Regulatory Agencies Tout Deregulation in 2017 Unified Agenda
Regulatory agencies with oversight on imports and exports released their plans for upcoming rulemaking as part of the 2017 Unified Agenda. As the first regulatory agenda issued by the Trump administration, the new version touts the withdrawal of "469 actions proposed in the Fall 2016 Agenda," as well as the reconsideration of "391 active actions by reclassifying them as long term (282) and inactive (109), allowing for further careful review." New regulations are listed from the Department of Agriculture, the National Oceanic and Atmospheric Administration and the Consumer Product Safety Commission.
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Notable in this latest Unified Agenda is the creation of an "inactive list," which includes rulemakings that are "still being reviewed or considered." The new section lists as inactive upcoming regulations that would remove an exemption for wood packaging materials from Canada, as well as a controversial Consumer Product Safety Commission proposal to make corrective action plans legally binding.
(NOTE: This is not an exhaustive list of import/export-related regulations scheduled in the Unified Agenda. Many regulations appear in every edition of the agenda and are continually postponed. The rules listed below reflect new additions and notable changes from past agendas. See the full Unified Agenda for more detail.)
APHIS Plans to Finalize Lacey Act Exemption, Puts Canada Wood Packaging Changes on Hold
At the Agriculture Department, the Animal and Plant Health Inspection Service plans to publish a new proposed rule in August that would exempt products containing composite plant materials from Lacey Act declaration requirements, it said. The proposal would also establish "an exception to the declaration requirement for products containing a minimal amount of plant materials," it said. "Both of these actions would relieve the burden on importers while continuing to ensure that the declaration requirement fulfills the purposes of the Lacey Act." APHIS also said it plans in April 2018 to finalize recently proposed changes to its regulations on importation of genetically engineered organisms (see 1701180058).
On the other hand, long-expected plans to eliminate an exemption from marking and treatment requirements for wood packaging materials from Canada evidently are on hold, now appearing on the agency's "inactive list." The same goes for a recently proposed overhaul of the APHIS plant pest import regulations (see 1701180029), as well changes to Lacey Act forfeiture procedures that would increase the threshold for referral to federal court and provide for recovery of costs related to APHIS storage of seized merchandise (see 1605230034).
New Energy Department Entry Filing Requirements Still on Agenda
One rulemaking that was not transferred over to the "inactive list," despite some opposition in the trade community, is regulatory changes that would set new ACE filing requirements for goods subject to DOE energy efficiency standards. The final rule is scheduled for publication in November, according to DOE's regulatory agenda. Trade groups have called on DOE to withdraw the proposal (see 1512290020), saying it is unnecessarily burdensome and acts as a "new import barrier (see 1603160021).
Commerce Set to Propose Seafood Importer Trusted Trader Program
The National Oceanic and Atmospheric Administration is set to move forward on plans to create a trusted trader program for seafood importers, according to the Commerce Department's regulatory agenda. Listed as set for publication in June 2017, a NOAA proposed rule on the Commerce Trusted Trader Program would seek to "provide benefits such as reduced targeting and inspections and enhanced streamlined entry into the United States for certified importers," NOAA said. The proposal would establish participant criteria, monitoring procedures, and secure supply chain and recordkeeping requirements. Participants would be exempt from certain Seafood Import Monitoring Program entry filing requirements, it said.
CPSC Plans Testing Burden Reduction for Manufactured Wood
The Consumer Product Safety Commission plans to issue a series of safety standards, including on high chairs, infant bouncer seats, children's folding chairs and stools, and baby changing products. Also included on its regulatory agenda is a proposed rule, designed to "reduce the cost of third party testing requirements," that would amend requirements for "third party testing of manufactured wood for phthalates and the ASTM F963 elements," it said. Meanwhile, changes to filing requirements for certificates of compliance that are now the subject of ongoing pilot programs, as well as a proposal to make corrective action plans legally binding, are now on hold on CPSC's "inactive list."