FY21 CBP Trade and Travel Report (March 2022)

Trade and Travel Report

Table of Contents

Introduction .............................................................................................................................. 4

Travel Facilitation...................................................................................................................... 5

Facilitating International Travel ............................................................................................... 5

Responding to the COVID-19 Pandemic.................................................................................... 5

Transforming and Innovating Travel ......................................................................................... 6

Technology Deployments .................................................................................................... 6

Biometric Update ............................................................................................................... 8

Preclearance .....................................................................................................................10

Public-Private Partnerships .................................................................................................10

Process Improvements .......................................................................................................10

Agriculture .......................................................................................................................11

Trade Facilitation and Enforcement .............................................................................................11

Responding to the COVID-19 Pandemic...................................................................................12

COVID-19 .......................................................................................................................12

Protecting America’s Domestic Industries from Unfair Competition .............................................12

FY2021 Revenue and Trade Remedies .................................................................................12

Revenue Protection –Antidumping/Countervailing Duty Enforcement .......................................14

Enforce and Protect Act......................................................................................................14

Trade Agreements .............................................................................................................15

Centers of Excellence and Expertise .....................................................................................16

Trade Community Outreach ................................................................................................16

Forced Labor ....................................................................................................................16

Protecting Americans from Counterfeit and Unsafe Imports ........................................................18

E-commerce Strategy .........................................................................................................18

Intellectual Property Rights Enforcement ..............................................................................19

Commercial Targeting and Analysis Center (CTAC) – Safety in Numbers .................................20

Modernizing Trade Systems ...................................................................................................20

eCERT ............................................................................................................................20

Customs Broker License Exam ............................................................................................20

Automated Commercial Environment (ACE) – Update ...........................................................21

ext Generation Technology...............................................................................................21

Facilitation and Enforcement of Cargo .....................................................................................22

Non-Intrusive Inspection Technology ...................................................................................22

Unified Cargo Processing ...................................................................................................23

International Mail..............................................................................................................24

Opioid Detection Challenge ................................................................................................24

Donations Acceptance Program ...........................................................................................24

Customs Trade Partnership Against Terrorism .......................................................................25

Agriculture Inspections ......................................................................................................27

Perishable Cargo Inspection Request ....................................................................................27

Conclusion ..............................................................................................................................27

I. Introduction

U.S. Customs and Border Protection’s mission of protecting the borders of the United States and

facilitating legitimate trade and travel is not only a critical component of national security, it is

also a significant driving force of the country’s economic prosperity. CBP is committed to

publishing the results of its key trade and travel programs and operations. This report

summarizes CBP’s Fiscal Year 2021 trade and travel facilitation and enforcement efforts.

The United States faced serious hardships during FY2021 because of the coronavirus pandemic.

The impacts on travel were unprecedented and severe. After a decade in which travel increased

more than 16 percent, the volume of international travelers decreased in FY2021 for the second

consecutive year due to constraints caused by dangerously rising infection rates and other public

health safety impediments.

CBP processed more than 179 million travelers at the ports of entry in FY2021, including more

than 44 million travelers at airports. Arriving air travelers decreased by 28.6 percent when

compared to the previous fiscal year due to the ongoing global pandemic. Furthermore,

passenger volumes for all modes of transportation combined decreased 24.6 percent with land

travelers decreasing by 18.8 percent and sea travelers decreasing by 77.4 percent.

Despite the overall decrease in travel, biometric processing increased dramatically. CBP

biometrically processed more than 48 million travelers using biometric facial comparison

technology at entry, exit and Preclearance locations with a match rate of more than 97 percent in

FY2021. CBP sees biometric technology as the way of the future, a means of achieving faster

processing times for travelers and continuing the facilitation improvements that the agency has

attained through other technologies and CBP’s Trusted Traveler programs. Biometric technology

has similarly been valuable in helping CBP accomplish its enforcement mission by confirming

the identity of travelers exiting the country, proving that it is a vital element of national security

and enforcing U.S. immigration laws.

Furthermore, CBP’s biometric facial comparison technology has enabled the travel industry and

traveling public to practice sound public health safety measures. The technology also will be a

key component in restoring consumer confidence that travel is safe and will provide a solid

infrastructure to build upon in the event of a future health crisis.

On the trade front, although the pandemic continued to have lingering impacts on global trade,

CBP processed more entries and collected more duties than in FY2020, exceeding pre-pandemic

levels in both volume and value. CBP processed 36.9 million entries valued at over $2.8 trillion

during FY2021 and collected approximately $85.5 billion in duties, a 14.9 percent increase over

FY2020. Overall, CBP collected approximately $93.8 billion in duties, taxes and other fees on

behalf of the U.S. government in FY2021, representing a 133 percent increase over a five-year

period.

While CBP ramped up its efforts to accommodate increased trade flow and facilitate the

movement of critical medical and health supplies, illicit actors worldwide attempted to make a

profit importing unsafe goods into the U.S. commerce. In FY2021, CBP continued to target and

seize illegal imports of counterfeit, unapproved or otherwise substandard COVID-19 related

products that threatened the health and safety of American consumers. These seizures included

38,154 Food and Drug Administration-prohibited COVID-19 test kits, just over 35 million

counterfeit face masks and 8,677 Food and Drug Administration-prohibited hydroxychloroquine

tablets. Fifty-three percent of the seizures occurred in the express consignment environment, 18

percent were discovered in incoming mail and roughly 31 percent originated in China.

Additionally, after a record-breaking year in forced labor enforcement in FY2020, CBP

established itself as a global leader in the fight to end forced labor, winning the 2021 Samuel J.

Heyman Service to America Medals People’s Choice Award, also known as “the Sammies.”

During the fiscal year, CBP issued seven new withhold release orders and published two new

findings, the first findings published by the agency in over 24 years. CBP also worked closely

with customs partners in Canada and Mexico to support implementations of forced labor

provisions in the U.S.-Mexico-Canada Agreement, which requires both Canada and Mexico to

implement their own forced labor prohibitions.

II. Travel Facilitation

Facilitating International Travel

CBP continues to transform the international arrivals process to attract and welcome visitors to

the United States, while maintaining the highest standards of security.

CBP officers processed more than 179 million travelers at air, land and sea ports of entry,

including more than 44.3 million travelers at air ports of entry, amid a global pandemic and the

challenges posed by various international travel restrictions during FY2021. These passenger

volume numbers are consistent with expectations as the travel industry recovers from the

coronavirus pandemic. However, as public health experts continue to discover new vaccines and

therapeutics, CBP anticipates the easing of travel restrictions in the coming year and stands ready

to facilitate the entry of legitimate travelers.

Responding to the COVID-19 Pandemic

The COVID-19 health crisis continued to severely impact travel to the United States during

FY2021. The emergence of the highly contagious Delta variant spread faster and more easily

than early forms of SARS-CoV-2, the virus that causes COVID-19. Over 166 countries reported

cases of the variant during the fiscal year. As the crisis continued to unfold, CBP saw a 25

percent decrease in traveler volume in FY2021, compared to FY2020. Despite the decrease in

passenger volume, CBP observed significant increases in inadmissible noncitizen encounters,

which rose 14 percent, while interception of dangerous drugs and illicit currency at our nation’s

ports of entry fell 4 percent and 32 percent respectively in comparison to the prior fiscal year.

CBP steadily enforced Presidential

Proclamations 9984, 9992,10143,

10199 and 10315, which temporarily

suspended the entry of certain

noncitizens into the United States

traveling from China, Iran, the

Schengen Area, United Kingdom,

Ireland, Brazil, India, South Africa,

Botswana, Eswatini, Lesotho,

Malawi, Mozambique, Namibia and

Zimbabwe along with temporary land

border restrictions with Canada and

Mexico. These actions were a direct

result of science-based data to

mitigate further international spread

of the disease.

