Key Takeaway: U.S. Customs and Border Protection (“CBP”) is considering amending its regulations to require new disclosures designed to give the agency greater visibility into the supply chains of goods imported into the United States. The proposals target three areas: 1. enhanced identification of parties involved in importation; 2. integration of technical tracing solutions; and 3. collection of foreign export documentation. Crowell is available to provide support to clients in preparing responses to CBP’s ANPRM, in advance of CBP’s deadline on December 1, 2026.
What Happened: On September 2, 2026, CBP issued an advance notice of proposed rulemaking (“ANPRM”) titled, “Heightened Import Disclosures for Supply Chain Visibility.” CBP seeks public comments on sixty-four (64) questions by December 1, 2026. The answers will help CBP develop changes in the regulations, which will be issued at a later date.
Scope: Key elements of the ANPRM include:
- Foreign Export Documentation: CBP is exploring whether importers of record should be required to submit or retain documentation that foreign exporters provide to their own customs authorities, including export declarations, commercial invoices, packing lists, certificates of origin, and export licenses or permits.
- Party Identification and Global Business Identifiers: CBP is considering replacing or supplementing the existing manufacturer or shipper identification code (MID) with a Global Business Identifier (GBI). The GBI is a unique private-sector identifier that includes the DUNS number, Global Location Number (GLN), Legal Entity Identifier (LEI), and Altana ID. The GBI is currently under pilot testing in the voluntary National Customs Automation Program (NCAP) test.
- Innovative Supply Chain Tracing Technologies: CBP is evaluating AI-driven and other private-sector tracing solutions to detect illegal transshipment before goods arrive at or are released from the U.S. border.
Rationale for Change: The ANPRM is rooted in Executive Order (E.O.) 14411, “Strengthening Customs Enforcement,” signed by the President on June 3, 2026. E.O. 14411 emphasizes the importance of customs enforcement for national security, foreign policy, and the U.S. economy, and specifically addresses compliance with laws governing forced labor, rules of origin, origin marking, intellectual property, revenue collection, and product safety.
Section 3 of E.O. 14411 directly mandates CBP to establish heightened import disclosure requirements, including: (a) disclosure of foreign tax identifiers, global business identifiers, and detailed supply chain and production method information; and (b) submission of documentation that foreign exporters were required to file with their own customs administrations prior to export to the United States. E.O. 14411 also directs CBP to leverage the Customs Trade Partnership Against Terrorism (“CTPAT”) program to strengthen enforcement across the international supply chain.
CBP maintains that existing tools such as the MID have significant shortcomings: the code is derived from name and address data, is not always unique or consistent, and is not always available to CBP early enough in the entry process to be operationally useful. Separately, it claims that illegal transshipment continues to deprive the U.S. government of lawful revenue and threatens economic security, prompting CBP to seek more resource-efficient, technology-driven interdiction methods.
Implications for Importers and Trade Compliance Professionals: If the ANPRM progresses to a Notice of Proposed Rulemaking (“NPRM”), the resulting regulations could apply across entry types, commodities, countries, and modes of transportation, with CBP also considering phased implementation timelines and differential treatment for small entities, foreign importers, CTPAT participants, and high-volume filers. Compliance teams should begin assessing their current supply chain documentation practices now, particularly their ability to obtain and retain foreign export documentation from overseas suppliers. This may raise practical challenges around document availability, lead times, and accuracy verification.
The ANPRM also signals that CTPAT minimum security criteria (MSC) may be expanded to include cybersecurity and data integrity requirements, potentially including prohibitions on the use of foreign-controlled logistics platforms such as LOGINK that have been identified as national security risks. CTPAT members and applicants should evaluate their current logistics platform arrangements in light of these potential new criteria.
Companies are strongly encouraged to submit substantive comments by the December 1, 2026, deadline. CBP has indicated that numerical and quantitative responses such as cost and benefit data will be particularly useful. Commenters should reference specific question numbers within their submissions. Crowell is available to provide support to clients in preparing responses to CBP’s ANPRM.
Crowell will continue to monitor CBP’s supply chain visibility rulemaking initiatives and further regulatory developments related to heightened import disclosure requirements under E.O. 14411.