CBP will continue to test predeparture manifest filing for exports within ACE for air cargo, it said in a notice Dec. 22. The test will continue for another two years, CBP said. The agency previously expanded the test to more participants and made some data elements optional in 2017.
The White House is reviewing a draft proclamation about the five-year Harmonized Tariff Schedule update to implement changes to the World Customs Organization’s Harmonized System, the National Customs Brokers & Forwarders Association of America said in a Dec. 20 email to members. "For the WCO HS2022 to be effective, a proclamation from the White House must be published in the Federal Register," the trade group said. "These new tariff changes will then go into effect 30 days following publication. We have learned that a draft proclamation has been provided to the White House for review." CBP recently said the changes wouldn't take effect Jan. 1 and that it planned to continue to use the current HTS until more guidance is given (see 2112170068).
CBP “understands” that the five-year Harmonized Tariff Schedule update to implement changes to the World Customs Organization’s Harmonized System will not take effect Jan. 1, 2022, it said in a CSMS message. “CBP is awaiting formal direction for this update, which will be implemented by Presidential Proclamation and published in the Federal Register. In the interim, CBP will continue to use the current harmonized tariff schedule and encourages the trade community to do the same until further guidance is provided.”
The Environmental Protection Agency released a final rule Dec. 9 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 45 chemical substances subject to Premanufacture Notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect Feb. 8, 2022. The SNURs cover the following:
The Drug Enforcement Administration plans to temporarily add seven synthetic benzimidazole-opioid substances -- butonitazene, etodesnitazene, flunitazene, metodesnitazene, metonitazene, n-pyrrolidino etonitazene, and protonitazene -- to Schedule I of the Controlled Substances Act, it said in a notice of intent released Dec. 6. Once the temporary scheduling order is published, it will be in effect for up to three years, the DEA said.
The Drug Enforcement Administration is proposing to list methoxetamine (MXE), a member of the arylcyclohexylamine class of drugs with dissociative anesthetic and hallucinogenic properties, similar to phencyclidine (PCP) and ketamine, under Schedule I of the Controlled Substances Act, it said in a notice released Dec. 6. “If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle, methoxetamine.” Comments are due by Feb. 7.
The Environmental Protection Agency published a final rule Nov. 15 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for five chemical substances subject to Premanufacture Notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect Jan. 14, 2022. The SNURs cover the following:
The Fish and Wildlife Service is issuing a final rule listing the Atlantic pigtoe, (Fusconaia masoni), a freshwater mussel species from Virginia and North Carolina, as threatened under the Endangered Species Act. Listing includes a 4(d) rule for this species that prohibits importation and exportation without a permit. New import and export restrictions set by the agency’s final rule take effect Dec. 16.
The Census Bureau hasn’t yet decided whether to eliminate export filing requirements for shipments to Puerto Rico and the U.S. Virgin Islands, despite struggling to find a legitimate, alternative data source for those filings. A Census official suggested in September the agency was unlikely to move forward with a rulemaking to eliminate the requirements because no alternative data source had been found (see 2109140037), and said a final decision on the rule would be made within days. But two months later, it’s still under review, a Census spokesperson said Nov. 15.
The Animal and Plant Health Inspection Service will, beginning Jan. 1, 2022, print phytosanitary certificates for export and reexport on plain paper, it said by email Nov. 10. “The use of plain paper and the continued implementation of electronic phytosanitary certificates (ePhyto) worldwide illustrate that commodities can be safely and successfully traded without traditional security paper,” it said. For companies that use the Authorized Entity role, all certificates will still need to be physically signed by the Authorized Certification Officials (ACOs), APHIS said. “All other companies will be able to print their approved phytosanitary certificates upon approval, as long as the ACO has their signature uploaded in PCIT,” and “will receive notifications through PCIT when their phytosanitary certificates are ready to print,” the agency said. “If the ACO does not have a signature uploaded, the phytosanitary certificate will still be printed by the ACO on plain paper, hand signed, and distributed like current practices.“