In response to these unprecedented times, CBP prioritized the safety and security of its

workforce while maintaining legitimate global economic trade and travel. The agency also

instituted health and safety guidelines consistent with recommendations from the Centers for

Disease Control and Prevention (CDC) and the CBP Occupational Safety and Health Division

(OSH). Additionally, necessary engineering controls designed to protect CBP officers and other

personnel from unnecessary exposure to the disease were implemented.

CBP has taken every precaution to keep its workforce, their families and the American public

safe as the agency accomplishes its mission. To minimize exposure to COVID-19, the CBP

workforce is using social distancing to the maximum extent possible as well as appropriate

personal protective equipment ranging from gloves to N95 respirators, eye protection, disposable

outer garments and other gear based on infectious disease risks, job functions and job settings.

CBP has worked with stakeholders to ensure there is appropriate signage for adequate social

distancing and that hand sanitizer, mask usage and enhanced cleaning is properly utilized.

Plexiglass barriers also have been added to CBP inspection areas, where operationally feasible,

to add an extra layer of protection and to make travel as safe as possible.

Transforming and Innovating Travel

CBP has embarked on transformative initiatives to expand air, land and sea traveler technologies,

grow trusted traveler programs, implement biometrics, automate forms collection and eliminate

duplicative processes. The goal of these initiatives is to create a traveler experience that is

secure, straightforward, efficient and best-in-class.

Technology Deployments

Trusted Traveler Programs, Automated Passport Control (APC), Mobile Passport Control (MPC)

and Radio Frequency Identification (RFID) Ready Lanes at ports of entry have provided

travelers with user-friendly technology that enhances their inspection experience while

expediting the entry process.

CBP received 803,715 initial

applications and enrolled 1,707,886 new

and renewing members into one of the

four Trusted Traveler programs: Global

Entry, NEXUS, SENTRI or FAST in

FY2021. More than 9.7 million

members enjoyed the benefits of

expedited processing as a Trusted

Traveler in FY2021. Overall

membership for CBP’s Trusted Traveler

programs grew by 1.5 percent during

the fiscal year.

The majority of Trusted Travelers in FY2021, over 7.4 million, are members of CBP’s flagship

program, Global Entry. Global Entry members have access to automated kiosks at 61 U.S.

airport and 14 Preclearance locations. During FY2021, Global Entry’s membership grew by 4.1

percent. No new partner countries were added.

CBP’s Enrollment on Arrival program enables conditionally approved Global Entry applicants to

complete their interview while clearing CBP processing at one of 66 participating airports, six of

which were launched in FY2021. More than 543,000 Global Entry members have used the

Enrollment on Arrival program to complete their membership enrollment.

To address the growing volume of Global Entry travelers, CBP launched a Global Entry facial

comparison pilot program at Orlando International Airport on June 21, 2018. Facial comparison

technology has reduced the processing time at Global Entry kiosks by almost 90 percent and

was expanded to 22 additional airports during FY2021. The average Global Entry facial

comparison transaction takes less than five seconds versus 40-45 seconds at a legacy kiosk.

CBP launched three pilot programs in FY2021. An e-Gate pilot was completed at Dallas Fort

Worth International Airport (DFW) with touchless e-Gates using facial comparison technology.

A touchless kiosk pilot was launched at Los Angeles International Airport (LAX) in September

2021, using facial comparison technology. Additionally, a remote interview pilot was launched

in February 2021, allowing eligible renewing Global Entry members to complete their renewal

interview virtually using Zoom for Government video communication technology.

APC and MPC allow travelers to enter their biographic information and answer travel-related

questions needed prior to inspection —eliminating paperwork for the traveler and an

administrative task for the CBP officer. APC kiosks are available for use at 22 locations,

including most major U.S. international airports and Preclearance locations. MPC expanded to

two additional ports of entry (Salt Lake City International Airport in Salt Lake City, Utah and

Kansas City International Airport in Kansas City, Missouri) in FY2021, making the app

available to U.S. citizens and Canadian visitors at 34 U.S. ports of entry (30 airports and four

seaports). In FY2021, more than 3 million travelers used APC kiosks and approximately 1.1

million trips were processed using MPC, accounting for almost 2.8 percent of all air travelers

entering the United States.

Historically, these initiatives have resulted in higher traffic volume, faster processing and shorter

wait times for arriving travelers at the busiest U.S. international airports. However, with

pandemic travel restrictions in force, air passenger volume decreased for a second consecutive

year. A total of 44.3 million air passengers were processed at all U.S. airports, a 28.6 percent

decrease from FY2020. Additionally, average wait times increased by almost two minutes,

ending three consecutive years of declining wait times.

At land border ports of entry, nearly 32.8 million arriving travelers used ready lanes, dedicated

primary vehicle lanes at land ports of entry for travelers with RFID documents, to expedite their

entry into the United States in FY2021.

Biometric Update

CBP furthered plans in FY2021 to implement an integrated biometric entry-exit process

that provides significant benefits to travel industry partners, mitigates pathogen

transmission and meets the congressional mandate for a biometric entry-exit system. CBP

is leading efforts to streamline the travel process by providing industry stakeholders with

a secure, automated platform for identifying and matching travelers to their identities. The

technology allows CBP and its stakeholders to make quicker, more informed decisions.

CBP uses a traveler’s face as the primary way of identifying the traveler to facilitate entry

and exit from the United States, while enhancing security and protecting the privacy of all

travelers. This biometric technology transforms how travelers interact with airports,

airlines, cruise lines, CBP and other government agencies with security functions such as

the Transportation Security Administration (TSA)—creating a seamless travel process

that is both reliable and secure.

CBP is committed to its privacy obligations and has taken steps to safeguard the privacy

of all travelers.

CBP employs strong technical security safeguards and limits the amount

of personally identifiable information used in the facial biometric process. U.S. citizens

can voluntarily participate. Photos of U.S. citizens and otherwise exempt noncitizens used

for biometric matching purposes are held in secure CBP systems until identity verification

is complete, but for no more than 12 hours, and are then deleted. If a traveler cannot be

matched by the facial comparison service, the individual must present his or her travel

documents to a CBP officer or airline representative for manual inspection.

CBP biometrically processed more than 48 million travelers using biometric facial

comparison technology across entry, exit and Preclearance locations with a match rate of

more than 97 percent during FY2021. To ensure higher accuracy rates and efficient

For additional information on CBP’s privacy protection efforts, see the Traveler Verification Service Privacy

Impact Assessment, available at: https://www.dhs.gov/publication/dhscbppia-056-traveler-verfication-service.

traveler processing, CBP compares traveler photos to a very small gallery of high-quality

images that those travelers have already provided to the U.S. government such as passport

and visa photos. CBP uses a facial comparison algorithm, which shows virtually no

measurable differential performance in results based on demographic factors. CBP

continually evaluates the performance of this algorithm and is partnering with the

National Institute of Standards and Technology (NIST) to further enhance biometric facial

comparison technology.

CBP recognized the health and safety benefits of a touchless biometric identification

service and, in FY2021, accelerated its deployment of Simplified Arrival to ensure

maximum utilization. Simplified Arrival is an enhanced international arrival process that

quickly and reliably verifies a traveler’s identity biometrically and retrieves traveler

records from CBP systems using the traveler’s face. This eliminates time-consuming steps

for most travelers such as document scans and repeat fingerprint captures, resulting in a

more efficient inspection process. This efficient inspection process allows for shorter

connection times and standardized arrival procedures as well as reduced risk of pathogen

transmission. To date, CBP has deployed Simplified Arrival to 199 airports, including 14

Preclearance locations.

