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Drawback, Recordkeeping, Exclusion Orders Among New Rules on CBP Agenda

Tuesday, July 25, 2017
Sandler, Travis & Rosenberg Trade Report

The departments of Homeland Security and the Treasury have 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 implementing changes to the drawback laws contained in the Trade Facilitation and Trade Enforcement Act by requiring claims to be filed electronically, extending and standardizing timelines for filing claims, modifying recordkeeping requirements, and establishing a new standard for substituting merchandise based on its tariff classification (September; first time published)

- a CBP proposed rule amending the regulations pertaining to the importation of goods that violate or are suspected of violating the copyright laws in accordance with title III of the TFTEA and certain provisions of the Digital Millennium Copyright Act (September; first time published)

- an Alcohol and Tobacco Tax and Trade Bureau proposed rule to update procedures for exports of distilled spirits, wine, beer, and tobacco products and implement the International Trade Data System all-electronic environment (September; previously April)

- a CBP final rule prescribing procedures for the donation of technologies, training, or other support services to assist CBP in intellectual property rights enforcement (September; proposed rule published in January 2017)

- a CBP final 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 (September; proposed rule issued July 2016)

- a CBP proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 (October; first time published)

- a CBP final rule clarifying the circumstances under which a notice of arrival must be filed for imported pesticides and pesticidal devices, codifying existing required NOA data elements, requiring the submission of additional NOA data elements for unregistered pesticides that are currently optional, and permitting the NOA to be filed electronically in the Automated Commercial Environment (November; interim final rule published in September 2016)

- a CBP final rule on procedures for investigating evasion of antidumping and countervailing duty orders (November, previously March; interim final rule published in August 2016)

- a CBP 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, previously March; interim final rule issued October 2015)

- a CBP final rule raising from $200 to $800 the de minimis value of articles that may be imported by one person on one day free of duty and tax (November, previously April; interim final rule published in August 2016)

- a CBP proposed rule seeking to promote the speed, accuracy, and transparency of administrative rulings concerning the importation of articles that may be subject to exclusion orders issued by the International Trade Commission under section 337 of the 1930 Tariff Act (December; first time published)

- a CBP final rule to expand the definition of “importer” under the importer security filing rule for certain types of shipments to ensure that the party that has the best access to the required information is the party responsible for filing the ISF (December; proposed rule issued in July 2016)

- a CBP proposed rule to implement the Air Cargo Advance Screening pilot as a regulatory program (December; no change)

- a CBP final rule shifting authority to make certain decisions regarding customs transactions from port directors to directors of the Centers of Excellence and Expertise (May 2018; previously December)

Regulations in Process

 

- 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

- a CBP final rule reflecting the U.S.-Singapore free trade agreement

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

Regulations Completed

- a CBP final rule to update the customs broker examination procedures
- a TTB final rule updating procedures for imports of distilled spirits, wine, beer, and tobacco products and implement ITDS

- a CBP final rule removing the consumptive demand clause from the regulations concerning the prohibition on imports of goods produced by convict, forced, or indentured labor

- a CBP final rule allowing Toxic Substances Control Act certifications to be filed electronically and eliminating the paper-based blanket certification process

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