On September 2, 2026, U.S. Customs and Border Protection (CBP) published an Advance Notice of Proposed Rulemaking (Notice) seeking input from the trade on implementation of portions of the president’s June 3, 2026 Executive Order on strengthening Customs enforcement. These changes, if implemented, could lead to significant new documentation, data, recordkeeping and supply chain tracing requirements for all U.S. importers.
 
The Notice poses 64 questions seeking public comment on topics such as submission of foreign export documentation, use of supply chain identifiers and technology, and expanded CTPAT requirements.

Among the most challenging proposals, CBP is considering requiring importers to obtain foreign export documentation submitted to foreign customs authorities for goods exported to the United States. This could include:

• Export declarations, including information regarding declared value, classification and quantity;
• Commercial invoices submitted to foreign customs authorities;
• Packing lists;
• Certificates of origin;
• Export licenses and permits; and
• Transportation documents, such as bills of lading and air waybills.

CBP is seeking comments on whether these documents should be submitted or available for submission. CBP is also asking whether the importer of record should be responsible for obtaining and retaining the documents and whether the importer’s reasonable care obligation should extend to assessing their accuracy before submission. CBP is also examining how the authenticity of foreign documents could be verified and how documents written in foreign languages should be handled.

The Notice also addresses several broader supply chain visibility initiatives, including multiple questions concerning:

• Manufacturer Identification Code (MID): CBP is considering redefining or replacing the MID because it provides limited identifying information, may not uniquely identify an entity and may not identify the party CBP is actually interested in for enforcement purposes.
• Global Business Identifiers (GBIs): CBP is evaluating whether GBIs or other entity level identifiers could be used to identify manufacturers, shippers, sellers and other supply chain parties, as well as whether importers could provide foreign tax and business identifiers or product level identifiers containing information about a product’s supply chain and production methods.
• Supply-chain technology: CBP is seeking information regarding technologies used to trace goods and raw materials, the use of artificial intelligence, tamper-resistant credentials and other tools that could verify information such as country of origin, and how these technologies could be integrated into ACE.
• CTPAT requirements and benefits: CBP is considering whether Customs Trade Partnership Against Terrorism (CTPAT) partners should be required to use enhanced supply chain tracing technology or provide CBP access to supply chain visibility information. CBP is also considering expanding CTPAT minimum security criteria to address cybersecurity and data integrity, including possible restrictions on certain foreign-controlled logistics platforms.
• Higher-risk imports: CBP is seeking comments on whether certain products or countries should be designated as presenting heightened national security risks and therefore be subject to more extensive foreign documentation requirements.

What Importers Should Consider

Although the notice does not yet impose new requirements, it provides a strong indication of the types of additional supply chain information CBP may seek in future regulations. Importers may wish to evaluate whether they currently have access to their suppliers’ foreign export declarations and related records, whether their systems can reconcile foreign export data against U.S. entry data, and whether they can identify manufacturers and other upstream supply chain parties beyond the information currently required for entry.

CBP specifically requests information regarding the compliance costs and operational burdens associated with these proposals and whether requirements should be phased in based on factors such as entry type, commodity, country, mode of transportation, company size, CTPAT participation, or filing volume. Comments must be submitted by December 1, 2026, under Docket No. USCBP-2026-1058.

For further information about this and other Customs matters, contact George Tuttle III at geo@tuttlelaw.com or 415-986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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