CBP’s biometric facial comparison technology can have a direct, positive impact on the

travel industry’s ability to restore consumer confidence that travel is safe. Using biometric

technology, air and sea partners can replace check-in, security and boarding processes that

involve long lines, heavy personal interaction and the handling of travel documents.

Facial biometric technology encourages contactless travel that involves minimal physical

contact, which increases the safety of travelers, CBP officers and port personnel. In

FY2021, CBP and its partners operated biometric exit technical solutions at 32 airports.

In addition to streamlining travel and restoring consumer confidence, the use of facial

biometrics protects the identity of travelers and adds another layer of security. Biometrics

have proven to be an effective tool in combatting the use of stolen and fraudulently

presented travel and identity documents. Since the program’s inception in 2018, CBP

officers at U.S. airports have successfully intercepted 46 impostors who were denied

admission to the United States and identified 916 imposters on arrival in the land

pedestrian environment. Additionally, since June 2017, CBP has biometrically confirmed

over 100,000 overstays.

Furthermore, CBP and TSA continued to evaluate the use of biometric facial comparison

technology for identity verification in FY2021. The overall goal of the partnership is to

enhance security and the use of resources while moving towards an end-to-end seamless

travel experience. By leveraging CBP’s biometric facial comparison technology and

TSA’s Secure Flight indicator, a passenger pre-screening program, the agencies have

streamlined TSA’s security process. During the week of March 1, 2021, CBP and TSA

launched the biometric facial comparison technology at Detroit Metropolitan Wayne

See CBP’s biometric website, a vailable at: https://biometrics.cbp.gov/.

County Airport (DTW) for domestic and international travelers. TSA and CBP are

currently developing the rollout schedule for expansion to additional sites.

In addition to the air environment, CBP is piloting biometric capabilities at the land

border in both the pedestrian and vehicle environments and in partnership with the cruise

line industry in the sea environment. During FY2021, nearly 15 million pedestrian

travelers were processed at 71 crossing locations. In September 2021, CBP launched a

Simplified Arrival-Vehicle pilot in Anzalduas, Texas, to begin evaluating the use of facial

biometrics to process travelers in passenger vehicles. The evaluation is ongoing.

Similarly, in the sea environment, in FY2021, over 400,000 travelers were processed at

seven seaports. In 2021, eight major cruise lines and one ferry operator were engaged

with CBP to develop facial biometric processing for closed-loop voyages.

Preclearance

More than 2.9 million air travelers, representing over 6.5 percent of all commercial air travel to

the United States, were precleared at one of CBP’s 15 air Preclearance locations in Canada,

Ireland, the Caribbean (Aruba, The Bahamas, Bermuda) and the United Arab Emirates in

FY2021. Through Preclearance, travelers undergo CBP immigration, customs and agriculture

inspections before boarding a flight to the United States at a foreign airport rather than upon

arrival in the United States. In addition to pre-clearing air travelers, Preclearance inspected 505

passengers traveling via cruise ship, ferry, or train through immigration pre-inspection operations

in Vancouver and Victoria, Canada.

Public-Private Partnerships

CBP selected 27 new private and public sector partners for participation in the Reimbursable

Services Program in FY2021, providing the opportunity for the stakeholders to request increased

or enhanced inspection services. Through the end of FY2021, CBP had expanded the

Reimbursable Services Program to 254 stakeholders, covering 181 ports of entry in 20 field

offices. These services include customs, immigration, agriculture processing and border security

at the ports of entry. CBP provided nearly 83,000 additional processing hours at the request of

stakeholders in FY2021—accounting for the processing of more than 550,000 travelers and over

250,000 cargo inspections. There were no recorded personal or commercial vehicles processed

during FY2021.

Process Improvements

CBP’s Traveler Communications Center, a 24/7 resource for formal and informal public

inquiries related to CBP’s Admissibility and Passenger Programs, served a record number

of travelers in FY2021. Due to the COVID-19 pandemic, CBP received a significant spike

in inquiries related to arrival and departure information and CBP’s Trusted Traveler

programs. The Traveler Communications Center, established in October 2017, was

designed to improve the traveler experience by providing timely information, accurate

responses to common questions, application assistance, troubleshooting and other

guidance for travelers using the Electronic System for Travel Authorization (ESTA), the

Electronic Visa Update System (EVUS), the Arrival and Departure Information System

(ADIS), I-94 arrival and departure forms and CBP’s Trusted Traveler programs.

During FY2021, the Traveler Communication Center responded to 38,929 ADIS program

calls, a slight decrease in calls from the previous fiscal year. Conversely, the center

responded to a significant increase in calls for CBP’s Trusted Traveler programs, which

received 289,321 inquiries compared to 185,377 calls the previous year. CBP’s Trusted

Traveler programs also received an increase in inquiries regarding COVID-19, responding

to 60,744 COVID-related calls in FY2021, compared to 48,377 calls in FY2020. CBP’s

other travel programs all saw a reduction in the number of calls received over the previous

year including 20,387 EVUS inquiries, 49,973 ESTA inquiries and 3,653 Imminent

Travel calls for last minute information about the status of traveler applications.

Agriculture

CBP agriculture specialists, with their extensive training and expertise in biological

sciences and agriculture inspection, conducted approximately 624,706 interceptions of

prohibited plant materials and either meat or animal byproducts at U.S. ports of entry

during FY2021, while submitting 26,748 pest detections.

In addition, a cadre of biological subject matter experts who are part of CBP’s BioThreat

Exclusion program, created in FY2020, continued to recognize and prevent potentially

harmful biological agents from entering the United States. These experts are single points

of contact that aid CBP in combatting this growing threat by providing oversight and

guidance on field encounters of biological interdictions; internal and external training; and

outreach to the trade community, research institutions and academic partners. For

FY2021, CBP tallied 216 significant encounters of reported biological material.

III. Trade Facilitation and Enforcement

CBP remains the agency that collects the second largest amount of revenue for the federal

government and is committed to its dual role of trade facilitation and revenue protection. Our

trade operations are focused on creating a level playing field for American businesses, protecting

consumers and reducing trade costs. The work we do to accomplish our trade mission fosters

economic prosperity through innovative solutions and technology, which support an intelligence

and risk-based enforcement approach. CBP maintains this central focus while enforcing nearly

500 U.S. trade laws and regulations on behalf of 49 partner government agencies. Strong

partnerships, collaboration with public and private stakeholders and trade laws provide the

critical framework required for the agency to confront the unique and unprecedented challenges

presented by the COVID-19 pandemic and an ever-evolving trade landscape.

Responding to the COVID-19 Pandemic

COVID-19

CBP saw a dramatic increase in trade volume during FY2021. Despite the disruptive effects of

the COVID-19 pandemic on global supply chains, entry summary volume increased by

13 percent compared to FY2020. The volume and value of shipments entering the United States

were not only higher than the previous year, they also surpassed pre-pandemic levels, continuing

a trend of steadily increasing volume that was temporarily interrupted by the health crisis.

While CBP ramped up its efforts to accommodate the increased trade flow and facilitate the

movement of critical medical and health supplies, illicit actors worldwide attempted to make a

profit from illegally imported goods. In FY2021, CBP continued to target and seize illegal

imports of counterfeit, unapproved, or otherwise substandard COVID-19 related products that

threatened the health and safety of American consumers. These seizures included 38,154 Food

and Drug Administration-prohibited COVID-19 test kits in 53 incidents, over 35 million

counterfeit face masks in 670 incidents and 8,677 Food and Drug Administration-prohibited

hydroxychloroquine tablets in 59 incidents. Fifty-three percent of the seizures occurred in the

express consignment environment, 18 percent were discovered in incoming mail and roughly 31

percent originated in China. CBP also collaborated with partner government agencies to

expedite medical supplies and personal protective equipment through the customs clearance

process, while working to identify and intercept fraudulent, unapproved, or otherwise

substandard material.

