11/06/2026
CBP Rule Would Tighten Importer Qualifications and Expand Broker Responsibilities
Check out this week's Customs Corner to read about CBP Rule Would Tighten Importer Qualifications and Expand Broker Responsibilities and more!
Trade and Customs Updates
CBP Rule Would Tighten Importer Qualifications and Expand Broker Responsibilities and more!
A CBP interim final rule scheduled for publication on November 6, 2026, would establish new qualifications for importers of record and expand customs brokers’ verification, recordkeeping, and compliance responsibilities, according to the supplied rule summary. The new requirements within the IFR are effective as of January 5, 2027.
Titled “Heightened Requirements for Foreign Importers of Record,” the rule implements importer-related provisions of Executive Order 14411, Strengthening Customs Enforcement, signed on June 3, 2026. Although focused on foreign importers, the changes would also affect U.S.-organized businesses and the brokers handling their entries.
The rule would establish 19 CFR Part 110, defining U.S. and foreign importers of record, along with the terms “beneficial owner” and “physical domestic assets.”
Under the described requirements, a U.S. importer of record would be:
- An individual who is a U.S. citizen or lawful permanent resident; or
- An entity organized under U.S. law and located in the United States that continuously meets either a 51% qualifying beneficial ownership and control requirement or a requirement for direct ownership of a significant amount of unencumbered U.S. real property.
Importers that do not meet these criteria would be classified as foreign importers of record.
Foreign importers would need to participate in the Customs Trade Partnership Against Terrorism (CTPAT) or use a licensed customs broker that participates in CTPAT to file their entries.
Brokers would be required to retain records supporting verification of a client’s qualification as a U.S. importer of record. The rule also describes expanded enforcement exposure for broker violations, including monetary penalties and possible license or permit suspension or revocation.
This interim final rule is effective on January 5, 2027.
Licensed customs brokers may submit requests for delayed compliance with the changes in § 111.29 of title 19 of the Code of Federal Regulations (19 CFR 111.29) prior to January 5, 2027.
All customs brokers are expected to be in full compliance with the requirements of this rule no later than May 6, 2027.
Reference:
Federal Register :: Heightened Requirements for Foreign Importers of Record
U.S. Announces Intent to End AGOA Eligibility for Rwanda and South Africa
President Trump has notified Congress and the governments of Rwanda and South Africa of his intent to terminate both countries’ eligibility under the African Growth and Opportunity Act (AGOA) trade preference program, effective January 1, 2027.
In a statement issued on November 2, 2026, U.S. Trade Representative Ambassador Jamieson Greer said the decision followed an annual interagency review led by his office. According to Greer, the president determined that both governments were engaging in practices inconsistent with AGOA’s eligibility requirements.
Greer cited barriers to American trade and investment, as well as practices the administration considers threats to U.S. national security and foreign policy interests in the region.
For Rwanda, the administration identified concerns involving trade and investment barriers, the rule of law, political pluralism, internationally recognized worker rights, human rights, and U.S. security and foreign policy interests.
For South Africa, the administration cited barriers to U.S. trade and investment, corruption, and concerns related to U.S. security and foreign policy interests.
Greer said the administration is working with African partners to encourage the steps needed to meet the program’s eligibility criteria.
Reference:
LA–Long Beach Port Security Union Extends Contract Talks, Averting Nov. 1 Strike
The International Longshore and Warehouse Union (ILWU) Local 26 and the Pacific Maritime Association (PMA) have agreed to extend negotiations for a new labor agreement, averting a strike previously threatened for Sunday, November 1, 2026.
Local 26 represents terminal security personnel at the ports of Los Angeles and Long Beach.
The extension gives both parties until midnight on Friday, November 6, to reach an agreement. If negotiations remain unresolved, the strike could begin on Saturday, November 7.
CBP Updates ACE Portal Application to Support Account Merger Requests
CBP updated ACE Secure Data Portal account application on November 5, 2026, to facilitate requests to merge two or more accounts under a single top account.
Under the updated process, the account owner for the acquiring entity should submit the merger request through the ACE Portal Application..
Each request must include a letter on company letterhead, signed by an authorized company official, providing:
- Company names and applicable account identifiers for the acquiring entity and each newly acquired entity.
- Subsidiary acquisition date.
- Current contact information, including a telephone number and email address.
Requestors may also upload additional supporting documentation, such as bond information.
Reference:
CSMS # 70362316 - ACE Portal Application Updated to Include Account Merger Requests
CBP Resolves ACE Statement Error and Issues Guidance to Filers
CBP has resolved an issue in ACE that caused some trade participants to receive erroneous statements on October 28 and October 29. The agency issued guidance to help affected filers identify valid statements and avoid payment authorization errors.
Filers who recently received statements for July 29 or July 30 should disregard them. Attempts to authorize these incorrectly generated statements will be rejected.
Some entry summaries submitted on October 23, 27, or 28, with scheduled statement print dates on or before October 30, may have generated two statements.
Affected filers can either:
- Reschedule the entry summary to a different statement date; or
- Use the REV-104 Daily Statement Entry Summary List report in ACE Reports to identify the correct statement number.
For some entry summaries submitted on October 23, 27, or 28 and scheduled for a future statement date, filers may have received statements prematurely.
CBP advises filers to ignore those early statements and confirm their scheduled statement print dates. The correct statements will be sent automatically on the appropriate scheduled dates.
Filers encountering errors when submitting payment authorizations through RM EDI, or who suspect they received a statement in error, should also use the REV-104 report to verify that the statement number is valid.
Reference:
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