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Updated Customs Broker Regulations, Other CBP Rules On Tap for 2016

Wednesday, December 02, 2015
Sandler, Travis & Rosenberg Trade Report

The departments of Homeland Security and the Treasury recently issued their semiannual regulatory agendas, which list the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. The expected timeframes for issuance of these rules are indicated in parentheses.

Upcoming Regulations

- a U.S. Customs and Border Protection proposed rule to update the customs broker regulations, including with respect to the broker licensing, testing and application processes, the permit issuance procedure, and the fee structure for broker exams and licenses (June; first time published)

- a CBP interim final rule reflecting that the Automated Commercial System is being phased out as a CBP-authorized electronic data interchange system for the processing of electronic entry and entry summary filings (November 2015)

- a final rule to enhance CBP’s ability to regulate and track in-bond merchandise and ensure that it is properly entered or exported (January (previously August))

- a CBP proposed rule to implement the Air Cargo Advance Screening pilot as a regulatory program (March (previously December))

- separate proposed rules from the Alcohol and Tobacco Tax and Trade Bureau to update procedures for imports and exports of distilled spirits, wine, beer and tobacco products and implement the International Trade Data System all-electronic environment (March for imports and October for exports (previously August for both))

- a CBP interim final rule shifting authority to make certain decisions regarding customs transactions from port directors to directors of the Centers of Excellence and Expertise (June (previously December))

- a CBP proposed rule to increase the accuracy and reliability of the advance information submitted under the importer security filing rule (June (previously December))

- a final rule setting forth due process procedures for CBP to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges or remote location filing privileges (June (previously December))

- a TTB final rule updating and reissuing regulations pertaining to minimum manufacturing, marking and importer permit requirements for tobacco products and cigarette papers and tubes (September)

(A CBP advance notice of proposed rulemaking on establishing a continuing education requirement for licensed customs brokers does not appear in this version of the regulatory agenda.)

Regulations in Process

- a CBP rule finalizing the interim importer security filing regulations

- a CBP proposed rule to give effect to certain liberalized changes to the NAFTA preference rules of origin that have been agreed to by the U.S., Canada and Mexico

- final rules amending the CBP regulations to reflect free trade agreements with Singapore and Australia

Recently Completed Regulations

The following have been issued in the last few months and thus removed from the regulatory agenda.

- a final rule allowing CBP to disclose to an intellectual property right holder information appearing on merchandise or its retail packaging that may comprise information otherwise protected by the Trade Secrets Act for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark

- a CBP final rule removing some of the requirements for documentation used to establish proof of exportation for drawback claims

- a CBP final rule centralizing the processing of continuous bonds at CBP’s Revenue Division

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