THE VIGILANT VIGIL – 27th EDITION
Welcome, visitor, to the Vigil. Here you will find a summation of current global trade changes and regulatory updates. We aim to deliver helpful insights in a timely and relevant manner, to help you remain vigilant in an ever-evolving trade environment.
The Editing Director (T.E.D.)’s Foreword:
CLUTCH YOUR PEARLS… AND THEN READ THE FEDERAL REGISTER
I have been working in international trade for more than 30 years. It takes a fair amount to make me clutch my pearls anymore.
Well, dear readers, I clutched my pearls this week.
On September 2, CBP published an Advance Notice of Proposed Rulemaking (ANPRM) entitled “Heightened Import Disclosures for Supply Chain Visibility.” It is a continuation of Executive Order 14411, Strengthening Customs Enforcement, and CBP is considering fundamental changes to the information importers may eventually be required to obtain, verify, retain and potentially transmit regarding their international supply chains. The notice specifically addresses foreign export documentation, identification of parties throughout the supply chain, Global Business Identifiers, technology-enabled traceability, artificial intelligence and potential changes to CTPAT. CBP’s stated objective is greater visibility into imported goods and better detection of illegal transshipment and other violations of U.S. customs and trade laws.
Before anyone panics, this is an ANPRM, not a final rule. These are proposals and questions, not requirements that take effect tomorrow. But I would strongly caution against interpreting that to mean, “Nothing to see here yet.”
Quite the opposite. In my opinion, this may be one of the most significant Federal Register notices in recent history regarding how U.S. importers manage their international supply chains. CBP itself classifies the ANPRM as a “significant regulatory action.” More importantly, the 64 questions CBP asks give us a pretty remarkable window into where customs enforcement may be headed.
So, in honor of my lucky number, here are 13 reasons my pearls required clutching.
T.E.D.’s Lucky 13
- CBP may want the foreign export declaration. CBP is considering requiring importers to obtain documentation submitted by foreign exporters to their own customs authorities. That could include export declarations showing value, classification and quantity.
- There is some delicious regulatory irony here. U.S. EEI filed in AES is confidential, and Census specifically restricts disclosure of that information to foreign persons and foreign governments for nonofficial purposes. Yet we are now contemplating requiring U.S. importers to obtain comparable export information from foreign suppliers. Different countries, different laws, obviously, but I suspect I am not the only trade professional who raised an eyebrow.
- And CBP isn’t talking only about the export declaration. Commercial invoices, packing lists, certificates of origin, export licenses and permits, and transportation documents are all specifically identified as possible foreign export documentation.
- Think about that operationally. Who obtains it? Procurement? Logistics? Trade Compliance? The broker? When? Where is it stored? What happens when the supplier says no?
- This could potentially apply to ALL imported goods. That is literally CBP’s first question: should the importer of record be required to submit foreign export documentation for all goods imported into the United States? CBP is also asking whether documents should accompany entry/entry summary or simply become required records.
- That distinction could have enormous implications for entry processing, broker workflows, document management, system architecture and staffing.
- Reasonable Care could extend to foreign-generated documentation. One question that particularly caught my attention asks whether the importer’s duty of reasonable care should be the standard used to assess and ensure the accuracy of foreign export documentation before it is submitted to CBP.
- Read that one again.
- If your supplier creates the document, what exactly is your responsibility for validating it? What information would reasonably be available to you? What happens when foreign export requirements use different valuation, classification or reporting concepts? These are precisely the questions importers should be commenting on NOW.
- CBP wants discrepancies reconciled. The ANPRM specifically asks what internal controls importers should use to identify differences between foreign export documentation and the U.S. entry, including differences in value, quantity and classification, and what evidence should justify those differences.
- That sounds an awful lot like a future audit trail to me.
- CBP is thinking about authenticity too. Importers may need to establish that the document they received is the exact document submitted to the foreign customs administration and has not been modified. CBP even asks whether it should verify foreign export data directly with foreign customs administrations.
- PDF emailed from Bob at the supplier may eventually need a little more provenance.
- The MID may be headed for an overhaul. CBP openly acknowledges that the Manufacturer Identification Code provides limited information, may not identify the actual party of enforcement interest, is not always unique or consistent, and may arrive too late in the entry process. CBP is considering redefining or replacing it.