In addition, CBP’s COVID-19 Cargo Resolution Team (CCRT), comprised of a network of

subject matter experts from across the agency, continued to help fulfill a range of mission needs.

The CCRT triaged incoming requests from importers and customers; coordinated with federal,

state and local government agencies; facilitated inbound shipments through ports of entry;

expedited importation of critical medical supplies; and responded directly to inquiries about the

importation of personal protective equipment, COVID-19 test kits, ventilators and other medical

supplies. In FY2021, the CCRT responded to 939 questions from the trade community and

facilitated clearance of 788 Operation Warp Speed shipments filled with critical medical supplies

from legitimate vendors and international donors. Operation Warp Speed, launched in May 2020,

was a public-private partnership initiated by the U.S. government to facilitate and accelerate the

development, manufacturing and distribution of COVID-19 vaccines, therapeutics and

diagnostics.

Protecting America’s Domestic Industries from Unfair Competition

FY2021 Revenue and Trade Remedies

CBP processed $2.8 trillion in imports in FY2021, equating to 36.9 million entries and more

than 32.7 million imported cargo containers at U.S. ports of entry. Overall, CBP collected

approximately $93.8 billion in duties, taxes and other fees on behalf of the U.S. government in

FY2021. These numbers represent a significant increase in trade volume and value over a five-

year period. Despite the pandemic, CBP

collected $85.5 billion in duties, a 14.9

percent increase over FY2020 and a 143

percent increase over the past five fiscal

years.

Much of the increase in duty collections

in FY2021 is attributed to the ongoing

assessment and collection of duties on

steel, aluminum, washing machines,

washing machine parts, solar panels and

goods from China. These duties as well as

certain quotas on steel and aluminum

imports were instituted during FY2018, pursuant to Sections 201 and 301 of the Trade Act of

1974 and Section 232 of the Trade Expansion Act of 1962.

CBP continued to play a key role in administering these additional duties and quotas and worked

closely with representatives from the Department of Commerce and the United States Trade

Representative, among others, to provide technical guidance on the implementation and ongoing

administration of the new remedies. As a result, CBP assessed more than $955 million in Section

201 duties, $445 million in Section 232 aluminum duties and nearly $1.6 billion in Section 232

steel duties in FY2021. For Section 301 goods from China, CBP assessed more than $44 billion

in duties during FY2021, a 29 percent increase over the previous year. CBP updates these

assessments on a weekly basis on www.cbp.gov.

CBP’s Office of Trade established a trade remedies branch in FY2018 to oversee implementation

and administration of the remedies. In FY2021, the branch implemented 15 Federal Register

Notices and two Presidential Proclamations related to the remedies and coordinated 23 sets of

detailed import instructions for trade stakeholders via CBP’s Cargo Systems Messaging Service

communications system.

CBP continues to play a significant role in the exclusion process for Section 232 and 301 duties.

For Section 232 duties, eligible companies can petition the Department of Commerce for

exclusion from the duties. Throughout the process, the Department of Commerce seeks CBP’s

determination as to whether the tariff classification provided by a requestor is consistent with the

description of the merchandise for which an exclusion is sought. This allows CBP to properly

apply a granted exclusion when the merchandise is imported and the entry is filed. Since the

inception of the exclusions, CBP has processed over 270,000 Section 232 product exclusions

granted by the Department of Commerce.

From October 1, 2020 to September 30, 2021, CBP completed 109,400 timely administrability

reviews from requests for exclusion from steel and aluminum Section 232 tariffs. The portal

received an average of 2,170 requests per week and CBP processed an average of 305 requests

per day, most within hours of receipt.

Revenue Protection –Antidumping/Countervailing Duty Enforcement

CBP is committed to rigorous and judicious enforcement of all U.S. trade laws. This includes

collecting antidumping and countervailing duties (AD/CVD) that result from orders issued by the

Department of Commerce, allowing American companies to compete fairly in the global

economy. AD/CVD ensure that U.S. entities are not harmed by anti-competitive behavior.

In FY2021, $30.2 billion of imported goods were subject to AD/CVD. CBP assessed

approximately $2.4 billion in AD/CVD deposits and levied monetary penalties totaling over $43

million on importers for fraud, gross negligence and negligence of AD/CVD requirements. CBP

entry summary reviews during FY2021 also resulted in recovery of over $75 million in

AD/CVD duties owed. Additionally, CBP’s audit services identified more than $568 million in

AD/CVD discrepancies, with $6.3 million collected by the end of FY2021. Finally, during

FY2021, CBP and U.S. Immigration and Customs Enforcement (ICE) seized shipments with a

domestic value of more than $10.6 million for AD/CVD violations.

CBP enforced 96 new AD/CVD orders during FY2021, a 17.7 percent increase over the number

of orders in place the previous year. At the end of FY2021, 634 AD/CVD orders were in effect

compared to 540 orders at the conclusion of FY2020.

When combatting AD/CVD evasion, CBP takes an agency-wide approach to enforcement,

working in partnership with the trade community and other government agencies. CBP employs

multiple methods of targeting AD/CVD evasion through internal mechanisms at the ports of

entry, industry-specific Centers of Excellence and Expertise where post-release activities are

processed and on a national level at CBP’s National Targeting Center.

In addition to self-initiated targeting, CBP also responds to allegations received from industry

and partner government agencies. CBP received 125 e-Allegations concerning the evasion of

AD/CVD orders in FY2021. CBP received the majority of these allegations via the e-Allegations

online trade violations reporting system; however, some of the allegations originated from

interagency referrals. CBP trade specialists and subject matter experts research and review each

allegation carefully to determine the validity of the allegation in terms of trade law violations and

take appropriate enforcement actions.

Enforce and Protect Act

The Enforce and Protect Act (EAPA) program remains a very successful approach to

investigating large-scale, highly coordinated duty evasion schemes. Through EAPA, CBP

established formal procedures for members of the trade community to submit allegations of duty

evasion. CBP then investigates the allegations of evasion of AD/CVD orders against U.S.

importers. In FY2021, CBP implemented EAPA enforcement actions that prevented importers

from evading over $375 million in duties owed to the U.S. government. CBP officially received

54 new allegations under EAPA from interested parties, initiated 48 EAPA investigations and

took interim measures in 41 EAPA investigations to protect revenue owed to the U.S.

government. In FY2021, CBP issued final determinations of evasion for 44 investigations, a 47

percent increase from FY2020.

As required by statute, CBP also issued nine administrative review determinations, providing de

novo review of EAPA investigation determinations in FY2021.

In support of the EAPA investigations, CBP conducted five foreign on-site visits or verifications

in Cambodia, Vietnam, Singapore and the Dominican Republic during FY2021. From EAPA’s

inception, CBP has met every statutory deadline for all EAPA investigations, even rendering

decisions on interim measures in some cases ahead of required deadlines. EAPA investigations

cover a wide range of commodities including diamond sawblades, steel and steel pipe products,

aluminum extrusions, quartz surface products, plywood, glycine, steel wire garment hangers,

xanthan gum, wooden bedroom furniture, wooden cabinets and vanities and light-weight thermal

paper.

Trade Agreements

FY2021 was the first full fiscal year that the United States-Mexico-Canada Agreement

(USMCA) was enforced. CBP worked closely with the U.S. Department of the Treasury, U.S.

Department of Labor, U.S. Department of Commerce and the U.S. Trade Representative to

ensure a comprehensive and smooth implementation. More than $543 billion of U.S. imported

products claimed USMCA preferential treatment in FY2021. The top two industries by value

were automotive and agriculture.

CBP collaborated with the U.S. Department of Labor’s Wage and Hour Division to implement

USMCA’s labor value content requirement for automotive rules of origin during FY2021.

