CBP Nearing Proposal on Process Changes for Exclusion Order Rulings
CBP is working toward a proposed rulemaking "to amend its regulations by creating a new procedure that implements an inter-partes proceeding in respect of ruling requests submitted to CBP in connection with the administration of exclusion orders issued by the…
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U.S. International Trade Commission (ITC)," a CBP spokeswoman said. "The draft NPRM is undergoing internal formal review," she said. The “inter partes” procedures would allow for participation of both the importer and the rights holder during the exclusion order rulings process and would replace the ex parte process common to other types of rulings. Under current Part 177 regulations, administrative rulings on any subject -- whether classification, dutiability, valuation or whether a product is subject to an International Trade Commission exclusion order -- involve only the ruling requester. CBP previously said it hoped to publish a proposal in 2015 (see 1503020020). CBP declined to say when it expects publication.