FPAA achieves significant progress on implementing new import requirements with homeland security

In response to requests from the Fresh Produce Association of the Americas (FPAA), Customs and Border Protection (CBP) of the U.S. Department of Homeland Security has made significant changes to more effectively implement new requirements for transportation companies carrying imported goods.

“While many issues still remain, joint CBP-FPAA actions have already resulted in considerable improvements on the movement of goods through ports of entry in general around the country, and Nogales, Arizona in particular,” said Lee Frankel, president of the FPAA. “CBP took our suggestions seriously and implemented most of our recommendations. This will help make the border more secure while still allowing for the efficient movement of time sensitive products like fresh fruits and vegetables. While we still have many issues to be resolved, we look to be on the right track.”

CBP is phasing in a new requirement for transportation companies to submit additional information regarding the driver and tractor used to cross the border in addition to the product, importer, and exporter information that the industry has been submitting for several years in an electronic format prior to the goods arriving at the port of entry. The system is called the Automated Commercial Environment (ACE) electronic manifest program for carriers. This system allows CBP to prescreen goods and carriers prior to arrival so that front line officers can focus more of their attention on doing inspections rather than reviewing paperwork at the time of entry. Arizona is the first Customs district to implement the new policy.

Following written concerns outlined by the FPAA, CBP implemented a number of steps to improve the ACE e-manifest system and industry compliance within the new system. CBP increased outreach to smaller trucking companies through multiple seminars held at the FPAA office. Additionally, computer programmers within CBP are giving priority to work tickets from Arizona that are generated when there are problems either with the CBP computer system internally or with the transmission of data into the system. CBP has also placed more efforts in programming to make the system more stable.

Lee Frankel explained, “While we have seen some progress from CBP in making sure their new system is fully functioning and stable, there are still several serious issues that need to be resolved before ACE e-manifest becomes mandatory. CBP has acknowledged internal issues with the system by agreeing to a 1 month delay of their next enforcement phase for e-manifest.”

Members of the industry are still waiting on a senior computer programmer from CBP headquarters to come to Nogales, Arizona for additional trouble shooting. Unfortunately, the visit is postponed due to serious software bugs still in the system, which result in nearly all users of the truck e-manifest to enter the CBP compound for intensive document reviews.

Added Frankel, “Companies that are working with CBP to use the e-manifest system before the mandatory enforcement date are being penalized because of software problems that exist in the system. Over 90 percent of shipments using the ACE e-manifest system are being sent to the compound for additional document reviews, which significantly delays shipments and causes backlogs of trucks being screened in the compound. Instead of giving CBP greater screening capabilities while increasing efficiencies at the port, the ACE system in its current form is actually hampering CBP’s ability to effectively and efficiently process imports.”

The FPAA and industry members agree that the delay in mandatory enforcement for ACE e-manifest will hopefully give CBP additional time to resolve internal system issues, to provide additional system training to frontline CBP officers, and to identify areas of additional training needed by the industry.

P.O. Box 848, Nogales, AZ 85628
Ph. (520) 287-2707, Fax (520) 287-2948
Contacts: Lee Frankel and Allison Moore – FPAA 520-287-2707