Background

CBP issued an Advance notice of proposed rulemaking, “Heightened Import Disclosures for Supply Chain Visibility,” 91 Fed Reg 56408 (FRN), on September 2, 2026.  Responses are due to CBP by December 1, 2026, using the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP–2026–1058. 

“On June 3, 2026, the President signed Executive Order (E.O.) 14411, ‘‘Strengthening Customs Enforcement.’’ 1 Section 1 of the E.O. emphasizes the importance of customs enforcement for purposes of national security, foreign policy, and the economy of the United States. The E.O. further underscores that effective customs enforcement prevents the importation of unlawful and dangerous goods, ensures importers of record (IORs) are correctly identified and accountable for duties owed, and guarantees compliance by various parties involved in the importation of goods with numerous Federal laws, including laws governing forced labor, rules of origin, origin marking, intellectual property, revenue collection, and product safety.” (FRN 56409)

The purpose of the notice, according to CBP is to obtain: 

• “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 customs authority prior to the exportation of those goods to the United States.” 
• “With these proposals, CBP seeks to more effectively detect and interdict illicit importations, especially those that are illegally transshipped to evade compliance with U.S. customs and trade laws.”

The Notice requests Public Participation in analyzing and responding to this request for comments.  It outlines the legal authorities and basis in the in the Executive Order for U.S. Customs and Border Protection (CBP) to better enforce customs laws.   It provides the entry requirements and the Import Manifest information.  It encourages participation in the CTPAT program for trusted partners in trade. 

The Recordkeeping and Audit Procedures for an audit by CBP include the authorities to: 

• Ascertain the correctness of any entry;
• Determine the liability of any person for duty, fees or taxes due the US;
• Determine the liability for fines and penalties; or
• Ensuring compliance with the laws of the United States administered by CBP.

I. Proposals for Bolstering Supply Chain Visibility

Under this Heading CBP outlines the approach being taken.  “These proposals are followed by questions as to which CBP is seeking more information.”  (FRN 56410). This article outlines the various proposals and the scope of questions.  The breadth of information requested will take organization to prepare, based on the scope of work.  

Proposal A. Foreign Export Documentation for Imported Goods. 

1. Scope of Requirement for Foreign Export Documentation; Transmission and Retention of Foreign Export Documentation

CBP is asking for input as to whether or not CBP should be mandating submission of Foreign Export Documentation, including:

• Export Declarations
• Commercial Invoices
• Packing Lists
• Certificates of Origin
• Export Licenses
• Transport Documents (Bill of Lading; Air Waybill)

Most, if not all of these documents should be readily available to the relevant actors or agents in the process. Essentially, this requirement, as stated above, would require the IOR to have full documentation of every entity in the supply chain that handled the goods.  

CBP asks 18 questions under this heading touching on whether there are benefits to requiring this information, including better record-keeping and information management.  For example, should the duty of reasonable care apply to these types of documents?  What level of internal controls are required and how to enforce?  This is an important category of documents that can present challenges for IORs to obtain if the rules change.

2. National Security Considerations

The five questions here focus on the types of goods that pose “unusually high or grave risk to the national security,’ of the U.S.

Proposal B: Parties Involved in the Manufacture, Production, Movement, and/or Exportation of Goods Imported into the United States

1. Manufacturer Identification Code 

IORs already file entry summaries that include a manufacturer or shipper identification code (MID).  “CBP is interested in proposals to redefine or replace the MID.” (FRN at 56412).  The thirteen questions delve into all aspects of the type of information to include, supply chain uses, expanding the utility of the MID, and more.

2. Global Business Identifiers

Global Business Identifiers (GBI) are “unique identifiers issued by the private sector to help companies map and trace their supply chains.” (FRN at 56412).  CBP is looking for input to potentially replace the MID with GBIs focused on:

• Manufacturers or suppliers
• Shippers
• Sellers

Nine questions are designed to obtain input on this replacement code but does not focus on the differences with MID, but on whether the GBI will provide better and more accurate information.

C.  Innovative Technical Approaches for Supply Chain Tracing

“CBP seeks to leverage supply chain traceability solutions (which are widely employed by the private sector today) to make rapid and resource-efficient decisions about illegal transshipment before goods arrive at, or are released from, the U.S. Border.” (FRN at 56413).

1. Novel Supply Chain Tracing Solutions

The ten questions in this area focus on AI and other software solutions for improving supply chain traceability.  One obvious solution is available through blockchain technology, but the multiple jurisdictions involved may impede that obvious approach.

2. Expanding CTPAT Program Requirements and Benefits

“CBP is interested in innovative supply chain tracing technologies that CTPAT partners can use to demonstrate the integrity of their supply chains,” (FRN at 56413).  These six questions focus specifically on CTPAT partners and compliance requirements.

II. Economic Impacts of Enhanced Supply Chain Visibility for Imported Goods

CBP is required to provide some estimates of costs and benefits of this rulemaking through the three questions in this final section.

Conclusion

 This request for comments in unusually broad and open-ended.  It affords all domestic players in supply chains for goods entering the U.S. to weigh in as to the feasibility, costs, alternatives and ways to improve customs processing and tracking of goods.  Given the rapid technological developments in AI, tracing approaches, data availability, privacy protection and related data usage, this is an excellent opportunity for companies to weigh in with CBP.  Providing informative guidance to CBP for real improvements in supply chain recordkeeping can be a cost-effective way to effectuate some change for the entire trade compliance sector.