November 11, 2026

CBP Sets ACE Test and Go-Live Dates for Foreign Importer-of-Record Rule

On November 10, 2026, CBP said the ACE programming for its foreign importer-of-record rule goes to the certification (test) environment on November 12, 2026 and to production on January 5, 2027, the day the rule takes effect. Also covered: HTS Revision 23, which carries USTR's Section 301 China extensions and contains a January 9/January 10 date conflict, and two port notices from New York/Newark and Pembina.

Gantry cranes and stacked shipping containers at a container port at night, lit by amber floodlights reflected in the water
Foreign IOR: ACE Testing Begins

Foreign importer of record: ACE certification opens Nov. 12, production Jan. 5, 2027

Status: technical deployment announced Nov. 10, 2026. The rule is published but not yet in force (effective Jan. 5, 2027). CBP will deploy its Foreign Importer of Record (IOR) Enhancement to the ACE Certification (CERT) environment on November 12, 2026 and to Production on January 5, 2027. CBP has posted draft CATAIR chapters for filers and software vendors under "Draft Chapters: Future Capabilities" on its ACE CATAIR page:

  • Entry Summary Create/Update V112: the 15-record adds a U.S. Importer of Record Indicator, a Broker Acting as IOR Indicator and a Principal on Power of Attorney field.
  • Cargo Release V41.1: the SE-20 record adds a U.S. Importer of Record Indicator, Broker Acting as IOR Certification, Principal on Power of Attorney and Principal on Power of Attorney Type.
  • Also posted: Entry Summary Query V28, Entry Summary Error Dictionary V56 and the Cargo Release error codes.

These data elements carry out CBP's interim final rule "Heightened Requirements for Foreign Importers of Record" (CBP Dec. 26-19, RIN 1685-AA48), published November 6, 2026 at 91 FR 69977. Under the rule, from January 5, 2027 every entry and entry summary must declare whether the importer of record is a "U.S. IOR." A foreign IOR may make consumption entries only if it is CTPAT-validated or uses a CTPAT-validated licensed broker. A broker acting as IOR for a principal must identify that principal and still needs a power of attorney. Before declaring U.S. IOR status, brokers must check the client's records, and they must keep those verification records for five years. Comments on the rule are due January 5, 2027. Brokers must be in full compliance by May 6, 2027, and may ask for delayed compliance with the verification requirement before January 5, 2027. Ineligible for delay are brokers removed from CTPAT, those with a revoked Form 5106, suspended or debarred brokers, brokers with a suspended filer code, and those facing license-revocation proceedings.

Timing: CERT on Nov. 12, 2026 is for testing only and creates no filing duty. The declaration requirement and ACE Production both start Jan. 5, 2027 (a Tuesday). The broker verification deadline is May 6, 2027. If an IOR declares U.S. IOR status inaccurately, CBP may require live entry or withdraw immediate delivery. Brokers face 19 U.S.C. 1592 or 1641 penalties.
ACE CERT deploymentNov. 12, 2026
Rule effective / ACE PRODJan. 5, 2027
Broker full complianceMay 6, 2027

HTS Revision 23 carries the Section 301 China extensions, but the end dates conflict

Status: in force. The USTR notices were published Nov. 10, 2026, and the USITC posted 2026 HTS Revision 23, dated Nov. 10. Revision 23 lists two modification sources:

  • Section 301 maritime/shipbuilding action (91 FR 72608): USTR again suspends, for two more months, the vessel and maritime-service fees (Annexes I–III) and the Annex V.A duties on ship-to-shore cranes and other cargo-handling equipment. The prior suspension ended Nov. 9, 2026. Headings 9903.91.12–9903.91.16 now show an end date of January 10, 2027. The notice's DATES line says 11:59 p.m. ET, January 9, 2027.
  • China Section 301 product exclusions (91 FR 72610): USTR extends all 178 exclusions under 9903.88.69 (U.S. notes 20(vvv)(i)–(iv)) and 9903.88.70 (U.S. note 20(www)), with no change in scope. They cover goods entered or withdrawn from warehouse from 12:01 a.m. ET on Nov. 10, 2026 through 11:59 p.m. ET on January 9, 2027. One passage in the notice says "until January 10, 2027."
Official conflict: Both notices give January 9 in some places and January 10 in others. January 9, 2027 is a Saturday. USTR says CBP will issue implementation instructions. Until USTR or CBP clarifies, plan on 11:59 p.m. ET on January 9, 2027 as the safer end date for exclusion claims. For goods covered by 9903.91.12–.16, check CBP's guidance before relying on January 10.