- Potential alternatives include identifying the actual manufacturer, shipper and exporter, using full company names and physical addresses, and potentially collecting that information earlier.
- CBP may want to know considerably more of the cast of characters. Beyond manufacturer, shipper and exporter, CBP asks whether other parties should be identified, including online marketplaces and even the party to whom the merchandise is ultimately intended to be delivered, which may not be the initial recipient or consignee.
- In other words: Know Your Supply Chain may be moving from good compliance advice toward something much closer to an entry-data expectation.
- Global Business Identifiers could become much more important. CBP is considering expanded use of identifiers such as D-U-N-S, GLN, LEI and Altana ID and asks whether businesses could obtain foreign tax and global business identifiers for manufacturers, shippers and sellers. It even asks whether product-level identifiers could provide information about supply chains and production methods.
- If your supplier master data currently consists of “ABC Factory, Shenzhen,” we may have some homework.
- Entry data may need to arrive earlier. CBP asks whether requiring entry to be filed sooner would improve its ability to review supply-chain documentation and determine admissibility before arrival. It also recognizes the obvious questions about data availability, accuracy, broker/carrier operations and cost.
- Those of us who have spent our careers waiting for commercial documents to magically appear five minutes before cargo arrives may now clutch our pearls collectively.
- AI is explicitly in the room. CBP states that it has intensified enforcement against illegal transshipment and is evaluating AI-driven solutions to identify transshipment risk. It then asks what role AI should play in private-sector supply-chain visibility technologies and how those technologies could integrate with ACE and Partner Government Agency data.
- I know some organizations remain nervous about using AI in trade compliance. I understand the concern. But the government does not appear particularly frightened of it. If regulators and enforcement agencies are using increasingly sophisticated technology to analyze your transactions and supply chain, perhaps your compliance organization should consider doing the same to audit itself before someone else does.
- CTPAT may evolve significantly. CBP asks whether CTPAT participants should be required to use enhanced supply-chain tracing technology, make that technology visible to CBP, and meet expanded cybersecurity and data-integrity requirements. It even raises possible restrictions on certain foreign-controlled logistics platforms.
- That potentially moves CTPAT further into technology, data integrity and continuous supply-chain visibility, rather than simply traditional physical supply-chain security.
- This is fundamentally about enforcement. EO 14411 identifies forced labor, rules of origin, origin marking, intellectual property, revenue collection and product safety among the areas implicated by stronger customs enforcement. The ANPRM adds illegal transshipment, dual invoicing, foreign documentation comparison and technology-driven supply-chain tracing.
- For years, I used to joke that exports were scary and imports were easy: classify it correctly, value it correctly, pay the right duty and don’t do anything stupid.
- I don’t say that anymore.
USE YOUR VOICE
Here is perhaps the most important part of this entire Vigil: CBP is asking what you think.
Rarely does the government knock on our door and say, “Before we write this rule, would you please tell us how this might actually affect your business?”
When they do, ANSWER THEM.
Comments are due December 1, 2026, under Docket USCBP-2026-1058. CBP isn’t merely inviting general opinions. It specifically asks commenters to explain current business practices and technology, implementation challenges, potential costs and benefits, appropriate phase-ins, impacts on small businesses and high-volume filers, and the time companies would realistically need to comply. CBP also asks that quantitative comments provide enough information for the agency to recreate the calculations. So be thoughtful. Be specific. Be constructive. Bring Procurement, Logistics, IT, Tax, Legal, Finance, your brokers and your foreign operations into the discussion. Explain what it actually takes to obtain foreign documents. Explain contractual restrictions, confidentiality concerns, language issues, timing, supplier resistance, system changes, staffing requirements and costs. If a proposal is workable, say so. If it isn’t, explain why and suggest an alternative.
USE YOUR VOICE. They asked for it.
AND THEN START PREPARING
Do not wait until a final rule appears.
Start evaluating your supplier management program now. Actually, yesterday would have been preferable. Determine who your suppliers really are, who manufactures your products, who exports them, who owns those entities, where production occurs and what upstream risks exist. Procurement and Trade Compliance need to become considerably better friends.
Review supplier contracts. If tomorrow you needed your foreign supplier to provide export declarations, licenses, certificates and other government-filed documentation, would your contract require them to cooperate? Could they legally provide it? How quickly? Who pays for the additional work?