Because of this requirement, USMCA is the first U.S. trade agreement to require a partner

government agency to participate in the assessment of preferential treatment claims. CBP formed

a USMCA working group within the Commercial Customs Operations Advisory Committee

(COAC) to collaborate directly with the private sector on the continuing implementation of the

USMCA, including its impacts on the entry process, compliance requirements and CBP’s new

enforcement capabilities. To ensure the most current information was available, CBP conducted

33 external stakeholder engagements, held 23 training sessions, produced six informational

videos and issued 10 new or updated guidance materials to CBP personnel and the trade

community.

CBP also continued to work toward implementing the forced labor component of the USMCA,

which pertains to labor conditions in international trade. The agreement requires that all parties

prohibit the importation of goods sourced from forced labor and that the countries involved

coordinate their forced labor-related capacity building and enforcement efforts. The U.S.

prohibition on the importation of goods made with forced labor was in effect before the inception

of USMCA, but now, with the agreement, CBP actively works with the governments of Canada

and Mexico to implement the prohibition on forced labor and violative goods from entering these

neighboring countries as required by the agreement.

Additionally, during FY2021, CBP participated as a member of the Interagency Environment

Committee for Monitoring Enforcement, a collaborative body of 11 government agencies that

support USMCA environmental provisions. The committee leverages environmental authorities

such as the Lacey Act, the Convention on International Trade in Endangered Species of Wild

Fauna and Flora and the Endangered Species Act of 1973 to ensure plant and animal products

entering the United States, Mexico and Canada, are produced, harvested and sold sustainably.

Centers of Excellence and Expertise

CBP consistently applies risk-based methodologies to protect U.S. revenue and identify those

who try to evade U.S. trade laws. In FY2021, all 10 Centers of Excellence and Expertise

(Centers) processed post-release trade activities on an account and industry-wide basis and

targeted evasive and unfair trade practices. The Centers are the operational entity responsible for

identifying, assessing and prioritizing risks within their respective industries with a focus on

CBP’s priority trade issues. The Centers also administer the collection of trade remedies as well

as lead and carry out operations to detect and deter unlawful trade activities.

Trade Community Outreach

Private sector collaboration is a CBP priority. Today’s ever-evolving trade landscape is far too

dynamic to be managed by CBP alone. We depend on private sector partners to provide support,

expertise and feedback to help us facilitate, enforce, pursue, develop and implement policies to

preserve U.S. economic security. CBP cannot realize its vision of a fast, secure, data-driven 21st

century trade environment without the invaluable collaboration and support of the trade

community.

CBP builds and maintains partnerships with the trade community, using every opportunity to

obtain industry knowledge and expertise to ensure facilitation of legitimate international trade. In

FY2021, CBP conducted over 135 outreach events with U.S. manufacturers, importers and other

members of the trade community to increase awareness of critical trade-related issues such as

forced labor, intellectual property rights, import safety and the implementation of free trade

agreements such as USMCA.

CBP hosted the agency’s second Virtual Trade Week in July 2021, which drew nearly 3,000

industry and government attendees. The event featured a series of panel discussions designed to

educate the trade community and to keep industry engaged during the COVID-19 pandemic.

Forced Labor

As a result of CBP’s groundbreaking efforts, the agency has emerged as a global leader in forced

labor enforcement, winning the Samuel J. Heyman Service to America Medals People’s Choice

Award in FY2021. CBP’s actions send a clear, consistent message to the international trade

community: The U.S. government will not tolerate forced labor in American supply chains.

Over the past five years, exercising the authorities provided by the Tariff Act of 1930, as

amended by the Trade Facilitation and Trade Enforcement Act of 2015, CBP has developed a

robust civil investigative program to identify and prevent goods made by forced labor from

entering the United States. Both laws prohibit the importation of goods into the United States

that are mined, manufactured, or produced wholly or in part from forced labor, including forced

child labor.

As part of its authorities, CBP can detain and exclude goods produced with forced labor by

issuing withhold release orders (WRO) at the ports of entry if information reasonably, but not

conclusively, indicates that merchandise is made with forced labor and is being or likely to be

imported. CBP also can seize goods by issuing findings if there is probable cause the

merchandise is made with forced labor.

CBP enforced 49 active withhold release orders and seven active findings in FY2021. Seven of

these WROs and two of the findings were issued as new during the fiscal year. While CBP

issued fewer WROs in FY2021 than in FY2020, the WROs that were issued in FY2021 were

more complex and impactful. The estimated value of shipments detained pursuant to WROs and

seized pursuant to findings rose from just under $50 million in FY2020 to over $485 million in

FY2021. The WROs and findings issued by CBP in FY2021 targeted a wide array of products

ranging from disposable gloves and cotton products to seafood and palm oil. Most of these

products originated in China; however, a significant number came from Malaysia.

CBP’s aggressive enforcement actions also resulted in four separate producers taking corrective

measures to remediate indicators of f orced labor, improving both working and living conditions

for thousands of workers in addition to repaying more than $30 million in recruitment fees that

trapped workers in debt bondage. After the producers demonstrated remediation of all of the

identified forced labor indicators, CBP modified three WROs and one finding, which allowed the

producers to resume exporting their products to the United States. The producers include a

tobacco company in Malawi, a bone black (also referred to as bone char or bone charcoal)

manufacturer in Brazil, a hand-knotted wool carpet manufacturer in Nepal and a disposable

glove company in Malaysia.

CBP has worked extensively to develop relationships with civil society organizations, the media,

private sector businesses and other government agencies to gather timely information on forced

labor in global supply chains and to educate the trade community on U.S. compliance standards.

As part of these efforts, during FY2021, CBP hosted, facilitated and participated in numerous

seminars, conferences and meetings to inform interested stakeholders of CBP’s authorities and

answer questions. In June 2021, CBP hosted a forced labor enforcement industry event where

private sector vendors presented tools and technologies for tracing the origin of raw materials

and providing supply chain transparency. Throughout FY2021, CBP also continued to host

quarterly civil society roundtable discussions where civil society and nongovernmental

organizations as well as other external entities involved in combatting forced labor have an

opportunity to learn about the agency’s forced labor enforcement efforts and provide feedback.

In addition, CBP leads the Forced Labor Interagency Working Group, which brings together

several different agencies to address issues of forced labor around the world.

Protecting Americans from Counterfeit and Unsafe Imports

E-commerce Strategy

E-commerce continues to grow

exponentially as more consumers

are increasingly completing

purchases online. These

purchases typically ship through

international mail and express

courier services. The total

volume of de minimis shipments

(shipments valued at $800 or

less) increased across all modes

of transportation from FY2020 to

FY2021. The largest increase occurred in the air environment, where de minimis shipments rose

by approximately 23 percent with over 660 million shipments in FY2021. During the previous

year, CBP saw a significant decrease in imports in the air environment, resulting from the

COVID-19 pandemic. The substantial increase in FY2021 indicates that air shipment volumes

returned to pre-pandemic levels. Adversaries seek to exploit this volume, threatening U.S.

economic interests with risks in the form of intellectual property rights (IPR) infringement as

well as safety risks from poor quality and untested consumer products. In FY2021, 89 percent of

IPR seizures were found in express and international mail shipments.

In addition to the exponential growth in small package volume and the associated risks, this

growth has created a paradigm shift in the traditional roles and responsibilities associated with

importing into the United States. Traditional supply chain roles within the e-commerce industry

are evolving to meet consumer demand with some sales platforms now acting as logistics

providers, marketing platforms handling e-payments and start-ups racing to meet consumer

demand. This shift also has led to the creation of a new class of importers—everyday consumers

who are unfamiliar with trade laws and requirements. Consumers now initiate most imports,

presenting CBP with additional challenges.

