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CBP Postpones Rules on Electronic Filing of Vehicle Documentation, TSCA Certifications

Friday, January 27, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has postponed from Jan. 26 to March 21 the effective date of a final rule amending CBP’s regulations relating to the importation of certain vehicles and engines under the Clean Air Act in order to harmonize the documentation requirements applicable to different classes of vehicles and engines that are subject to the CAA’s emission standards. The rule further amends the regulations to permit importers to file the required Environmental Protection Agency declaration forms with CBP electronically.

CBP has also postponed from Jan. 26 to March 21 the effective date of a final rule amending the agency’s regulations regarding the requirement to file a Toxic Substances Control Act certification when importing chemicals in bulk form or as part of mixtures and articles containing a chemical or mixture. This rule allows importers to file the required EPA TSCA certifications electronically, clarifies and adds certain definitions, and eliminates the paper-based blanket certification process.  

These delays follow a Jan. 20 White House memo asking executive agencies to postpone for 60 days the effective date of all regulations that had been published in the Federal Register but had not yet taken effect. CBP also believes extending the effective dates will provide sufficient additional time for affected entities to become familiar with the increased flexibilities and new processes established under these rules.

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