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CEE, ISF, De Minimis, AD/CV Evasion, Other Rules on Regulatory Agenda

Thursday, December 01, 2016
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 interim 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 (first time published)

- 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 (December (previously May) for imports and April 2017 (previously October) for exports)

- 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 (December (previously June))

- 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 (December (previously July))

- 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)

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

- a CBP final rule to harmonize the documentation requirements applicable to different classes of vehicles and engines that are subject to the Clean Air Act’s emission standards and to permit the required EPA emission compliance forms to be filed with CBP electronically (December (first time published); proposed rule published in August)

- a CBP final rule allowing Toxic Substances Control Act certifications to be filed electronically and eliminating the paper-based blanket certification process (December (first time published); proposed rule published in August)

- a CBP final rule removing regulations addressing flights to and from Cuba (January 2017 (unchanged))

- a CBP final rule on procedures for investigating evasion of antidumping and countervailing duty orders (March 2017 (first time published); interim final rule published in August)

- 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 (March 2017 (previously December 2016); interim final rule issued October 2015)

- a CBP final rule raising from $200 to $800 the value of articles that may be imported by one person on one day free of duty and tax (April 2017 (first time published); interim final rule published in August)

- a CBP final rule to update the customs broker examination procedures (proposed rule issued in September; no date yet set for final rule)

Regulations in Process

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

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