To address these challenges, CBP launched the Section 321 Data Pilot in which CBP and

voluntary participants from the trade community are collaborating to secure e-commerce supply

chains to protect American consumers. “Section 321” refers to the section of the Tariff Act of

1930 as amended (19 U.S.C. § 1321), which provides for an administrative exemption that

allows merchandise not exceeding $800 to enter free of duty or taxes. The purpose of the pilot is

to improve CBP’s ability to identify and target high-risk e-commerce shipments including

narcotics, weapons and products posing a danger to the public’s health and safety. In January

2020, the first nine pilot participants—Amazon, eBay, Zulily, FedEx, UPS, DHL, technology

firm PreClear, as well as logistics providers XB Fulfillment and BoxC Logistics—were selected.

The pilot also was expanded to allow for ocean and international mail shipments. In August

2021, CBP extended the current pilot programs through August 2023 for further evaluation.

CBP also has been conducting the Entry Type 86 test, which is another voluntary test related to

Section 321 de minimis entry processing. The Entry Type 86 pilot enables customs brokers and

self-filers to electronically submit de minimis entries via the Automated Broker Interface,

including those subject to data requirements of partner government agencies for clearance.

Launched in August 2019, the Entry Type 86 test provides an automated release mechanism and

visibility into the contents of de minimis shipments.

CBP received over 500 million filings from these two programs during FY2021. The key

findings include:

• Significant reduction of manual processing and allowing for same-day clearances

(compared with 6-8 day wait times).

• Approximately $2 billion in time and cost savings associated with Entry Type 86

electronic clearances.

• Quicker, more accurate risk assessment and adjudication for CBP.

• Fewer CBP holds because Section 321 Data Pilot participants provide seller information,

product pictures and other transactional details.

Intellectual Property Rights Enforcement

Trade in counterfeit and pirated goods threatens America’s innovation, the competitiveness of

our businesses, the livelihoods of U.S. workers and, in some cases, the health and safety of

consumers and U.S. national security. CBP is on the frontline of Intellectual Property Rights

enforcement, partnering with industry, other federal agencies and foreign governments to fight

cross-border trade of harmful and dangerous illicit goods.

When rights holders record their federally registered trademarks and copyrights with CBP, the

agency can enforce those rights to protect them at the border. As of September 30, 2021, CBP

was enforcing 20,758 active recorded copyrights and trademarks. In FY2021, CBP seized 27,107

shipments with IPR violations. If the seized products were genuine, the total manufacturer’s

suggested retail price (MSRP) of the items would have been valued at over $3.3 billion. This

represents a 152 percent increase compared to FY2020, when goods valued at $1.31 billion

MSRP were seized for IPR violations. A return to pre-pandemic trading levels and an overall

increase in the number of CBP seizures of counterfeit products account for the significant rise in

MSRP.

CBP received and responded to 711 inquiries from the field concerning IPR enforcement in

FY 2021. This represents a 57 percent increase from FY2020. At the end of FY2021, CBP was

administering 128 active exclusion orders issued by the U.S. International Trade Commission

following investigations of unfair import practices in the importation of articles into the United

Sates in violation of 19 U.S.C. § 1337, the majority of which are based on allegations of patent

infringement.

Additionally, in May 2021, CBP signed a memorandum of understanding with the U.S. Chamber

of Commerce on information sharing to enhance intellectual property rights enforcement. The

joint initiative established a first-of-its-kind framework for public-private collaboration on

combating counterfeit and pirated goods.

Commercial Targeting and Analysis Center (CTAC) – Safety in Numbers

The Commercial Targeting and Analysis Center (CTAC), led by CBP, is comprised of multiple,

co-located partner government agencies responsible for targeting and intercepting commercial

shipments that pose a threat to the health and safety of Americans. The CTAC facilitates

information sharing and leverages the collective resources of participating government agencies

to prevent, deter, interdict and investigate violations of U.S. import and export laws. A total of

12 federal agencies have signed memorandum of understanding agreements to be able to share

targeting information as part of CTAC. During FY2021, CTAC facilitated efforts that led to

12,853 seizures of products posing health and safety risks to the American public. The total

domestic value of these import safety seizures was over $207 million. Additionally, during

FY2021, CTAC activities resulted in 531 seizures because of wildlife trafficking violations with

a total domestic value of $991,540.

Modernizing Trade Systems

eCERT

For many types of commodities, an endorsement by a foreign government or its representative is

required to signify shipments are authorized for export to the United States. This endorsement

often is in the form of an export certificate, certificate of eligibility, or a license that describes the

type and quantity of merchandise contained in the shipment, certifies the country of origin and

authorizes the shipment to be charged against any applicable quota.

CBP developed the Electronic Certification System, or eCERT, to allow participating foreign

countries to transmit export license/certificate data electronically. The system electronically

transmits the required export document information, facilitating the administration of quotas and

ensuring adherence to certificate limits and expiration. eCert enables CBP to process certificate

identification data instantaneously and secure transmissions, protecting certificate confidentially.

The system also provides a barrier to prevent the introduction of fraudulent certificates and

improves quota compliance and enforcement. In FY2021, eCERT was successfully used to

process goods from Uruguay and Mexico.

Customs Broker License Exam

In an effort to modernize the national Customs Broker License Exam (CBLE), CBP created a

pilot to test customs broker applicants remotely. The remote exam, which was offered in April

and October 2021 to a limited number of participants, provided an avenue for individuals to take

the Customs Broker License Exam during the COVID health crisis in a secure, safe environment.

Automated Commercial Environment (ACE) – Update

The Automated Commercial Environment, or ACE, CBP’s cargo processing system, continues to

be a tremendous benefit for international trade. Through ACE, CBP applies expertise,

technology and automation to create streamlined and efficient processes that facilitate safe and

legitimate trade and collaborate with private and public partners to target bad actors who seek to

circumvent U.S. trade laws.

ACE’s automation and process simplification efforts resulted in increased economic benefits for

both CBP and the trade community over the past fiscal year. During FY2021, ACE’s streamlined

processes saved the trade community $2.25 billion, a 61 percent increase over FY2020. This

significant increase can be attributed primarily to the trade community’s expanded use of the

Section 321 and Entry Type 86 processes, which provide more efficient, less complicated entry

and release procedures for low-value shipments. Similarly, the ACE system saved CBP $720.1

million, a 101 percent increase from FY2020. This increase is also primarily due to the increase

in Entry Type 86 volume. Furthermore, the ACE system reduced processing times by 795,000

hours for the trade community in five processes and 10.5 million hours for CBP in 17 processes,

enabling CBP to divert resources to other priorities.

The FY2021 budget did not include ACE enhancement funds as it has in previous years.

Approximately $7 million in carry-over funds were used to continue supporting enhancements.

The enhancements, which have been identified and prioritized in collaboration with the trade

community and partner government agency stakeholders, improve and strengthen the system in a

number of ways—including improving collections in ACE, expanding data provided to sureties

and surety agents in real time, updating the entry summary user interface to include flags for

entries either under EAPA investigation or subject to court injunction and aligning drawback

processing in ACE with requirements.

Improvements to collections in ACE were funded in FY2021 with $5.5 million from the U.S.

General Services Administration’s Technology Modernization Fund, in addition to $9.5 million

awarded from the fund in FY2020. These and other funds supported the continued development

and deployment of the ACE Collections Module. During FY2021, CBP deployed Release 2 and

Release 3 of ACE Collections. Release 2 introduced automated posting of financial transactions

for CBP Office of Finance employees. Release 3 consolidated importers’ deferred tax statements

and group entries onto one statement. It also provided additional electronic payment methods for

trade users via the Automated Broker Interface and added the ability to view deferred tax bills in

ACE reports.

