Tim Warren

Congress voted to approve surface transportation reauthorization legislation that would increase customs user fees, including the merchandise processing fee (MPF) and broker permit fees, on Dec. 3. The bill provides funding for federal highway and other transportation projects through 2020. The Fixing America’s Surface Transportation (FAST) Act (here), which also includes reauthorization for the Export-Import Bank, will next go to President Barack Obama to be signed into law.

House Speaker Paul Ryan, R-Wis., appointed three former House Ways and Means Trade Subcommittee Chairmen to complete customs reauthorization legislation, Ryan said (here). The appointments followed a House vote on Dec. 1 that approved proceeding with a conference to resolve differences between the House and Senate versions of the customs bills (here). Ryan named Reps. Kevin Brady, R-Texas, Pat Tiberi, R-Ohio and Dave Reichert, R-Wash., to represent the House Republicans in the conference committee. House Minority Leader Nancy Pelosi, D-Calif., chose Reps. Sandy Levin, D-Mich., and Linda Sanchez, D-Calif., as the House Democrats on the committee, Pelosi said (here).

Congressional members of the surface transportation bill Conference Committee reached an agreement on a five-year reauthorization, said Rep. Bill Shuster, R-Pa., the chairman of the Conference Committee (here). The Fixing America’s Surface Transportation (FAST) Act (here) would fund federal surface transportation programs through fiscal year 2020 and refocus "those programs on addressing national priorities," said a joint statement from the committee (here). Some of the funding for the highway funds will come from an increase in customs user fees, a provision that is considered "disastrous" by the National Treasury Employees Union.

Rubbermaid-brand "pop-up" cones that include written warnings shouldn't be classified as "other printed matter," CBP said in HQ H185698 (here), a July 24 internal advice ruling. Rubbermaid "is undergoing a Focused Assessment and sought classification guidance on the subject merchandise from the Port of Norfolk," said CBP. The company argued that multiple types of cones, made from either plastic or fabric, were best classified in heading 4911 as other printed matter, but CBP disagreed on whether the products provide a "barrier function."

Weight-based exclusions to antidumping and countervailing duty orders from the Commerce Department on pasta imports applies to the individual packages, CBP said in an internal advice ruling on Sept. 3 (here). CBP's ruling involved Avalon Risk Management, a surety with an unresolved legal claim following the importer's failure to pay the CV duties. While Avalon submitted a further review of protest, CBP said the issue isn't protestable due to the agency's ministerial role in applying Commerce's instructions. CBP instead considered an internal advice request from the Port of Boston on the same issues in ruling HQ H258302.

The Treasury Department published its fall 2015 regulatory agenda for CBP (here), which lists no new trade-related rulemakings. 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 1511200014).

The Department of Homeland Security (DHS) published its Fall 2015 regulatory agenda for CBP (here). The agenda includes a new rulemaking on the modernization of customs broker regulations (here). A source of discussion for several years now, the inclusion of the rulemaking for broker regulations marks a step toward formal action. CBP Assistant Commissioner Brenda Smith recently said a proposed rule on Part 111 may face some delay due the Automated Commercial Environment, which is seen as a priority (see 1511040068). The agenda mentions June of 2016 as a target date for the proposed rulemaking.

The elimination of "hybrid" customs filings that are both in paper form and electronic may force some companies to revert to paper filing, a worrisome prospect that "could severely impact the economy," said UPS in comments to CBP (here). Any "process that requires a full paper submission seems to contrast" with CBP's automation goal, the company said." Neither CBP, the [Partner Government Agencies] nor the Trade have the human capital to return to such an antiquated process," it said. The company's comments were in response to CBP's interim final rule and proposal that outlined the agencies plans to make the Automated Commercial Environment mandatory and wind down the Automated Commercial System (see 1510090017).

The Food and Drug Administration released final rules for several Food Safety Modernization Act regulations. The final rules on the foreign supplier verification programs (FSVP) (here), accredited third-party certification (here) and produce safety (here), are scheduled for publication in the Federal Register on Nov. 27. The compliance requirements of the FSVP will affect some importers 18 months after the rule's official publication, said the FDA fact sheet on FSVP (here).

CBP will adopt a final rule on the centralization of the agency's continuous bond program that doesn't include several previously proposed provisions, CBP said in a notice (here). A CBP proposal in 2010 (see 10011105) mentioned numerous changes that the agency decided to avoid due to other regulatory updates, it said. The agency also added some new changes in response to public comments it received, CBP said. The rule is effective Dec. 14.