Background

Imports of low-value shipments and electronic export manifests are among the new regulations included on a list of those U.S. Customs and Border Protection anticipates publishing in the next few months. The semiannual regulatory agendas of the departments of Homeland Security and the Treasury 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.

- a proposed rule to exempt portions of the cargo inspection, exam, and security system of records from Privacy Act provisions because of criminal, civil, and administrative enforcement requirements (January 2024, first time published)

- a final rule to implement the U.S.-Mexico Canada Agreement with respect to non-preferential origin determinations for goods imported from Canada or Mexico (January 2024, previously July 2023; proposed rule issued July 2021)

- 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 Trade Facilitation and Trade Enforcement Act and certain provisions of the Digital Millennium Copyright Act (January 2024, previously July 2023)

- 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 (January 2024, previously August 2023)

- a final rule consolidating CBP’s authority to manage both customs and immigration ports of entry (January 2024, previously October 2023)

- a final 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 2024, previously October 2023; proposed rule issued April 2022)

- 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 2024, unchanged)

- a proposed rule to create a new process for entering low-value shipments and require additional data elements for such shipments (April 2024, first time published)

- an interim final rule implementing a provision of the TFTEA extending duty-free treatment to products exported and returned to the U.S. within three years after having been exported (May 2024, previously September 2023)

- a final rule to require customs brokers to verify the identity of importers and non-resident importers and create a process for doing so that is contemporaneous with obtaining power of attorney (May 2024, unchanged; proposed rule issued in August 2019)

- a proposed rule seeking to promote the speed, accuracy, and transparency of administrative rulings concerning the importation of articles that may be subject to Section 337 exclusion orders issued by the International Trade Commission (May 2024, unchanged)

- a proposed rule to require the submission of export manifest data through ACE for cargo transported by rail (June 2024, first time published)

Rules to implement the USMCA with respect to textile and apparel goods, automotive goods, preferential rules of origin, customs provisions (import and export requirements, drawback, duty deferral, penalties, etc.), etc., which had appeared in previous versions of these agencies’ regulatory agendas, do not appear in this version.

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