Next Generation Technology

During FY2021, CBP worked closely with the private sector and other Department of Homeland

Security components to explore advanced technologies that will provide a safer supply chain

experience. These technologies include centralized ledger, distributed ledger and blockchain,

which is a subset of distributed ledger that provides a secure, tamperproof, and permanent record

of transactions. CBP believes these advanced technologies have the potential to become a major

component of global supply chains and substantially impact how goods enter the United States.

CBP is also considering the use of blockchain for intergovernmental communications.

After several years of evaluating blockchain, CBP shifted its focus in FY2021 to an

interoperability approach that will enable members of the trade community to communicate with

the government using a variety of technologies. CBP has joined forces with the DHS Science and

Technology Directorate to bring interoperability to the world stage. Both the trade community

and the government will benefit from this effort, which will ultimately lead to royalty-free

standards. Interoperability also will provide businesses with the flexibility of choosing the most

efficient way to exchange data with CBP and potentially any system in the world. Furthermore,

interoperability will lead CBP into the next generation of modernized systems, allowing the

agency to receive and transmit data between traditional and non-traditional trade entities in near

real-time. This will generate better quality data much earlier in the supply chain process. Better

quality data will enable the government to make earlier determinations and share the responses

of those decisions with the trade community.

CBP is currently working on five projects that demonstrate distributed ledger and blockchain

technologies including steel, natural gas, oil, food safety and e-commerce. Each project has four

phases that last six to nine months. Through the Silicon Valley Innovation Program, which works

with private sector partners to advance homeland security solutions, CBP is trying to obtain pre-

arrival/pre-release data for steel and pipeline commodity imports. Technical demonstrations are

planned for 2023 and 2024 to achieve five objectives before going into production the following

year. These objectives include developing fully digital transactions, introducing interoperability

standards, receiving data earlier in the pre-arrival/pre-release process, increasing supply chain

transparency and enhancing entity identification.

Facilitation and Enforcement of Cargo

Non-Intrusive Inspection Technology

CBP law enforcement personnel use non-intrusive inspection systems (NII) and radiation

detection equipment to effectively and efficiently inspect conveyances and vehicles for the

presence of contraband and illicit radiological materials. The average NII examination of a cargo

container takes approximately 8 minutes, while a physical inspection takes 120 minutes on

average. The time saved using NII and radiation detection equipment saves CBP $1 billion in

annual operations and saves industry $5.8 billion to $17.5 billion in costs due to delays.

CBP officers used over 350 large-

scale NII systems at land and sea

ports of entry in FY2021to perform

approximately 7.8 million

examinations, which led to

interdicting more than 189,000

pounds of narcotics; seizing $5.45

million of undeclared U.S. currency;

and identifying over 800 undeclared

passengers through anomalies within

NII images.

CBP procured and deployed NII systems throughout FY2021 to increase commercial cargo and

vehicle scanning capacity at land ports of entry. Two contracts for drive-through NII systems

were awarded to increase scanning at the Southwest border land ports of entry. CBP will initiate

design and construction work in FY2022 and anticipates full deployment of these systems by

calendar year FY2024. After the deployment is completed, commercial cargo scanning is

projected to increase from 15 percent to more than 90 percent. Similarly, vehicle scanning is

expected to increase from one percent to approximately 40 percent where the systems are

deployed.

In the rail environment, CBP initiated design and construction to deploy high-energy rail

inspection systems at 12 locations. These systems are expected to be fully deployed by FY2023.

Additionally, in FY2021, CBP began to assess standoff detection technology

f or rapid screening

at a distance to address a limited scanning gap in the pedestrian environment at two land ports of

entry on the Southwest border. CBP’s goal is to use the passive technology during pedestrian

processing to enhance officers and agents’ situational awareness and to help identify potential

weapons or dangerous objects concealed on pedestrians’ bodies. The assessments will continue

in FY2022 and if the technology and concept of operations are deemed feasible, the technology

will remain in the operating environment. CBP also will begin deploying the standoff technology

at other suitable locations.

Unified Cargo Processing

CBP opened three additional unified cargo processing centers in Texas at the Hidalgo, Eagle

Pass and Brownsville ports of entry on the U.S.-Mexico border during FY2021. An innovative

concept, unified cargo processing was initiated by CBP and Mexico’s Tax Administration

Service (SAT) in 2016 to conduct joint cargo inspections at the facilities of the importing or

exporting country. The joint inspections enhance national security and streamline the supply

chain, resulting in a 50 percent or greater reduction of border wait times. Users also report a

significant reduction in transit inventory costs. Currently unified cargo processing is operational

at 12 U.S. commercial ports of entry along the southern border.

CBP Priva cy Impact Assessment, DHS Reference No. DHS/CBP/PIA-017(a). Da ted, October 5, 2021.

International Mail

CBP completed a $45 million expenditure in FY2021 allocated for critical infrastructure and

technology investments to modernize CBP’s inspection areas at international mail facilities

across the United States. The contract was awarded for the purchase of mail sorting and

singulation technology for the John F. Kennedy International Airport, where more than 60

percent of international mail arrives in the United States. This technology will be linked to state-

of-the-art non-intrusive inspection equipment that will increase the volume and speed of mail

inspected as well as improve the rate at which CBP is able to detect, hold and seize suspicious

mail. CBP also funded the building of additional on-site laboratories to help with secondary

examinations at the international mail facilities. Both of these efforts support new enforcement

capabilities that will increase mail processing efficiency and security. CBP screens mail at seven

international mail facilities in the United States to look for smuggled and prohibited goods,

intellectual property violations and assist partner government agencies in enforcing laws and

regulations.

Opioid Detection Challenge

CBP and the DHS Science and Technology Directorate, along with the U.S. Postal Inspection

Service and the Office of National Drug Control Policy, launched the Opioid Detection

Challenge in February 2019 as part of a comprehensive government effort to stop the flow of

illicit drugs coming into the United States and address the opioid addiction crisis.

The Opioid Detection Challenge, a multistage, open innovation competition, ran from February

to December 2019 and awarded $1.55 million in cash prizes. The Challenge called upon

innovators to submit novel plans for rapid, nonintrusive detection tools that will help find illicit

opioids sent through the international mail or express environments. In stage one, a review panel

assessed 83 submissions and selected eight finalist teams. Each of the finalists was awarded

$100,000. In stage two, the eight finalist teams developed functional prototypes that were

prepared for government testing. A major goal of the competition was to create a system that

could detect and identify narcotics within a package before a CBP officer opens it.

The grand-prize winner of the competition, Integrated Defense & Security Solutions (IDSS), was

awarded $500,000 in December 2019 for creating a scanner and algorithms for automatic opioid

detection. The runner-up, who designed a non-imaging concealed drug detector, was awarded

$250,000. During FY2021, CBP procured and deployed IDSS’s winning technology at several

U.S. ports of entry where it has already proven to be successful in the interdiction of concealed

narcotics in small packages.

Donations Acceptance Program

CBP approved three new partnerships under the Donations Acceptance Program in FY2021. The

program, established in FY2015, legally allows CBP to work with border community and trade

stakeholders to help equip CBP’s frontline officers and trade specialists with the tools and

capabilities they need to operate more effectively. Since the program’s inception, CBP has

approved 43 Donations Acceptance Program partnerships, totaling an estimated $216 million in

planned and realized investment in U.S. port of entry improvements and other mission

enhancements.

CBP approved a partnership with the Texas Department of Transportation in November 2020.

The partnership complements a General Services Administration gift acceptance project that was

donated for infrastructure improvements at the Pharr Texas Port of Entry. The project, which is

currently under construction, will connect the land port of entry to an adjacent border safety

inspection facility. Under the CBP Donation Acceptance Program’s authority, the Texas

Department of Transportation will be donating closed-circuit television cameras as well as funds

for CBP to procure necessary technology equipment to outfit two exit booths.

