Even prior to the 2016 Presidential election, Congress had already determined that certain enforcement measures were necessary to protect U.S. companies. Signed into force in February 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) was the first comprehensive authorization of U.S. Customs & Border Protection (CBP) since the Department of Homeland Security was created back in 2003.
Provisions within the TFTEA update longstanding CBP programs such as duty drawback making the process of obtaining refunds of customs duties paid for imported products that are later exported easier; formalize modernization efforts such as CBP’s Automated Commercial Environment (ACE), or e-filing entry process; and introduce certain enforcement measures further outlined below. Combined with the protectionist statements from the new Administration, companies that import and export products should, at a minimum, expect increased scrutiny of their shipments and more sophisticated companies should anticipate a new landscape where trade measures are used to gain competitive advantages.
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