NCBFAA Says Better Data Requirements Would Help Prevent Counterfeit Imports

The lack of information provided to the government for low-value shipments is a major impediment to stopping imports of counterfeit goods, the National Customs Brokers & Forwarders Association of America told the Commerce Department in a July 29 filing. The comments were filed in response to Commerce's request for input on the subject as it prepares a report for the president (see 1907080030). "For de minimis shipments valued at $800 or less, CBP clears shipments by processing data from manifests, which provides only limited data and does not include the information most needed for effective commercial targeting," the group said.

There is a disconnect between what CBP requires for most shipments and what is required for Section 321 shipments, the NCBFAA said. "The manifest does not show who is actually buying the goods in the U.S., only where those goods are first being delivered," the association said. "Descriptions are often vague or overly broad. 'Bags of plastic' would be an adequate manifest description. Yet, 'bags of plastic' could describe any number of items, including counterfeit medical devices or pirated purses."

The trade group offered support for planned tests of advance data requirements for de minimis goods (see 1907220025) and the new entry type 86 (see 1904170008). Still, "we remain concerned that the proposed Entry Type 86 still does not require all the data elements needed for effective targeting, such as the identity of the manufacturer and the US buyer," the NCBFAA said. Also, the entry type will only be voluntary for de minimis shipments that aren't subject to another agency's import requirements.

Sustaining the rise of e-commerce wouldn't be “possible without user trust in online services,” commented the Computer and Communications Industry Association. Internet companies “across the spectrum devote significant resources to maintaining trust in online purchases,” CCIA said. “Combating counterfeit and pirated goods online is central to these efforts.” The administration’s study “could help ensure that online sales are trusted environments, and that digital e-commerce can continue to grow and benefit sellers of all sizes,” it said. “CCIA encourages the relevant agencies to take into account all of the existing work and vigorous attention to this issue,” while steering clear of “mandated requirements” that would have “significant consequences for smaller competitors,” it said. It also sought “better facilitation of information sharing between enforcement agencies,” including CBP, to fight counterfeits.