CBP also approved a donation proposal submitted by the Anzalduas International Bridge Board

in June FY2021 for a seventh vehicular lane booth at the Anzalduas Port of Entry. The additional

inspection booth will augment the current configuration of the Anzalduas land port and will

allow CBP to expedite the crossings of legitimate travelers as well as minimize northbound

traffic wait times.

The third partnership CBP approved, in January FY2021, was submitted by the city of Del Rio,

Texas, for infrastructure improvements at the Del Rio Port of Entry. The donation includes the

construction of a new, two-lane roadway that will establish expedited cargo lanes. The roadway

improvement will extend f rom the base of the Del Rio-Ciudad Acuña International Bridge to the

recently constructed cargo lanes, adding 1,700 linear feet of roadway. The proposal also included

the donation of the required appurtenances for the new roadway such as drainage, signage,

lighting and fencing. Additionally, the donation will assist in reducing commercial northbound

traffic to further facilitate legitimate trade and travel.

Furthermore, in FY2021, CBP fully executed acceptance agreements for four of its Donations

Acceptance Program partnerships including a small-scale project donated by TPI Mexico, LLC

at the Santa Teresa Port of Entry. As part of the agreement, TPI Mexico, expanded the entrance

of the land port to facilitate the movement of oversized shipments and improve the flow of

traffic. TPI Mexico transports oversized wind turbine blades produced in Juarez, Mexico,

through the port of Santa Teresa. Over the years, wind turbine blades have increased in size and

some shipments have been delayed at the port. Partnerships entered into under the Donations

Acceptance Program enhance border security and promote the safe and efficient flow of

passenger travel and commercial trade.

Customs Trade Partnership Against Terrorism

The Customs Trade Partnership Against Terrorism (CTPAT) is a voluntary public-private sector

partnership program, which recognizes that CBP can provide the highest level of cargo security

only through close cooperation with the principal stakeholders of the international supply chain

such as importers, carriers, consolidators, licensed customs brokers and manufacturers. From its

inception in November 2001, CTPAT has continued to grow. Today, more than 11,000 certified

partners, spanning all corners of the trade community, have been accepted into the program. The

partners include U.S. importers, exporters, U.S./Canada highway carriers, U.S./Mexico highway

carriers, rail, air and sea carriers, licensed U.S. Customs brokers, U.S. marine port

authority/terminal operators, U.S. freight consolidators, third party logistics providers (3PL),

ocean transportation intermediaries and non-operating common carriers, Mexican and Canadian

manufacturers and Mexican long-haul carriers, all of whom accounted for 52 percent (by value)

of cargo imported into the United States in FY2021.

As a result of the COVID-19 global pandemic, the CTPAT program was forced to pause all

validation work in early March 2020. In the interim, to maximize the health of CBP’s employees

and partners, the program worked diligently to explore alternative approaches to the validation

process. Following a successful virtual validation test, a formal program to validate CTPAT

members via video conferencing technology was adopted. Virtual validations were extended to a

select group of companies that have demonstrated full adherence to the program’s requirements,

including having a CTPAT on-site validation in the past and incorporating all components of the

revised CTPAT minimum security criteria, which became effective in January 2020. CTPAT

plans to continue virtual validations as a benefit for select members long-term.

CTPAT partners were required to implement the program’s updated minimum security criteria

starting in FY2020. As part of the process, in FY2021, CTPAT completed 1,795 validations to

certify that CTPAT members both implemented and followed the highest level of supply chain

security measures under these new requirements. Additionally, CTPAT accepted 229 Authorized

Economic Operator validation certificates from foreign mutual recognition partners during

FY2021.While the vast majority of CTPAT members, 98.2 percent, remained in good standing

with the program, CTPAT’s enforcement actions led to 142 suspensions and 79 removals in

FY2021.

During the fiscal year, CTPAT worked with the University of Houston to conduct an in-depth

assessment of the CTPAT program. The primary goals were to identify areas in need of

improvement, better understand the program’s successful accomplishments, identify cost-benefit

enhancements for industry members and the CTPAT program, as well as establish new or build

upon existing performance metrics. Results of the assessment were published in the spring of

2021. CTPAT subsequently assembled three working groups tasked with developing a response

and strategy to implement the study recommendations into the program. CTPAT’s response to

the study will be published in FY2022.

CTPAT also began the formal process of closing out its Trusted Trader pilot in FY2021,

following the successful integration of CBP’s former Self-Assessment (ISA) program into the

CTPAT trade compliance branch. This transformed CTPAT into an Authorized Economic

Operator program that includes security and trade compliance. As a result, CBP is now aligned

with other customs administrations throughout the world and within CBP, the program is

seamlessly integrated. Furthermore, as part of CBP’s priority to combat forced labor, during

FY2021, CTPAT trade compliance collaborated with the Commercial Customs Operations

Advisory Committee (COAC) to refine formal program requirements on social compliance that

will be rolled out in FY2022.

CTPAT also promoted greater efficiency throughout FY2021. The program enabled CBP

officers to reallocate a larger portion of their time to examining high-risk cargo by reducing

examination rates for CTPAT members, saving them over $58 million.

Finally, efficiencies also were achieved during FY2021 through CBP’s Advanced Qualified

Unlading Approval (AQUA Lane) program. The program decreased time to market for imports

arriving on sea vessels by increasing shipping expediency, ensuring predictability and providing

cost-savings for CTPAT members. In FY2021, CTPAT sea carriers that requested to unlade

cargo in advance saved more than $27 million in total.

Agriculture Inspections

CBP agriculture specialists conducted more than 850,000 million examinations during FY2021

on imported agriculture or agricultural-related commodities at the U.S. ports. These

examinations yielded 62,388 pest submissions that could be harmful to crops, vegetation, and the

ecological environment. CBP agriculture specialists examine agriculture imports for potential

plant pests and diseases, incorrectly manifested and smuggled items and prohibited animal

products and byproducts. As part of their inspection process, CBP agriculture specialists examine

wood packaging materials associated with cargo to search for wood boring insects such as Asian

long-horned beetles. They also inspect containers and conveyances for hitchhiker pests such as

Asian gypsy moths and exotic fruit flies as well as for contamination from prohibited weed

seeds, food scrap, or soil.

Perishable Cargo Inspection Request

CBP implemented the agency’s new CBP One™ desktop and mobile application, a single portal

for stakeholders to interact with CBP via mobile devices in FY2021. The feature allows brokers

and carriers to request agriculture inspections or other services for perishable cargo such as fruit,

flowers and other time-sensitive goods. Currently nine U.S. airports have the CBP One

capability. During FY2021, CBP received nearly 50,000 perishable cargo inspection or service

requests from stakeholders and 1.5 million boxes of perishable goods were inspected.

When brokers and carriers request a perishable cargo inspection through the app, they receive

live status updates from CBP, alerting them when agriculture specialists, who will be conducting

the inspection, are en route to the inspection facility, at the facility and when the inspection is

completed. The perishable cargo inspection feature, which was designed for the air environment,

provides greater efficiency and transparency for the trade community, saving both time and

money. The CBP One app is available for Apple and Android devices.

IV. Conclusion

CBP is the face at the border for all travelers and cargo entering the United States. Each day,

nearly a half of a million people arrive at 328 U.S. ports of entry by air, land and sea and nearly

$12.2 billion worth of international trade crosses our borders. More than 32,500 CBP officers,

agriculture specialists, trade and revenue staff and mission support staff support CBP’s critical

anti-terrorism mission; enforce import and export laws and regulations of the United States;

implement immigration policies and programs; and protect the United States from f oreign animal

and plant pests, diseases and invasive species that could cause serious damage to U.S. crops,

livestock, pets and the environment.