Treasury Dept. Regulatory Agenda Mentions USMCA Rule on Textiles, Automotive Goods
The Treasury Department published its fall 2021 regulatory agenda for CBP. The agenda includes a new mention of an interim final rule to implement some major provisions of the USMCA. The agency seems to have missed the listed target date of November 2021 for the interim final rule.
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This rule will amend "part 182 of title 19 of the Code of Federal Regulations (CFR) (19 CFR part 182) to implement the provisions in USMCA Chapters 1, 2, 4, 5, and 6 related to general definitions, drawback and duty-deferral programs, textile and apparel goods, and automotive goods, and to revise the scope, general verification and determination of origin, and penalties provisions in part 182, as necessary," it said. "This document also includes the amendments to other parts of title 19 of the CFR necessary to fulfill CBP’s commitments in USMCA Chapters 2, 5, 6, and 7." It also "amends 19 CFR 24.23 to revise the merchandise processing fee provisions to clarify that ad valorem, surcharge, and other specific fees do not apply to goods under the USMCA, makes the necessary revisions to 19 CFR 24.36, and makes other conforming amendments to 19 CFR parts 113, 123, 141, and 144," it said. "CBP is also amending the recordkeeping provisions in part 163, including the Appendix to part 163 (known as the (a)(1)(A) list), to implement the recordkeeping requirements in USMCA Article 5.8, and the protest provisions in part 174 to implement USMCA Articles 5.15 and 7.15."
CBP previously published another interim rule to implement USMCA (see 2107010045), but said at the time it didn't include the automotive provisions because they "may be more expansive than previously anticipated."
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 time frame for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number.
Agenda Highlights
Highlights of Treasury's CBP rulemakings are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| Dog and Cat Protection Act |
| International Travel Merchandise |
| Inter Partes Proceedings Concerning Administration of Exclusion Orders Resulting From Final Determinations of the United States International Trade Commission Under Section 337 |
| Updates to (a)(1)(A) List |
| Merchandise Produced by Convict or Forced Labor or Indentured Labor Under Penal Sanctions |
| Elimination of Paper-Based Bond Applications and the Automated Processing of Bond Applications |
| Final Rule Stage |
| Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings |
| Enforce and Protect Act Regulations |
| Importations of Pesticides and Pesticidal Devices |
| Enforcement of Copyrights and the Digital Millennium Copyright Act |
| Refund of Alcohol Excise Tax |
| Removal of References to Customs Broker District Permit Fee |
| Goods Returned to the United States |
| Fee for Inbound Express Mail (Inbound EMS) Items |
| Amendment to Statement Processing and Automated Clearinghouse (ACH) |
| Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada |
| *Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to Textile and Apparel Goods, Automotive Goods, and Other USMCA Provision |
| *Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Tunisia |
| *Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Albania |
| *Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Material of Greece |
| *Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Material of Bolivia |