Background

Implementing various aspects of 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 (July 2023, previously January 2023; proposed rule issued July 2021)

- an interim final rule implementing USMCA provisions regarding textile and apparel goods, automotive goods, etc. (July 2023, previously January 2023)

- 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 (July 2023, unchanged)

- 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 (August 2023, previously March 2023)

- 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 (September 2023, previously March 2023)

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

- a final rule implementing the rules of origin provisions for preferential tariff treatment under the USMCA (December 2023, previously June 2023; 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 (December 2023, previously June 2023; interim final rule issued July 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 2024, previously September 2023)

- a final rule requiring the transmission of advance electronic information for international mail shipments (May 2024, previously September 2023; interim final rule published March 2021)

- 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 (May 2024, previously September 2023; 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 exclusion orders issued by the International Trade Commission under section 337 of the 1930 Tariff Act (May 2024, previously September 2023)

Rulemakings Completed

- a final rule imposing a continuing education mandate on customs brokers 

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