Treasury Issues its CBP Semi-Annual Regulatory Agenda

(The Department of Homeland Security (DHS) has also issued its CBP semi-annual regulatory agenda. See ITT's Online Archives or 12/18/06 news, 06121810, for BP summary of this DHS document.)

This agenda is a comprehensive list of the Treasury's CBP rulemakings at the proposed, 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.

Highlights of Treasury's CBP rulemakings (i.e. those regulations that pertain to 19 CFR) at the proposed or final stages, or that are long term actions are as follows:

Proposed Rule Stage (First Appearance in Treasury's Agenda)

Expanded Methods of Payment of Duties, Taxes, Interest, and Fees¹

Treasury states that this amendment would expand the number of ways that CBP would accept payment of duties, taxes, fees, interest, and other charges. Currently, the regulations allow for credit or charge cards, which have been authorized by the CBP Commissioner, to be used at designated customs-serviced locations with a limitation that this method of payment may only be used by noncommercial entities. Treasury states that this amendment would allow credit and charge cards authorized by the CBP Commissioner to be used for payment of duties, taxes, fees, interest, and other charges not related to formal consumption entries for consumption in U.S. commerce, warehouse withdrawals or quarterly user fees and by removing the limitation that these methods of payment may only be used for noncommercial entries.

Target date 12/06

Foreign Repairs to American Vessels; Consolidation of Vessel Repair Units

Treasury states that this document proposes to amend CBP regulations governing the location of CBP Vessel Repair Units (VRUs). Treasury states that as a result of a sustained decrease in the number of vessel repair entries filed, CBP is proposing to consolidate the VRUs by closing the VRUs located in San Francisco and New York and by requiring all vessel repair entries to be filed at the VRU in New Orleans. CBP also is proposing to amend the CBP regulations relating to the declaration, entry, and assessment of duty with regard to vessel repairs and purchases to advise that the enactment and implementation of free trade agreements between the U.S. and other countries may impact upon the dutiable status of vessel repair expenditures made in foreign countries that are parties to those agreements, and to require that, if a single entry bond is used for a vessel repair entry, the bond must be attached to the entry at the time of submission. In addition, this document proposes to amend the CBP regulations relating to claims for relief from the assessment of vessel repair duties to reflect a 2004 amendment to the vessel repair statute that created an exemption from vessel repair duties for the cost of certain equipment, repair parts, and materials.

Target date 12/06

¹ This is the second time that this rule is being proposed; it was first proposed in March 1999. (See ITT's Online Archives or 04/29/99 news, 99042871, for BP summary of Treasury's 1999 agenda, which included the first proposal of this rule.)

Proposed Rule Stage (Previously Appeared in Treasury's Agenda)

Final Rule Stage (First Appearance at Final Rule Stage in Treasury's Agenda)

NAFTA: Merchandise Processing Fee Exemption and Technical Corrections

Treasury states that this document proposes to amend the regulations regarding claims for the exemption of the Merchandise Processing Fee (MPF). The document would clarify that an importer is subject to the same declaration requirement that is established for claiming NAFTA duty preference in order to claim the exemption of the MPF for goods that meet a NAFTA rule of origin even when the goods are unconditionally free. Treasury adds that this document would make several technical corrections to the regulations, for example, the amendment clarifies that a Certificate of Origin is not required for a commercial importation for which the total value of originating goods does not exceed $2,500.

(See ITT's Online Archives or 08/24/06 news, 06082410, for BP summary of the proposed rule.)

Target date 06/07

Entry of Certain Cement Products from Mexico Requiring a Commerce Department Import License

Treasury states that this document proposes to amend 19 CFR in order to set forth special requirements for the entry of certain cement products from Mexico requiring a U.S. Department of Commerce (DOC) import license. The cement products in question are those listed in an import agreement on trade in cement between the Office of the U.S. Trade Representative, DOC, and Mexico's Secretaria de Economia, dated March 6, 2006. (See ITT's Online Archives or 03/16/06 news, 06031625 for BP summary of the agreement.) Treasury notes that the changes proposed in this document require the inclusion of an import license number on the entry summary documentation filed with CBP for any cement product for which the DOC requires under its cement licensing and import monitoring program as well as a valid Mexican export license with the entry documentation for cement covered by the import agreement.

(See ITT's Online Archives or 06/02/06 news, 06060230, for BP summary of the proposed rule.)

Target date 12/06

Final Rule Stage (Previously Appeared in Treasury's Agenda)

The prior regulatory agenda indicated that CBP would issue an interim final rule; instead, a proposed rule was issued on July 28, 2006.

³ Target date for interim final rule.

Long-Term Actions (Previously Appeared in Treasury's Agenda)

Harbor Maintenance Fee

Donated Cargo Exemption from Harbor Maintenance Fee

Reconciliation

North American Free Trade Agreement (NAFTA)-Implementation of Duty-Deferral Program Provisions

Treasury's Semi-Annual Agenda (FR Pub 12/11/06) available at http://a257.g.akamaitech.net/7/257/2422/11dec20060800/edocket.access.gpo.gov/ua061211/pdf/ua061016.pdf