Comment Submitted by Katie Schmidt, University of Washington

Based on the comments posted for this proposed rule so far, both brokers and large importers tend to oppose it, brokers because they have worked out a system for making operations efficient already and importers because they do not think it does enough to protect their information. The entity that we have not heard from here is the U.S. Customs Service, which licenses customs brokers to help importers meet federal entry requirements. This rule could have a positive effect for the CBP because it would provide a clear framework for actions that customs brokers are allowed to engage in and those that they are not. This is important because the comment submitted by JAS Forwarding suggests that efficiencies have been achieved as the system now stands in such a way that this rule would require brokers to obtain written permission from clients for the kinds of activities they already perform, adding costs for the broker. However, if client information is already being distributed without written permission, this could pose problems for the CBP as it tries to oversee the customs broker network. This rule would provide a framework for enforcing uniform requirements across the customs broker industry and would shift the burden of responsibility onto customs brokers if a client felt that its information had not been protected. In the case of this rule, the CBP has made a conscious effort to address the interests of both the companies importing goods into the United States and the customs brokers that contract with those companies. It has done so through the requirement of a written release by the companies and the opportunity it gives the customs brokers to find ways to make their operations more efficient upon receipt of this written release. Furthermore, this shifts the burden for ensuring that information is protected and imports clear customs quickly and efficiently to the two parties that profit from importing goods into the U.S. (brokers and importers) while potentia