CBP Plans New Rules on Customs Brokers, Prior Disclosure, CEEs, ACAS in 2015

Excerpt from Sandler, Travis & Rosenberg Trade Report | January 6, 2015

cbp rulesThe 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

– a final rule allowing U.S. Customs and Border Protection to disclose to an intellectual property right holder information appearing on merchandise or its retail packaging that may comprise information otherwise protected by the Trade Secrets Act for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark (February)

– separate proposed rules from the Alcohol and Tobacco Tax and Trade Bureau to update procedures forimports and exports of distilled spirits, wine, beer and tobacco products and implement the International Trade Data System all-electronic environment (April (imports) and May (exports))

– a CBP advance notice of proposed rulemaking on establishing a continuing education requirement for licensed customs brokers (June)

– a CBP proposed rule designed to encourage participation in the prior disclosure program and to enhance the effectiveness of the duty/revenue demand process (June)

– 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)

– a CBP proposed rule that would make various changes to increase the accuracy and reliability of the advance information submitted under the importer security filing rule (October)

– a CBP proposed rule to implement the Air Cargo Advance Screening pilot as a regulatory program (August)

– a final rule setting forth due process procedures for CBP to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges or remote location filing privileges (August)

– 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)

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

Regulations in Process

– a CBP rule finalizing the interim ISF regulations

– 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 CBP final rule that would reflect the planned centralization of the continuous bond program at CBP’s Revenue Division

– final rules amending the customs regulations to reflect free trade agreements with Singapore and Australia