Background

Section 301 tariffs, forced labor enforcement, and customs broker issues are among the topics of U.S. Customs and Border Protection regulations 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

- a proposed rule to except goods subject to Section 301 tariffs from the administrative exemption from duties and taxes for goods imported by one person on one day (December 2020; 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 (December 2020; previously September 2020)

- 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 (December 2020; previously June 2020)

- 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 (March 2021, previously September 2020; interim final rule issued August 2018)

- an interim final rule implementing a provision of the Trade Facilitation and Trade Enforcement Act extending duty-free treatment to products exported and returned to the U.S. within three years after having been exported (March 2021; previously September 2020)

- 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 (March 2021; previously October 2020)

- a final rule allowing national customs broker permit holders to conduct customs business in all districts and updating the requirements on responsible supervision and control (June 2021; proposed rule issued June 2020)

- a proposed rule to eliminate the paper-based bond application and approval processes and require all bonds to be filed by sureties using an electronic data interchange or email (June 2021; previously September 2020)

- a final 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 2021, previously December 2020; proposed rule issued in August 2019)

- a final rule removing all references to customs broker district permit fees (July 2021)

- 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 TFTEA and certain provisions of the Digital Millennium Copyright Act (August 2021; previously January 2021)

- a final rule creating 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 abandoned (August 2021, previously January 2021; proposed rule published in August 2019)

- a final rule to implement a mandatory Air Cargo Advance Screening program for inbound aircraft with commercial cargo (August 2021, previously February 2021; interim final rule published November 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 2021)

- a proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 (September 2021)

Long-Term Actions

- 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 (interim final rule published in August 2016)

- a final rule on procedures for investigating the evasion of antidumping and countervailing duty orders (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 (interim final rule published in September 2016)

- a final rule shifting authority to make certain decisions regarding customs transactions from port directors to directors of the Centers of Excellence and Expertise (interim final rule issued December 2016)

Regulations Completed

- an advance notice of proposed rulemaking to seek input on a continuing education requirement for licensed customs brokers

Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

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