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Treasury Dept. Regulatory Agenda Includes Details on Proposed Rule on de Minimis

The Treasury Department published its fall 2023 regulatory agenda for CBP. The agenda includes a new mention of a proposed rule to amend CBP’s regulations on the entry of “certain low-value shipments not exceeding $800 that are eligible for an administrative exemption from duty and tax.”

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The proposal would create a new process for de minimis shipments, “allowing CBP to target high-risk shipments more effectively, including those containing synthetic opioids such as fentanyl,” the agency said. It also would “revise the current process for entering low-value shipments to require additional data elements that would assist CBP in verifying eligibility for duty- and tax-free entry of low-value shipments and bona-fide gifts.”

CBP has said the long-planned rule will include lessons the agency learned from its Section 321 data pilot and its test of entry type 86, replacing both programs with the new de minimis procedures (see 2305190036). The agenda said the proposed rule is scheduled for publication in April 2024.

The agenda lists Treasury's CBP rulemakings that are pending at the proposed, interim final, final and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the time frame for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number.

Agenda Highlights

Highlights of Treasury's CBP rulemakings are below. New items are marked with an asterisk (*).

Proposed Rule Stage
Dog and Cat Protection Act
International Travel Merchandise
Inter Partes Proceedings Concerning Administration of Exclusion Orders Resulting From Final Determinations of the United States International Trade Commission Under Section 337
Merchandise Produced by Convict or Forced Labor or Indentured Labor Under Penal Sanctions
Elimination of Paper-Based Bond Applications and the Automated Processing of Bond Applications
Entry of Low-Value Shipments*
Final Rule Stage
Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings
Enforce and Protect Act Regulations
Importations of Pesticides and Pesticidal Devices
Enforcement of Copyrights and the Digital Millennium Copyright Act
Refund of Alcohol Excise Tax
Goods Returned to the United States
Fee for Inbound Express Mail (Inbound EMS) Items
Amendment to Statement Processing and Automated Clearinghouse (ACH)
Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada
Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Tunisia
Amendment of Import Restrictions on Ethnological Material of Peru*
Elimination of Debit Voucher Interest Calculated Under 19 CFR 24.3a*
Extension and Amendment of Import Restrictions Imposed on Archaeological and Ethnological Material of Cambodia*
Import Restrictions Imposed on Archaeological and Ethnological Material of Yemen*