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

Friday, August 02, 2013
Sandler, Travis & Rosenberg Trade Report

The departments of Homeland Security and the Treasury recently issued their semiannual regulatory agendas, which among other things list trade-related regulations under development.

Regulations Possible in 2013. The following proposed and final regulations could be issued within the next year.

- 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 (October) and a rule finalizing the interim ISF regulations (February 2014)

- 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 (December)

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

- a Coast Guard rule proposing updates to its regulations on licensing, construction, design, equipment and operation of deepwater ports (December)

Regulations in Process. The agendas also list a number of regulatory proceedings that have been in process for some time and are not as likely to see further progress in the near future, including the following.

- a Coast Guard supplemental proposed rule requiring manuals to guide vessel crews in securing certain cargo to prevent its loss at sea

- 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 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, Australia, Korea, Colombia and Panama

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