Background

Imports, exports, and other trade-related activities could be impacted if Congress fails to approve new appropriations legislation and the federal government shuts down Nov. 18. While U.S. Customs and Border Protection operations affecting trade at ports of entry would continue in such a situation, shipments requiring review or approval by other government agencies whose personnel are furloughed could see delays.

Trade-related impacts of the last federal government shutdown in 2018 included the following.

- Most CBP employees continued working but functions like legal counsel and support ceased.

- Most services and activities provided by the International Trade Administration (e.g., those impacting antidumping and countervailing duty proceedings) were suspended.

- Department of Commerce services that remained available included export enforcement activities, services for ships entering U.S. ports, and patent and trademark application processing.
- The Food and Drug Administration continued to screen food and drug imports and inspect facilities that might pose an imminent threat to health and life, but routine inspections of facilities and all work related to cosmetics and nutrition was suspended.

- The Department of Agriculture continued inspections for import and export activities to prevent the introduction and dissemination of pests into and out of the U.S.; meat, poultry, and processed egg inspection services; grain and other commodity inspection, weighing, and grading services; and agricultural export credit and other agricultural trade development and monitoring activities.

- The Consumer Product Safety Commission continued its import surveillance activities and its compliance and field operations.

To further ease the impact of a potential shutdown on trade operations, industry groups have asked CBP to take the following steps.

- establish a direct line of communication for the private sector to inform the agency’s “war room” in real time on issues that must be timely resolved to keep trade moving

- fully integrate partner government agency staff into the “war room,” especially those like the FDA, USDA, CPSC, Fish and Wildlife Service, and Environmental Protection Agency that must clear goods before they can enter U.S. commerce

- ensure communication and coordination between headquarters, ports, and Centers of Excellence and Expertise

- hold daily briefings with the trade community (and include PGAs with shipment hold authority) so any issues can be swiftly identified and resolved

- ensure the smooth flow of export operations and related processes, including licenses, inspections, etc.

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