Talking with Customs professionals can sometimes sound like a foreign language. Like many other agencies, U.S. Customs and Border Protection ("CBP") has developed a host of acronyms, and more are being added on a regular basis. The goal of this article is to familiarize the reader with some of the key programs and tools currently offered by CBP. So that the next time your broker or compliance officer says, "I looked up the HTSUS code that I will need to wrap up my C-TPAT and ISA applications on CROSS, but I couldn’t find the information I needed for FAST," you can reply, "Does the WCO have any helpful information in the EN for your product?"

ACE: The Automated Commercial Environment will revolutionize how CBP processes goods imported into the United States by providing an integrated, fully automated information system for collection, processing, and analysis of commercial import and export data. ACE will simplify dealings between CBP and the trade community by automating time-consuming and labor-intensive transactions that are currently handled manually or in separate database systems. This will result in moving goods through ports and on to markets faster and at a lower cost for both CBP and the importer.

BTA: The Bioterrorism Act (The Public Health Security and Bioterrorism Preparedness and Response Act of 2002), which was implemented on December 12, 2003, is intended to protect the health and safety of the people of the United States from an intended or actual terrorist attack on the nation’s food supply. The BTA requires registration with the Food and Drug Administration ("FDA") of all domestic and foreign food facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States, and also requires importers to give "prior notice" of food articles being brought into the United States before the articles arrive. Any food articles not complying with BTA requirements will be held by CBP officials until they are either brought into compliance with the BTA, or are exported from the United States with CBP approval.

CROSS: The Customs Rulings Online Search System is a free online searchable database of CBP rulings that can be retrieved using keywords and Boolean operators. CROSS has the added functionality of cross-referencing rulings from the initial search result set with their modified, revoked or referenced counterparts. Rulings collections are separated into Headquarters and New York rulings, and span the years 1989 to present.

CSI: The Container Security Initiative is an international cooperation program designed to enhance security from terrorist threats related to ocean container traffic. CSI calls for cooperation between CBP and partner Customs agencies around the world. The program’s pillars are: establishing security criteria to identify high-risk containers; pre-screening containers before they arrive at U.S. ports; using technology to pre-screen high-risk containers; and developing and using smart and secure containers. 34 ports around the world are CSI participants.

C-TPAT: The Customs-Trade Partnership Against Terrorism is a joint government- business initiative to build a network of cooperative relationships to strengthen overall supply chain and border security. C-TPAT recognizes that Customs can provide the highest level of security only through close cooperation with the ultimate owners of the supply chain: importers, carriers, brokers, warehouse operators, and manufacturers. Through this initiative, CBP is asking businesses to ensure the integrity of their security practices, and to communicate their security guidelines to their business partners within the supply chain. In return, CBP offers businesses an opportunity to play an active role in the war against terrorism, a reduced number of inspections and border delays, an assigned account manager to assist with compliance concerns, access to the C-TPAT membership list, eligibility for account-based processes such as bimonthly/monthly payments, and an emphasis on self-policing of Customs compliance, as opposed to CBP verifications.

EN: Issued by the World Customs Organization ("WCO"), the Explanatory Notes are the official classification guidelines of the trade community, and are essential to the correct classification of goods. Although they do not have a binding effect in CBP determinations, the EN are regularly used for entry classification, protests, and to resolve classification disputes with CBP.

FAP: The Focused Assessment Program is the latest evolution in CBP’s effort to enforce Customs compliance while encouraging individual responsibility. Instead of focusing on transaction testing in all trade areas, FAP begins with a review of internal controls, and then works with importers to address problems in areas identified as having a high risk of non-compliance in the initial review.

FAST: The Free and Secure Trade program is the result of an initiative between the United States, Mexico, and Canada to ensure security and safety while enhancing the economic prosperity of each country. In developing this program, Mexico, Canada and the United States have agreed to coordinate, to the maximum extent possible, their commercial processes for clearance of commercial shipments at the border. Similar to the CSI program, FAST will promote free and secure trade by using common risk-management principles, supply chain security, industry partnerships, and advanced technology, to improve the efficiency of screening and clearing commercial traffic at our shared borders.

HTSUS: The Harmonized Tariff Schedule of the United States is an organized listing of goods and their duty rates, which is used as the basis for classifying imported products and identifying the rates of duty to be charged on them. It is based on the international Harmonized System Convention (See "WCO"), and published annually by the U.S. International Trade Commission.

ISA: Importer Self-Assessment is a voluntary partnership between CBP and importers to maintain a high level of trade compliance. ISA allows importers maximum control of their own CBP compliance, and recognizes importers who are willing to assume responsibilities for self-assessment in exchange for less CBP oversight. In order to participate in the ISA program, an importer must be a member of C-TPAT, complete an ISA Memorandum of Understanding and Questionnaire, agree to comply with all applicable CBP laws and regulations, and maintain an internal control system that demonstrates the accuracy of CBP transactions.

WCO: The World Customs Organization has provided leadership in expanding the avenues of international trade for more than 50 years. The organization’s success has been driven by an adherence to the principle that harmonization of the world’s customs procedures will lead to more prosperity for international trade and the world at large. The major international conventions created or administered by the WCO include the Harmonized System Convention (the basis for the U.S. import and export schedules); The GATT Customs Valuation Agreement; the Nairobi and Johannesburg Conventions, both dealing with the sharing of information; 1973 Kyoto Convention on customs procedures; and the 1999 revised Kyoto Convention, formally known as the International Convention on the Harmonization and Simplification of Customs Procedures.

This article is presented for informational purposes only and is not intended to constitute legal advice.