E-MERCHANTS TRADE COUNCIL, INC.

TRD · Trade (domestic/foreign)

EMTC submitted a public comment during the September 23, 2026 Customs Operations Advisory Committee (COAC) objecting to the discussion on CSMS messages and the role of other TSG materials as the role of these important guidance pronouncements from CBP is increasingly important based on the frequent changes to U.S. trade policy and tariffs. While we appreciate CBP guidance in writing, the legal status of such guidance is now the subject of litigation in Express Fasteners v. United States. The TSGs function beyond their original role to provide operational and facilitation messaging to the trade community. Therefore, we believe that an Advanced Notice of Proposed Rulemaking should be initiated so that these various communications materials can established under the Administrative Procedures Act.