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CBP Still Working on Rules for Importer Security Filing, IPR Disclosure, In-Bond Merchandise

Thursday, June 05, 2014
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 that would make various changes to increase the accuracy and reliability of the advance information submitted under the importer security filing, or 10+2, rule (August)

- 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 At for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark (August)

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

- 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 (October)

- a final rule from the Alcohol and Tobacco Tax and Trade Bureau updating and reissuing regulations pertaining to minimum manufacturing, marking and importer permit requirements for tobacco products and cigarette papers and tubes (January 2015)

Regulations in Process

- a CBP rule finalizing the interim ISF regulations (February 2015)

- a Transportation Security Administration proposed rule to improve the security of freight and passenger railroads by, among other things, requiring vulnerability assessments and security plans for owners and operators of those railroads

- a CBP proposed rule that would amend the customs regulations pertaining to prior disclosure and the procedure for demanding payment of duties, taxes, fees or revenue for violations of 19 USC sections 1592 or 1593a when a penalty claim is not issued

- 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

- a CBP final rule that would reflect the planned centralization of the continuous bond program at CBP’s Revenue Division

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

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