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Customs Brokers, Prior Disclosure, Duty-Free Goods Among Topics of Forthcoming CBP Rules

Wednesday, June 26, 2019
Sandler, Travis & Rosenberg Trade Report

Updating customs broker requirements, encouraging the use of prior disclosures, and expanding the range of goods eligible for duty-free treatment are among the U.S. Customs and Border Protection regulations newly listed 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

- an advance notice of proposed rulemaking to seek input on a continuing education requirement for licensed customs brokers (no date specified; first time published)

- a proposed rule pertaining to prior disclosure and the procedure for demanding payment of duties, taxes, fees, or revenue for violations of 19 USC sections 1592 or 1593(a) when a penalty claim is not issued (no date specified; first time published)

- a proposed rule amending the regulations pertaining to the importation of goods that violate or are suspected of violating the copyright laws in accordance with the Trade Facilitation and Trade Enforcement Act and certain provisions of the Digital Millennium Copyright Act (June 2019; previously February)

- a 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 (June 2019, unchanged; interim final rule issued October 2015)

- a 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 (July 2019; previously December 2018)

- a proposed rule that would exempt portions of the CTPAT system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements (July 2019; previously February 2019)

- a proposed rule to eliminate all regulatory references to broker district permit fees (July 2019; first time published)

- a 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 2019; previously December 2018)

- a final rule eliminating a restriction pertaining to CBP’s authority to refund excessive duties, taxes, fees, or interest imposed on distilled spirits, wine, and beer to facilitate implementation of the Craft Beverage Modernization Act (August 2019; previously December 2018)

- a 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 (August 2019; previously January)

- an interim final rule implementing a TFTEA provision extending duty-free treatment to products exported and returned to the U.S. within three years after having been exported (August 2019; first time published)

- a 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 2019, previously December 2018; proposed rule issued July 2016)

- a 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 (September 2019; previously December 2018)

- a 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 (September 2019; previously March)

- a final rule shifting authority to make certain decisions regarding customs transactions from port directors to directors of the Centers of Excellence and Expertise (October 2019; previously May)

- a proposed rule to debar from entering U.S. ports any vessel owned or chartered by an entity found to be in violation of certain laws and regulations relating to the performance of longshore work by non-immigrant crew members (October 2019; first time published)

- a 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 2019, previously March; interim final rule published in August 2016)

- a 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 (December 2019, previously March; interim final rule published in September 2016)

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

- a final rule on procedures for investigating the evasion of antidumping and countervailing duty orders (December 2019, previously June; interim final rule published in August 2016)

Regulations Completed

- a final rule implementing changes to the drawback laws contained in the TFTEA 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

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