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ACE, ISF, In-Bond, Broker, Other CBP Rules May Advance This Year

Excerpt from: Sandler, Travis & Rosenberg Trade | May 24, 2016

The departments of Homeland Security and the Treasury recently issued their semiannual regulatory agendas, which list the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. The expected timeframes for issuance of these rules are indicated in parentheses.

Upcoming Regulations

• separate proposed rules from the Alcohol and Tobacco Tax and Trade Bureau to update procedures for imports and exports of distilled spirits, wine, beer and tobacco products and implement the International Trade Data System all-electronic environment (May (previously March) for imports and October (unchanged) for exports)

• a final rule setting forth due process procedures for U.S. Customs and Border Protection to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges or remote location filing privileges (June (unchanged))

• a CBP proposed rule requiring filers submitting entry or entry summary data electronically in the Automated Commercial Environment to also file associated International Trade Data System agency data electronically in ACE, subject to limited exceptions (July; first time published)

• a final rule to enhance CBP’s ability to regulate and track in-bond merchandise and ensure that it is properly entered or exported (July (previously January))

• a CBP interim final rule shifting authority to make certain decisions regarding customs transactions from port directors to directors of the Centers of Excellence and Expertise (July (previously June))

• a CBP proposed rule to expand the definition of “importer” under the importer security filing rule for certain types of shipments to ensure that the party that has the best access to the required information is the party responsible for filing the ISF (August)

• a CBP proposed rule to implement the Air Cargo Advance Screening pilot as a regulatory program (September (previously March))

• a TTB final rule updating and reissuing regulations pertaining to minimum manufacturing, marking and importer permit requirements for tobacco products and cigarette papers and tubes (September (unchanged))

• a CBP proposed rule to update the customs broker examination procedures (December; this appears to be a narrowing of a previously listed proposed to make broader changes to the customs broker regulations)

• a CBP final rule reflecting that the Automated Commercial System is being phased out as a CBP-authorized electronic data interchange system for the processing of electronic entry and entry summary filings (December; interim final rule issued October 2015)

• a CBP final rule removing regulations addressing flights to and from Cuba (January 2017; first time published)

Regulations in Process

• a CBP proposed rule to give effect to certain liberalized changes to the NAFTA preference rules of origin that have been agreed to by the U.S., Canada and Mexico

• a final rule amending the CBP regulations to reflect a free trade agreement with Singapore

Recently Completed Regulations

The following has been issued in the last few months and thus removed from the regulatory agenda.

• a final rule amending the CBP regulations to reflect an FTA with Australia