Background

Implementing the U.S.-Mexico-Canada Agreement and updating rules on forced labor imports are among the regulations 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 these and other 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 final rule to implement the USMCA with respect to non-preferential origin determinations for goods imported from Canada or Mexico (January 2023, previously July 2022; proposed rule issued July 2021)

- an interim final rule implementing USMCA provisions regarding textile and apparel goods, automotive goods, etc. (January 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 (March 2023, previously July 2022; received by the Office of Management and Budget for review on May 4, 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 2023, previously August 2022)

- a final rule imposing a continuing education mandate on customs brokers (April 2023, previously February 2023; proposed rule issued September 2021)

- an interim final rule implementing the rules of origin provisions for preferential tariff treatment under the USMCA (June 2023, previously July 2022; interim final rule issued July 2020)

- a final rule to implement customs provisions (import and export requirements, drawback, duty deferral, penalties, etc.) of the USMCA (June 2023; interim final rule issued July 2021)

- a final rule consolidating CBP’s authority to manage both customs and immigration ports of entry (June 2023, previously September 2022)

- 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 (June 2023, previously March 2023; proposed rule issued April 2022)

- 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 (July 2023, previously October 2022)

- 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 voluntarily abandoned (July 2023, previously January 2023; proposed rule issued August 2019)

- a final rule requiring the transmission of advance electronic information for international mail shipments (September 2023, previously September 2022; interim final rule published March 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 (September 2023, previously December 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 (September 2023, previously February 2023; proposed rule issued in August 2019)

- a final rule to implement a mandatory Air Cargo Advance Screening program for inbound aircraft with commercial cargo (September 2023, previously February 2023; 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 2023, previously May 2023)

Rulemakings Completed

- 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

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