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CBP Looking to Advance Regulations on Drawback, Customs Brokers, Air Cargo This Summer

Friday, May 11, 2018
Sandler, Travis & Rosenberg Trade Report

Modernizing the customs broker regulations, streamlining the process for enforcing the prohibition on imports made with forced labor, and finalizing a pilot program on air cargo security are among U.S. Customs and Border Protection’s regulatory goals over the next few months. These and other proposed and final rules are included in the semiannual regulatory agendas of the departments of Homeland Security and the Treasury, which list the following regulations affecting international trade that could be issued within the next year. The expected timeframes for issuance of these rules are indicated in parentheses.

Upcoming Regulations

- a CBP interim final rule to implement a mandatory Air Cargo Advance Screening program for inbound aircraft with commercial cargo (May 2018; previously January)

- a CBP 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 (May 2018; previously January)

- 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 Trade Facilitation and Trade Enforcement Act and certain provisions of the Digital Millennium Copyright Act (June 2018; previously January)

- a CBP proposed rule to create a procedure for the disclosure of information otherwise protected by the Trade Secrets Act to a trademark owner when goods bearing suspected counterfeit trademarks have been voluntarily abandoned (July 2018; first time published)

- a CBP proposed rule to update, modernize, and streamline the process for enforcing the prohibition against the importation of goods mined, produced, or manufactured in any foreign country by convict or forced labor or indentured labor under penal sanctions (August 2018; first time published)

- a CBP proposed rule to modernize the customs broker regulations, including by allowing national permit holders to conduct customs business in all districts within the U.S. customs territory, removing the requirement to have a district permit in each district where the broker conducts customs business, removing the requirement that brokers maintain physical offices in the districts in which they conduct customs business, and updating the requirements on responsible supervision and control (September 2018; previously June)

- a CBP proposed rule to establish procedures for determining the duration and scope of a vessel debarment (i.e., barring from entry into U.S. ports any vessel owned or chartered by an entity found to be in violation of certain immigration laws and regulations) and how entities may request mitigation of the debarment (September 2018; previously April)

- 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 (September 2018; unchanged)

- 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 (October 2018, previously March; proposed rule issued July 2016)

- 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 (November 2018; previously May)

- 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 2018; previously April)

- a CBP final rule making technical corrections to the rules of origin for goods imported under NAFTA and for textile and apparel goods (December 2018; previously April)

- a CBP proposed rule that would require customs brokers to verify the identity of importers and non-resident importers and would create a process for doing so that is contemporaneous with obtaining power of attorney (December 2018; previously June)

- 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 (December 2018, previously June; 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 (December 2018, previously June; interim final rule published in August 2016)

- a CBP final rule on procedures for investigating evasion of antidumping and countervailing duty orders (December 2018, previously June; interim final rule published in August 2016)

- 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 (March 2019, previously June 2018; interim final rule published in September 2016)

- a CBP proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 (March 2019; previously March 2018)

Regulations Completed

- 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

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