Context (China's mirror measure): China's State Council Tariff Commission said that from 13:01 Beijing time on Nov. 10, 2026 (11:01 p.m. CST, Nov. 9) it will keep suspending its 24% additional tariff on U.S.-origin goods for another two months, while the 10% additional tariff stays in place. The measure adjusts Tariff Commission Announcement No. 4 of 2025. U.S. exporters selling into China should still budget for the 10% layer. MOF Customs Tariff Department explainer, Nov. 9, 2026

Port notices: New York/Newark exam stations and Pembina permit ports

New York/Newark: four centralized examination stations tentatively selected

Status: tentative, open for public comment. On Nov. 10, 2026, the Port of New York/Newark tentatively selected four operators for Comprehensive Centralized Examination Stations (CES): East Coast Warehouse (Elizabeth, NJ), H&M International Warehousing (Kearny, NJ), NRS (North Bergen, NJ) and Port Liberty CES LLC (Staten Island, NY). A selection becomes final only once the operator signs a written agreement with CBP. The selections would run until the current CES memoranda of understanding expire on January 8, 2032. A later notice will announce the final selections and the start date. Written comments go to the Port Director at 1210 Corbin Street, Elizabeth, NJ 07201, with an electronic copy by email, and are due by 4:00 p.m. on December 10, 2026. Port notice (PDF)

The notice calls the deadline "Sunday, December 10, 2026," but December 10, 2026 is a Thursday. Treat the date as controlling and file early.

Pembina, ND: permit-port cargo is now handled at Sherwood

Status: in effect (notice dated Nov. 10, 2026). Permits for the Pembina Area northern-border permit ports are now managed at the Sherwood Port of Entry. The contact address stays [email protected], and the phone number is (701) 459-2250. CBP warns that shipments that do not match their permit will be denied entry at the permit port. Mismatches include using the wrong permit port, carrying a commodity not on the permit, or an origin or destination that differs from the permit. Repeated mismatches can lead to suspension or revocation of the permit, or to penalties. New applications need a map with mileage that compares the route through the permit port with the nearest commercial port.

Action items

Importers of record and customs brokers

  • Collect ownership and U.S.-presence evidence for each IOR client: the 51% beneficial-ownership test or U.S. real property, place of business and assets. Set up five-year retention for verification records before Jan. 5, 2027. 91 FR 69977
  • For foreign IOR clients, confirm CTPAT status or line up a CTPAT-validated broker. If you need delayed compliance, file the request before Jan. 5, 2027.
  • Ask your ABI vendor for its CERT test plan for Entry Summary V112 and Cargo Release V41.1, starting Nov. 12. ACE CATAIR

Section 301 filers

  • Keep claiming 9903.88.69/9903.88.70 exclusions for eligible entries. Diary 11:59 p.m. ET on Jan. 9, 2027 as the working end date, and watch for CBP instructions that settle the Jan. 9/Jan. 10 conflict. 91 FR 72610
  • Importers of ship-to-shore cranes and cargo-handling equipment: the Annex V.A duties remain suspended. Check the 9903.91.12–.16 end date before entries scheduled for early January.

Logistics and exporters

  • NY/NJ: tell your forwarders and truckers about the CES selections, and send any comments by 4:00 p.m. on Dec. 10, 2026.
  • North Dakota permit-port users: before crossing, check that the port, commodity, origin and destination all match the approved permit.
  • Exporters shipping to China: price in the 10% Chinese additional tariff that remains, since only the 24% layer stays suspended.

FAQ

Must brokers transmit the new U.S. IOR indicator starting November 12?

No. November 12, 2026 opens only the ACE certification (test) environment. The declaration becomes mandatory on January 5, 2027, when the interim final rule takes effect and the programming reaches ACE Production. 91 FR 69977

Can importers still claim the 178 Section 301 China exclusions today?

Yes. The exclusions cover eligible goods entered from 12:01 a.m. ET on November 10, 2026. The DATES line sets the end at 11:59 p.m. ET on January 9, 2027, but one passage of the notice says January 10. 91 FR 72610

Has China removed its retaliatory tariffs on U.S. goods?

No. China extended the suspension of its 24% additional tariff by two months from November 10, 2026, but the 10% additional tariff on U.S.-origin goods remains. MOF explainer

Are the New York/Newark CES selections final?

No. They are tentative. Each becomes final only when the operator signs a written agreement with CBP, and a later port notice will set the date operations begin. Comments are due by 4:00 p.m. on December 10, 2026. Port notice (PDF)

Original sources and dates