Forced Labour and Other Customs Rules Expected Soon from CBP

Implementation of forced labour enforcement and duty-free imports are among the regulations U.S. Customs and Border Protection anticipates publishing in the next few months. The semi-annual regulatory agendas of the departments of Homeland Security and the Treasury list these and other regulations affecting international trade that could be issued within the next year. The expected timeframes for issuance of these rules are indicated in parentheses, as follows:

• a proposed rule to update, modernise and streamline the process for enforcing the prohibition against the importation of goods mined, produced or manufactured in any foreign country by convict or forced labour or indentured labour under penal sanctions (July 2022, previously March 2022; received by the Office of Management and Budget for review on 4 May 2021);
• an interim final rule implementing a provision of the Trade Facilitation and Trade Enforcement Act extending duty-free treatment to products exported and returned to the U.S. within three years after having been exported (August 2022; previously March 2022);
• a final rule consolidating CBP’s authority to manage both customs and immigration ports of entry (September 2022; previously February 2022);
• a final rule requiring the transmission of advance electronic information for international mail shipments (September 2022, previously March 2022; interim final rule published March 2021);
• a final rule allowing national customs broker permit holders to conduct customs business in all districts and updating the requirements on responsible supervision and control (October 2022, previously April 2022; proposed rule issued June 2020);
• a final rule amending the regulations pertaining to the importation of goods that violate or are suspected of violating the copyright laws in accordance with the TFTEA and certain provisions of the Digital Millennium Copyright Act (October 2022; previously August 2022);
• a proposed rule to update and modify the (a)(1)(A) list in the appendix to 19 CFR Part 163 – recordkeeping (October 2022; previously August 2022);
• a proposed rule to eliminate the paper-based bond application and approval processes and require all bonds to be filed by sureties using an electronic data interchange or email (December 2022; previously March 2022);
• a final rule eliminating a restriction pertaining to CBP’s authority to refund excessive duties, taxes, fees or interest imposed on distilled spirits, wine and beer to facilitate implementation of the Craft Beverage Modernization Act (December 2022, previously March 2021; interim final rule issued August 2018);
• a final rule creating a procedure for the disclosure of information otherwise protected by the Trade Secrets Act to a trademark owner when goods bearing suspected counterfeit trademarks have been voluntarily abandoned (January 2023, previously August 2021; proposed rule issued August 2019);
• a final rule imposing a continuing education mandate on customs brokers (February 2023; proposed rule issued September 2021);
• a final rule that would require customs brokers to verify the identity of importers and non-resident importers and would create a process for doing so that is contemporaneous with obtaining power of attorney (February 2023, previously June 2022; proposed rule issued in August 2019);
• a final rule to implement a mandatory Air Cargo Advance Screening programme for inbound aircraft with commercial cargo (February 2023, previously August 2022; interim final rule published November 2018);
• a final rule to debar from entering U.S. ports any vessel owned or chartered by an entity found to be in violation of certain laws and regulations relating to the performance of longshore work by non-immigrant crew members (March 2023; proposed rule issued April 2022); and
• a proposed rule seeking to promote the speed, accuracy and transparency of administrative rulings concerning the importation of articles that may be subject to exclusion orders issued by the U.S. International Trade Commission under section 337 of the 1930 Tariff Act (May 2023; previously May 2022).