Bipartisan Draft Trade Bill Could Create True Single Window, Tackle Clerical Export Errors

A bipartisan pair of senators fleshed out a trade facilitation framework released in early June (see 2406100015) with legislative text that authorizes spending for several trade-related initiatives, including ones that would create a true single window, modernize ACE and try to reduce penalties for minor export filing errors.

Within two years of enactment, the bill would require a true single window pilot that is a "minimum viable product" to facilitate imports and exports. This single window should include uniform cargo admissibility and release processes, entry summaries, advance import and export data, and should be developed with input from the trade community.

The 32-page bill, which is called a discussion draft and could still change before formal introduction, would also clarify that clerical errors in submissions of export data "shall be exempt from penalties, so long as they are not part of a pattern of violative conduct.” CBP and the Census Bureau for years have said they have tried reducing “parking ticket” violations -- penalties for minor errors made in AES (see 2210110012).

A summary of the bill, released by Sen. Bill Cassidy, R-La., and Sen. Catherine Cortez Masto, D-Nev., also said CBP would be required to promulgate regulations on advance export manifest data submissions. The bill would require those regulations to avoid redundancies between CBP and partner government agencies.

The legislation would also address “lengthy processing delays in the duty drawback export promotion program by allowing for an accelerated payment of duty drawbacks” for “all claims where a bond is filed securing repayment of 100% of the claimed refund and where the claimant has provided” supported documents. The bill would direct CBP to promulgate regulations within 180 days on what information drawback filers would need to submit; it also says prior approval will not be required for substitution drawback.

“A trade system that’s simple and workable is a better trade system,” Cassidy said. “There must be better management of imports and exports. This can protect consumers and make it easier for American businesses to move goods around the world.”

Cortez Masto called U.S. customs laws outdated, in the release, and said she is working "to cut through red tape."

Public comments on the framework are due Aug. 30.