Look at your systems. Can your TMS, ERP or GTM environment receive these documents, extract relevant information, compare it against transaction and entry data, identify discrepancies and retain the supporting evidence? If you don’t have a GTM solution, this might be an excellent time to start investigating one.
Look beyond conventional denied-party screening. Supply-chain risk increasingly involves ownership, upstream suppliers, forced labor, transshipment, sanctions and other relationships that may not appear on a simple government list.
And audit. Thoroughly.
Classification. Value. Origin. FTA qualification. Section 232. Section 301. Forced labor. ADD/CVD. Supplier declarations. Whatever claim you are making, make sure you can prove it.
CBP already has broad authority to examine records, conduct audits, determine duties and taxes owed, determine liability for fines and penalties, and evaluate compliance with the laws it administers. EO 14411 makes clear that customs enforcement is being treated as an economic and national-security priority.
And with the increasingly close relationship between customs enforcement and broader civil and criminal enforcement tools, I would not build a compliance strategy around hoping nobody notices. I
have spent three decades telling people to read the regulations. Apparently I am now assigning homework.
So, brush up on your Shakespeare. Read the bloody thing.
(The link is included in the Federal Register notices below).
Read the ANPRM. Circulate it internally. Discuss it with your suppliers and partners. Think about the 64 questions CBP is asking. Submit meaningful comments by December 1. Then start preparing for the direction in which this appears to be heading.
Because if even a portion of these concepts ultimately becomes regulation, supply-chain visibility may no longer be something sophisticated importers do because it is a “best practice.”
It may become part of what the government expects you to know, verify and prove.
And if you need help figuring out where to begin, reach out. If I can’t answer the question, I probably know someone who can.
My pearls have now been safely returned to the jewelry box.
Let’s veer into this week’s Vigil.
In this volume, we will explore:
- CSMS updates
- Updates to the Federal Registry, for both policy and product
- Cooperative call outs to other blogs
- Where to find us
- Be sure to check out our weekly edition of Trade Buzz
Let’s veer into it, shall we?
The following contains links and citations from multiple US government agencies and other credible sources. Vigilant GTS LLC is not the source material but simply compilating the information.
CSMS Updates
The following are short summaries of the actual information provided by CSMS. To stay up to date with announcements and news, please subscribe at: https://www.cbp.gov/webform/subscribe-receive-cbp-access-updates
CSMS # 69711865 – Copper Additional Smelt and Cast Country Detail Error Code Update Effective Monday, September 14, 2026, ACE will begin rejecting entry summaries where the copper primary country of smelt and the country of cast are not reported. ACE will return the F794 ADDTNL DEC TYPE RQRD FOR ARTICLE message as a fatal version of the error when the required 54 record type 12 for copper is not submitted. The copper smelt and cast country reporting requirements are as follows: CSMS # 69711865 – Copper Additional Smelt and Cast Country Detail Error Code Update
Federal Register Updates
These are just a sampling of the many updates and changes made by the Federal Register. For a more comprehensive list, or to subscribe to the updates yourself, follow the link below, and never miss a thing.
https://www.federalregister.gov
Proposed Rules
Heightened Import Disclosures for Supply Chain Visibility
| FR Document: 2026-17926 Citation: 91 FR 56408 | PDF Pages 56408-56414 (7 pages) Permalink |
| Abstract: U.S. Customs and Border Protection (CBP) is considering amending its regulations to give CBP greater visibility into the supply chains of goods imported into the United States. CBP is seeking comments on new requirements enhancing visibility into the parties involved in the importation of goods; integrating innovative technical solutions for the tracing of supply chains of those goods; and collecting foreign export documentation that foreign exporters are required to submit to the foreign… | |
Notices
China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation: Conforming Amendments to Product Exclusions
| FR Document: 2026-17925 Citation: 91 FR 56538 | PDF Pages 56538-56539 (2 pages) Permalink |
| Abstract: Effective July 1, 2026, the U.S. International Trade Commission (USITC) implemented certain changes to statistical reporting categories in the Harmonized Tariff Schedule of the United States (HTSUS). As a result of these changes, USTR is making conforming amendments to four product exclusions associated with the Section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. | |
Investigations; Determinations, Modifications, and Rulings, etc.
