Senate Appropriators Issue Numerous Demands to CBP

In the 175-page explanatory statement published Dec. 19, the committee was also concerned that importers that are circumventing antidumping duty and countervailing duty orders may be keeping their vessel manifest data confidential, "limiting visibility into high-risk trade flows. The Committee directs CBP to review its confidentiality policies as they apply to importers, consignees, or HTS codes subject to active Enforce and Protect Act [EAPA] investigations or ongoing AD/CVD enforcement actions."

It asked CBP to report within 120 days on administrative or regulatory changes that could enhance transparency "while preserving legitimate confidentiality protections for compliant importers."

The committee also told CBP it's concerned that solar panels made in Southeast Asian countries that were ruled to be circumventing AD/CVD orders on Chinese goods were stockpiled past the two-year pause on deposits granted under the Biden administration. Panels imported from those countries were to be installed by Dec. 3, 2024 (see 2310110069); the committee says some of the panels imported during the pause in 2023 and 2024 are still in the U.S., not yet installed. So it asks CBP to provide "a detailed report" within 90 days on how it enforced the deadline, "including the cumulative amount of pending duties for unutilized panels and the total duties recovered as a result of such enforcement actions." The issue was being scrutinized by senators even in mid-2024, before the deadline (see 2407090002).

The committee members said they're also concerned that importers are evading antidumping duties on magnesium metal, either by blending Chinese metal or by transshipment. "The Committee encourages CBP, in coordination with the Department of Commerce, to enhance scrutiny of supply chains involving third-country foundries and recycling operations that import Chinese magnesium for reprocessing."

The explanatory statement directed CBP's Office of Trade to spend just as much in the current fiscal year as they did in FY 2025 to fight forced labor and to implement the Uyghur Forced Labor Prevention Act, including hiring more people, adding technology and more. It asked for a briefing on UFLPA within 60 days, including "the obstacles to enforcing UFLPA in cases of rail, road, and air transportation," engaging with other countries to prevent bifurcated supply chains," and the agency's "engagement with shippers to ensure timely but full review of shipments flagged for review."

The Appropriations Committee directed CBP "to expand its partnership with the U.S. Postal Service to provide advance electronic data to identify counterfeit goods and to enhance communication with rights holders through sharing specific detention information and images, as recommended in the March 2021 Commercial Customs Operations Advisory Committee background paper," and to provide a report on how it's done so, within 90 days.

The committee asked for a CBP briefing within 120 days on enforcement of the Lacey Act, including the agency's efforts to consult with trading partners, importers, exporters and other interested groups. It also asked for a briefing within 90 days on what it's doing to "combat illegal, unreported and unregulated fishing-related activities relating to the illegal timber trade."

Relatedly, the committee asked for a report within 180 days on "CBP’s current role in the wood importation declaration process, how it interacts with other agencies, and concrete steps the agencies can take to expedite shipments that are delayed."

It asked for a report within 180 days on how CBP is trying to prevent illegal vaping products from being imported, and "any potential regulatory, statutory, or other process-related enhancements that would help facilitate greater enforcement efforts."

The statement said the Section 321 data pilot was important, and asked for a briefing on next steps. It also said it would request a Government Accountability Office report on "the findings and merits of the Section 321 Data Pilot program to include whether additional legislative authorities would improve CBP’s ability to collect data for goods imported under de minimis." There is no de minimis pathway for imports now.

The committee asked for a briefing within 120 days from CBP on "the current state of [foreign-trade zones] FTZs, the performance measures used to evaluate the impact of FTZs, the level of support provided by CBP, and plans for expanding FTZs. Additionally, CBP shall include with the briefing a plan for incorporating requirements relating to FTZs in the OFO Workforce Staffing Model."

Within the total funding recommended for Trade and Travel Operations, including Office of Operations and Office of Trade, the bill dedicates almost $500 million for the year ending Sept. 30, 2026. It directed CBP to work on better forecasting for staffing at ports, and a model to mitigate wait times at the busiest land ports of entry. It also said that agricultural specialists are understaffed, and there may need to be dual certification or additional work hours.

Overall, CBP operations funding is down about $600 million in this bill from last fiscal year, though there also are fee collections.

"Further, the Committee notes that CBP is projecting a 'retirement' cliff as a large number of CBP officers will be eligible for retirement over the next few years. CBP shall provide a briefing to the Committee within 120 days of the date of enactment of this act on those projections, steps the agency is taking to manage the risks associated with a loss in workforce, and consequences of inaction on the agency’s operational capabilities, including data on impacts to trade, travel, and economic and security impacts."

The committee also directed the Cybersecurity and Infrastructure Security Agency within DHS to identify risks to critical infrastructure by advanced vehicles that "send telemetry to and receive updates from companies located in foreign entities of concern," including the possibility of surveillance. It asked for a report within 180 days.