Treasury Dept. Regulatory Agenda for CBP Includes Broker Filer Code Revocation Final Rule
The Treasury Department recently published its fall 2013 regulatory agenda for CBP, which lists three new items in the works, including amendments to CBP regulations that would add new notice requirements and appeal procedures for when CBP suspends or revokes an entry filer code or discontinues the ability to use immediate delivery and remote location filing (RLF) programs. The potential changes, proposed in February (see 13022521), are a major concern for the National Customs Brokers and Forwarders Association of America, which has said it would likely seek legal action if CBP were to try and revoke an entry filer code (see 13043021).
(This agenda lists Treasury's CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number. The Department of Homeland Security has also issued its fall 2013 regulatory agenda for CBP (see 14010612).
Agenda Includes 3 New Items
- Treasury is targeting February for a final rule on "Establishment of Due Process Procedures on License-Like Processes ." The final rule will amend the CBP regulations to set forth due process procedures for CBP to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges, or RLF privileges. These changes will codify in the regulations due process procedures consistent with the Administrative Procedure Act before CBP takes action on these programs depriving an importer of these privileges.
- Treasury is targeting January for a proposed rulemaking on "Documentation Related to Goods Imported From U.S. Insular Possessions." This rule would "provide a pre-seizure procedure for disclosing information about imported merchandise suspected of bearing a counterfeit mark for the limited purpose of obtaining the right holder's assistance in determining whether or not the mark is counterfeit."
- Treasury is targeting June for a final rule on "United States--Panama Trade Promotion Agreement ." The proposed amendments would finalize regulations within the U.S.-Panama Trade Promotion Agreement. CBP previously issued an interim final rule on the trade agreement.
The full list of Treasury's fall 2013 agenda for CBP, which added three new items, is below. Items not included in last year's regulatory agenda are marked with an asterisk (*).
Agenda Highlights
Highlights of Treasury's CBP rulemakings that are at the proposed, interim final/final, or completed stages are as follows:
| Regulation Title | Target Date |
| Proposed Rule Stage | |
| Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued | 03/14 |
| Records Required for the Entry of Merchandise Under Certain Preferential Trade Programs | 03/14 |
| International Travel Merchandise | 03/14 |
| North American Free Trade Agreement Preference Override | 02/14 |
| *Documentation Related to Goods Imported From U.S. Insular Possessions | 01/14 |
| Interim Rule/Final Rule Stage | |
| User and Navigation Fees; Other Reimbursable Charges | 02/14 |
| African Growth and Opportunity Act and Generalized System of Preferences | 01/14 |
| United States-Caribbean Basin Trade Partnership Act and Caribbean Basin Initiative | 01/14 |
| Dog and Cat Protection Act | 01/14 |
| Trade Benefits Under the African Growth and Opportunity Act | 01/14 |
| Trade Benefits Under the Caribbean Basin Economic Recovery Act | 06/14 |
| United States-Singapore Free Trade Agreement | 06/14 |
| CBP's Bond Program | 06/14 |
| United States-Australia Free Trade Agreement | 06/14 |
| Members of a Family for Purposes of Filing a CBP Family Declaration | 01/14 |
| Changes to the In-Bond Process | 01/14 |
| Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border | 02/14 |
| *United States-Panama Free Trade Agreement | 06/14 |
| *Establishment of Due Process Procedures on License-Like Processes | 02/14 |