Background

Implementation of the U.S.-Mexico-Canada Agreement, forced labor enforcement, and port of entry management 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

- an interim final rule implementing the preferential tariff treatment and related customs provisions of the USMCA (December 2021; previously July 2021)

- 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 (December 2021; previously September 2021)

- a final rule to implement the USMCA with respect to non-preferential origin determinations for goods imported from Canada or Mexico (February 2022; proposed rule issued July 2021)

- a final rule consolidating authority to manage both customs and immigration ports of entry (February 2022; first time published)

- a final rule requiring the transmission of advance electronic information for international mail shipments (March 2022; interim final rule published March 2021)

- 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 (March 2022, previously August 2021; received by the Office of Management and Budget for review on May 4, 2021)

- 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 (March 2022; previously August 2021)

- 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 2022; previously September 2021)

- 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 (April 2022, previously August 2021; proposed rule issued June 2020)

- 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 (May 2022)

- 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 2022, previously September 2021; proposed rule issued in August 2019)

- a final 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 2022; previously December 2021)

- a proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 (August 2022; previously January 2022)

- a final rule to implement a mandatory Air Cargo Advance Screening program for inbound aircraft with commercial cargo (August 2022, previously February 2022; interim final rule published November 2018)

Regulations Published

- a proposed rule to establish a continuing education requirement for licensed customs brokers

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