On Sept. 2, 2026, U.S. Customs and Border Protection (CBP) published a consequential advance notice of proposed rulemaking (ANPRM) stating that it “is considering amending its regulations to give CBP greater visibility into the supply chains of goods imported into the United States.” (See 91 Fed. Reg. 56408.) CBP seeks comments on new requirements that it claims will enhance visibility into the parties involved in the importation of goods, integrate innovative technical solutions for the tracing of supply chains of those goods and collect foreign export documentation that foreign exporters are required to submit to the foreign customs authority prior to the exportation of those goods to the United States. New requirements could also significantly impact and complicate the import of products, including chemicals. Comments are due Dec. 1, 2026. An overview of this ANPRM follows. 

Background 

The ANPRM is an outgrowth of Executive Order (EO) 14411, “Strengthening Customs Enforcement,” signed on June 3, 2026. It calls for the Secretary of Homeland Security (Secretary) to take steps to establish heightened import disclosure and certification requirements consistent with the policy of the EO. The heightened requirements include providing detailed information about the imported good’s supply chain and production methods, such as the manufacturer’s product identifier (for example, model or style number) or key specifications (for example, composition, grade or size). The EO also directs the Secretary to take steps to establish a requirement mandating the submission of any documentation or information that the foreign exporter was required to submit to the foreign customs administration prior to exporting to the United States. The EO directs CBP to leverage the Customs Trade Partnership Against Terrorism (CTPAT) program to strengthen customs enforcement. 

In the ANPRM, CBP describes proposals for implementing the EO. Each proposal is followed by questions as to which CBP seeks more information. CBP will use the comments to draft a notice of proposed rulemaking (NPRM) that would propose regulations to implement these proposals or other proposals suggested in response to the ANPRM. 

For each proposal, CBP asks stakeholders to consider whether the new requirements should be phased in by entry type, commodity (including whether special consideration is warranted for critical medical products and their key inputs), country or mode of transportation; whether different implementation timelines should apply to small entities, foreign importers, CTPAT participants or high-volume filers; whether any of the proposals are suited to voluntary test programs; and what implementation period would be necessary for affected parties to comply with the proposal. 

Importantly, CBP states that it is considering whether foreign export documentation may help verify and reconcile entry and entry summary information and detect discrepancies that could indicate violations of U.S. customs and trade laws. According to CBP, foreign export documentation may include information submitted to a foreign customs authority by the entity responsible for filing the export declaration (for example, a trading company, distributor, consolidator or third-party logistics provider) for goods destined to the United States. These could include export declarations submitted by the foreign exporter to the foreign customs authority; commercial invoices showing the transaction value declared to the foreign customs authority; packing lists verifying the contents, weight and packaging of the shipment and others.

The ANPRM also explores options to diminish illegal transshipments. CBP asks many questions regarding the use of novel supply chain solutions, artificial intelligence (AI) and the expansion of CTPAT program requirements. 

Discussion 

CBP is wasting no time in implementing EO 14411. Given the expansive goals of the EO and the extensive measures it contemplates implementing, there has been remarkably little attention to what the EO could mean for the chemical industry. The ANPRM illustrates the potentially disruptive nature of the measures under consideration and the critical need for the chemical industry to comment on and engage with this matter.  

The United States relies extensively on chemical imports to supply the needs of our domestic manufacturing base. According to some sources, the chemical import market brings in more than $400 billion in chemical products. The most significant potential impacts resulting from implementation of the provisions in the EO and as envisioned in the issues identified in the ANPRM include greatly increased due diligence obligations for importers; enhanced documentation requirements and the consequences of inadequate documentation; greater visibility into country of origin and the circumstances under which foreign importers may be required to use a CTPAT-validated and licensed customs broker. As stakeholders appreciate, CTPAT validation is neither easy nor quick. The EO also contemplates legislative measures, but to date, none have been offered. 

Chemical stakeholders are urged to read and comment on the ANPRM. The EO and the implementation measures outlined in the ANPRM suggest that consequential changes may be in our future, significantly impacting the import of chemicals into the United States.