The High Cost of Visibility: Navigating CBP’s New Import Demands

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U.S. Customs and Border Protection (CBP) is considering new requirements that could significantly expand the information importers must obtain and maintain about their foreign supply chains.

On September 2, 2026, CBP published an Advance Notice of Proposed Rulemaking (ANPRM), “Heightened Import Disclosures for Supply Chain Visibility.” CBP is seeking public comments on potential requirements intended to give the agency greater visibility into imported goods, supply-chain participants, and documentation submitted to foreign customs authorities.

The goal is to help CBP identify unlawful imports, including illegal transshipment and attempts to evade U.S. customs and trade laws. However, these requirements could also create significant new compliance challenges for importers.

What Could Change for Importers?

CBP is considering whether importers should be required to obtain foreign export documentation for goods imported into the United States. This could include export declarations, commercial invoices, packing lists, certificates of origin, export licenses, and transportation documents.

Importers could potentially be required to submit these documents with an entry, maintain them as part of their records, or provide them to CBP upon request.

CBP is also considering collecting more information about manufacturers, shippers, exporters, sellers, online marketplaces, and other parties involved in an import transaction. The agency is examining technology that could help trace goods and provide greater visibility into supply chains.

These potential requirements raise an important concern: importers may be held responsible for obtaining and reviewing information created by foreign parties outside their direct control.

What If the Documents Do Not Match?

CBP is also examining how importers should address differences between foreign export documents and information reported on U.S. entries.

A foreign document may contain a different value, quantity, or classification. However, a discrepancy does not necessarily mean fraud or noncompliance. Countries may use different valuation methods, classification practices, currencies, and reporting requirements.

Importers could therefore face the added responsibility of identifying and explaining differences in documents they did not create.

What Should Importers Be Thinking About?

At Clark-Esposito Law Firm, P.C., we see several potential concerns. Importers may have limited control over whether foreign suppliers provide complete and accurate records. Expanded disclosures may also require businesses to share sensitive information about suppliers, sourcing relationships, production methods, and logistics.

There is also the potential for increased costs and delays. Businesses may need new procedures to collect, review, translate, reconcile, retain, and transmit foreign documentation. Smaller importers may feel these burdens more heavily because they often have fewer compliance resources.

Importers commenting on the ANPRM may want to address these practical concerns. They may also want to explain why discrepancies between foreign and U.S. documents can occur even when an importer is compliant and whether a targeted, risk-based approach would be more practical than broad requirements applying to every import transaction.

What Happens Next?

Because this is still an ANPRM, CBP has not yet established these requirements. Importers currently have an opportunity to provide feedback on costs, lead times, confidentiality, technology, data discrepancies, and other practical issues before CBP develops a proposed rule.

Comments are due December 1, 2026.

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