U.S. Customs and Border Protection is continuing several of its responsibilities during the shutdown — which hit its 31st day Monday — including issuing customs broker licenses, permits, filer codes and reviewing and responding to Enforce and Protect Act trade evasion allegations and electronic allegations of trade fraud.
In addition to customs, other trade-related agencies are affected by the shutdown.
Almost 90 percent of Commerce Department staff has been furloughed, as the International Trade Administration (ITA) and Bureau of Industry and Security (BIS) are operating with “extremely minimal” staff, according to the analysis.
“The ITA has effectively ceased all antidumping and countervailing duty investigations as well as other administrative proceedings including annual administrative reviews due to the lack of funding,” the analysis says. “The delay in ongoing proceedings will have cascading effects on impending deadlines for months to come as all cases are either delayed or postponed for several weeks after the agency reopens.”
The shutdown has also halted BIS’ exclusion process for Section 232 tariffs on steel and aluminum, with no new exclusions granted since Dec. 21, and a significant continuing backlog and further delays expected as Commerce has more than 100,000 requests to review.
The analysis was authored by Husch Blackwell law firm.