Treasury Dept. Regulatory Agenda for CBP Includes Rulemaking to Require Electronic Entry Filing in ACE
The Treasury Department published its spring 2015 regulatory agenda for CBP (here), which lists a planned interim final rule that would establish the Automated Commercial Environment as the only means of electronic entry filing. There's also a new rulemaking listed that would relax documentation requirements for drawback claims.The 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 also issued its spring 2015 regulatory agenda for CBP (see 1505220006).
The new ACE interim final rule would update CBP regulations to require that as of Nov. 1 "all electronic entry/entry summary filings (also known as cargo release and related entry filings)" be filed through ACE, the agency said (here). The rule will also reflect that entry and entry summary filings may not be filed through the Automated Commercial System after that date. The agenda also now includes a final rule to remove some requirements for proof of exportation as part of a drawback claim (here). The rule will "reflect that there is no longer a legal requirement that the export invoice for mail shipments be certified." A previously listed rulemaking on prior disclosure and lost duty or revenue demands when a penalty claims is not issued is now among the agency's "long-term actions" with a target date now "to be determined" (here).
Agenda Highlights
Highlights of Treasury's CBP rulemakings are below. New items are marked with an asterisk (*).
| Regulation Title | Target Date |
|---|---|
| Proposed Rule Stage | |
| International Travel Merchandise | 12/15 |
| North American Free Trade Agreement Preference Override | 12/15 |
| Interim Rule/Final Rule Stage | |
| United States-Caribbean Basin Trade Partnership Act and Caribbean Basin Initiative | 12/15 |
| Dog and Cat Protection Act | 11/15 |
| Trade Benefits Under the Caribbean Basin Economic Recovery Act | 12/15 |
| United States-Singapore Free Trade Agreement | 09/15 |
| CBP's Bond Program | 06/15 |
| United States-Australia Free Trade Agreement | 12/15 |
| Changes to the In-Bond Process | 08/15 |
| Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border | 06/15 |
| Establishment of Due Process Procedures on License-Like Processes | 12/15 |
| Liberalization of Certain Documentary Evidence Required as Proof of Exportation 0n Drawback Claims | 11/15 |
| Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings | 11/15 |