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Broker Permits, Importer Verification, Air Cargo Security Among New Rules on CBP Agenda

Tuesday, December 19, 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 interim final rule (not proposed, as listed previously) to implement a mandatory Air Cargo Advance Screening program for inbound aircraft required to make entry that have commercial cargo aboard (January 2018; previously December 2017)

- 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 (January 2018; previously September 2017)

- a CBP proposed 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 (January 2018; previously September 2017)

- 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 (March 2018, previously December 2017; proposed rule issued in July 2016)

- a CBP proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 (March 2018; previously October 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 (March 2018, previously September 2017; proposed rule issued July 2016)

- 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 (April 2018; first time published)

- 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 (April 2018; previously December 2017)

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

- 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)

- 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 (June 2018; first time published)

- 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 (June 2018; first time published)

- 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 (June 2018, previously November 2017; 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 (June 2018, previously November; interim final rule published in August 2016)

- a CBP final rule on procedures for investigating evasion of antidumping and countervailing duty orders (June 2018, previously November 2017; 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 (June 2018, previously November 2017; interim final rule published in September 2016)

- 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 2018)

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

Regulations Completed

- a final rule prescribing procedures for the donation of technologies, training, or other support services to assist CBP in intellectual property rights enforcement 

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

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