Treasury Issues its CBP Semi-Annual Regulatory Agenda

Sources have previously stated that this agenda is a comprehensive list of rulemakings at the proposed, final, long-term, and completed stages. For the rulemakings that are still pending completion, the agenda lists the regulation title, an estimate of the timeframe for the next regulatory actions, a brief description of the regulation, and a contact party name and telephone number.

(See ITT's Online Archives or 07/02/04 news, 04070225, for BP summary of the DHS' portion of CBP's semi-annual regulatory agenda.)

Treasury's semi-annual regulatory agenda contains the following CBP rulemakings (i.e. those regulations that pertain to Chapter 19 of the Code of Federal Regulations (CFR)):

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

Uniform Rules of Origin

Treasury states that this proposed rule would contain an amendment to set forth uniform rules for determining the country of origin of imported goods.

According to CBP sources, this proposed rule would revive a January 3, 1994 proposed rule (which was subsequently amended in May 1995) to make the North American Free Trade Agreement (NAFTA) 'Marking Rules of Origin' uniformly applicable to all merchandise imported into the U.S. In June 1996 CBP announced that the January 1994 proposed rule, as amended, would not be adopted as a final rule at that time and would instead remain under consideration for implementation at a later date.

(See ITT's 01/03/94 news, (Ref:93123092), for BP summary of January 1994 proposed rule. See ITT's 05/05/95 news, (Ref:95050475), for BP summary of the amendment of this proposed rule. See ITT's 06/06/96 news, (Ref:96060515), for BP summary of CBP's decision not to adopt this proposed rule but to have it remain under consideration for implementation at a later date.)

Target date for proposed rule 10/04

Recordation of Copyrights and Enforcement Procedures to Prevent Importation of Piratical Articles

Treasury states that this proposed rule would allow CBP to be more responsive to claims of piracy. The proposed rule would allow sound recordings and motion pictures or similar audio-visual works to be recorded with CBP while pending registration with the U.S. Copyright Office. The proposed rule would also enhance protection of all non-U.S. works by allowing recordation without requiring registration with the U.S. Copyright Office. In addition, the proposed rule would set forth changes to CBP's enforcement procedures, including, among other things, enhanced disclosure provisions, protection for live musical performances and provisions to enforce the Digital Millennium Copyright Act.

Target date for proposed rule 06/04

Revision of Outbound Redelivery Procedures and Liabilities

Treasury states that this proposed rule would amend the condition in an international carrier bond regarding the unlawful disposition of merchandise in order to allow CBP to better control the exportation of merchandise and to have more control over demands for redelivery. Treasury states that conditions of the bond would be amended to no longer require the merchandise to be labeled as seized and detained for the principal to be required to obtain permission from CBP prior to placing the merchandise on board a conveyance for export or otherwise disposing of the merchandise. Instead of the condition being applicable when CBP labels merchandise, the condition would be applicable when CBP notifies the principal either in writing or electronically that the merchandise has been seized or detained.

Target date for proposed rule 08/04

Centralization of the Continuous Bond Program at National Finance Center

According to Treasury, this proposed rule would contain an amendment to reflect CBP's planned centralization of the continuous bond program at its National Finance Center (NFC). Pursuant to this centralization, all continuous bonds would be filed at the NFC via mail, fax, or in an electronic format. The NFC would assume most of the bond functions previously performed at the port level, with the noted exception that the authority to approve single transaction bonds will remain with port directors. These changes would support CBP's bond program by ensuring an efficient and uniform approach to the approval, maintenance, and periodic review of continuous bonds.

Target date for proposed rule 09/04

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

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

first time appears in Treasury's semi-annual regulatory agenda.

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

1. CFR 12 Entry of Softwood Lumber Shipments from Canada

Entry of Softwood Lumber Shipments from Canada

Treasury's semi-annual agenda (FR Pub 06/28/04) available at http://a257.g.akamaitech.net/7/257/2422/15mar20010800/edocket.access.gpo.gov/ua040628/pdf/ua040416.pdf