Light-Walled Rectangular Pipe and Tube from the People’s Republic of China, Mexico, the Republic of Korea, and the Republic of Turkiye
| FR Document: 2026-17772 Citation: 91 FR 56121 | PDF Pages 56121-56122 (2 pages) Permalink |
| Abstract: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders and countervailing duty (CVD) order on light-walled rectangular pipe and tube (light- walled pipe and tube) from the People’s Republic of China (China) (AD/ CVD), Mexico (AD), the Republic of Korea (Korea) (AD) and the Republic of T[uuml]rkiye (T[uuml]rkiye) (AD) would likely lead to the continuation or recurrence… | |
Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam
| FR Document: 2026-17861 Citation: 91 FR 56209 | PDF Pages 56209-56212 (4 pages) Permalink |
| Abstract: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930, as amended, to determine whether revocation of the countervailing duty order on polyethylene retail carrier bags from Vietnam and revocation of the antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are… | |
Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam
| FR Document: 2026-18088 Citation: 91 FR 56633 | PDF Pages 56633-56634 (2 pages) Permalink |
| Abstract: As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on certain steel nails (nails) from the Republic of Korea (Korea), Malaysia, the Sultanate of Oman (Oman), Taiwan, and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to the continuation or recurrence of dumping, at the levels indicated in the “Final Results of Sunset Reviews” section of this notice. | |
News from other esteemed sources:
CSIS/TRADE GUYS
U.S.-Canada Trade, De Minimis Exemption, and Tariff Evasion and Transshipment On this episode, the Trade Guys discuss the latest developments in U.S.-Canada trade negotiations, a recent court ruling on the Trump administration’s 2025 move to end the de minimis exemption, and a new White House report on tariff evasion and transshipment. U.S.-Canada Trade, De Minimis Exemption, and Tariff Evasion and Transshipment | The Trade Guys | CSIS Podcasts
BAKER/MCKENZIE
| US Government Issues Executive Order 14420 to Secure US Bulk-Power System 09/01/2026 On August 26, 2026, President Trump issued Executive Order 14420, “Declaring a National Emergency to Secure the United States Bulk-Power System” (“EO 14420“), which aims to prevent certain foreign actors from creating or… Read more… |
| United States Streamlines Drone Export Controls While Imposing New Section 232 Tariffs on Drone Imports 09/01/2026 On August 13, 2026, the Trump Administration introduced a combination of trade measures intended to expand export opportunities for US unmanned aerial vehicle (UAV or drone) manufacturers while increasing incentives to source and produce drone… Read more… |
Vigilant Visitation Opportunities
We will be out and about at different trade and compliance related conferences around the country! We would love for you to come to say hello, so we can get to know you better! You can also connect with us at: https://vigilantgts.com/ or through our socials, on Facebook and LinkedIn!
Where we will be:
CBP Trade and Cargo Security Summit, (Rescheduled to September, 8-10, 2026)
Dallas, TX
Jamie Adams will be attending sessions and happy to connect with you.
ICPA Global Trade Pathways Conference (Fall), September 13, 2026
Grapevine, TX
Vigilant will be a sponsor and you can visit us at our booth. Jamie Adams will be presenting and leading the choir. Speaking on: Every Export is Someone Else’s Import, and Panel on 338 (Canada vs. USA)
ICPA Global Trade Insights Conference (Fall), September 29 – October 1, 2026
Dublin, Ireland
Jamie Adams will be moderating a panel on US Tariff Updates and Mitigation Strategies.
ICPA Mexico Conference, November 3 – November 5, 2026
Mexico City, Mexico
Jamie Adams will be moderating a panel on USMCA Enforcement and Verifications.
TRADE BUZZ – Powered by Vigilant GTS
Trade never stands still—and neither do we.
Every Tuesday, we publish a new Trade Buzz episode highlighting timely developments in customs, tariffs, export controls, sanctions, compliance, and global trade. Our goal is simple: provide practical, easy-to-understand insights that help you stay informed and prepared.
This week’s topic: With tariffs and import costs continuing to rise, companies should not overlook opportunities to recover duties they have already paid. This week, we explore Duty Drawback, how qualifying importers and exporters may be able to reclaim duties, taxes and fees, and why good data, documentation and traceability are essential to identifying and successfully supporting those refund opportunities.
🎥 Watch the latest episode: https://vigilantgts.com/reclaim-import-taxes-boost-your-bottom-line-hb/
Missed a previous episode? Browse the complete Trade Buzz library at: https://vigilantgts.com/category/trade-buzz/