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CBP Pushes Back Effective Dates for Rules on TSCA, Vehicle Imports
January 25, 2017 |Top News

CBP will delay the regulatory effective dates on final rules on Toxic Substances Control Act filing in ACE that eliminates blanket negative certifications (here) and import filing for vehicles and engines (here). The change follows instructions from the White House on Jan. 20 to delay regulatory effective dates for any changes not yet in effect (see 1701230031). "In light of this memo, CBP has considered whether entities affected by these final regulations will need additional time to implement new systems or internal procedural changes," it said in both notices. "To provide additional time for affected entities to become familiar with the increased flexibilities and new processes of the final regulations, CBP believes that extending the effective date until March 21, 2017 is appropriate and will furnish the affected entities with sufficient additional time." Both the TSCA rule (see 1612230030) rule and the vehicle import rule (see 1612230040) were scheduled to be effective Jan. 26.

White House Directs Regulatory Freeze, Delays Effective Dates of Already Issued Rules
January 23, 2017 |White House

White House Chief of Staff Reince Priebus on Jan. 20 directed the heads of all executive branch departments and agencies to temporarily postpone until March 21 the effective dates of regulations published in the Federal Register that haven’t taken effect. The Trump administration will review “questions of fact, law, and policy” the regulations raise, Priebus said in the memo (here). The directive also instructs agencies to consider proposing for notice and comment rules to delay the effective date even longer “where appropriate and as permitted by applicable law,” with no further action needed for unsubstantial rulemakings and notification of the Office of Management and Budget for regulations that present substantial law or policy questions.

Automated Entry for de Minimis Imports a Top Priority for NCBFAA Under New Administration
January 23, 2017 by Tim Warren|Top News

CBP under the Trump administration should start by addressing several open issues related to imports of goods below the de minimis threshold, the National Customs Brokers & Forwarders Association of America said in a letter (here). The NCBFAA wrote to Department of Homeland Security Secretary John Kelly and Steven Mnuchin, the nominee to head the Treasury Department, on Jan. 20 with a list of priorities. The trade group raised concerns about the lack of targeting on goods that are below the de minimis level, which increased to $800 from $200 last year (see 1608250029). Imports below the de minimis level, known as Section 321 releases, can receive faster CBP processing.

Topics:Customs duty, Automated Commercial Environment (ACE), Manifest Confidentiality
CBP Clarifies FWS Suspension of Import and Export ACE Pilot
January 19, 2017 |Customs

CBP clarified that the Fish and Wildlife Service suspended both its ACE import and export pilots as of Jan. 12 (here). CBP also reiterated that FWS would take a new interim approach to tariff flagging. "Those tariff codes currently flagged as 'FW2' associated with government agency processing code EDS will remain flagged as FW2 and require the FWS 'EDS' Message Set in all cases," CBP said. "All other tariff codes currently flagged as 'FW2' will shift to 'FW1' with the ability to file a newly created disclaimer code 'E' that is specific to FWS or the EDS. FWS is working with CBP to program the inclusion of the FWS Designated Port Exception Permit. The timeline for implementation is dependent upon revision of the FWS Implementation Guide and CBP programming." FWS recently announced it would bring back its the designated port permitting to allow for entries at port without FWS staff present (see 1612140064).