Energy and Commerce Approves U.S. Registered Agent Bill Without Importer Declaration
On July 21, 2010, the House Energy and Commerce Committee held a markup, amended, and approved H.R. 4678, the Foreign Manufacturer Legal Accountability Act of 2010.
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Committee Amendments Did Not Include an Importer Declaration
Although the Committee adopted amendments to H.R. 4678 during its mark up, trade sources have confirmed that the Committee did not adopt an amendment to require an importer declaration attesting to the importer’s belief, after appropriate inquiry, that the foreign manufacturer or producer of the covered product has a registered agent in the U.S.
According to the National Customs Brokers and Forwarders Association of America, such an amendment had been under discussion and NCBFAA recently sent a letter to the House Ways and Means Committee opposing such an amendment.
Still Risk of Importer Declaration Provision When House Considers Bill
Trade sources further state that an importer declaration amendment is a House Ways and Means Committee issue. Sources indicate that the House Ways and Means Committee is unlikely to have its own mark up of H.R. 4678, but will likely make changes to the bill, (which could include a possible importer declaration amendment) when H.R. 4678 comes to the House floor, possibly during the week of July 26, 2010.
Committee Adopted Amendments on Certification, Exclusions, Etc.
During the mark up, the Committee adopted Chairman Waxman’s (D) Manager’s Amendment, which:
- Adds information on what the term “foreign manufacturer or producer” excludes
- Adds information on certification requirements
- Changes the effective date of the registration requirement to 180 days after the date on which regulations to implement the bill’s requirement for registration of agents of foreign manufacturers authorized to accept service of process in the U.S. are prescribed.
The Committee also adopted an amendment that would require a study on defective Chinese drywall imported into the U.S.
(See future issue of ITT for detailed summary of H.R. 4678, as reported by the House Energy and Commerce Committee.
See ITT’s Online Archives or 07/16/10 news, 10071631, for BP summary of NCBFAA’s letter expressing concerns with H.R. 4678, including a possible importer amendment.
See ITT’s Online Archives or 06/25/10 news, 10062541, for BP summary of NCBFAA’s first letter to Ways and Means leaders requesting that the House Ways and Means Committee be given an opportunity to review the measure.
See ITT’s Online Archives or 07/01/10 news, 10070132, for BP summary stating that a House Energy and Commerce Subcommittee had amended and approved the measure. See ITT’s Online Archives or 03/25/10, 10032515, for BP summary of H.R. 4678 as introduced.)