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Treasury Dept. Regulatory Agenda Mentions Effort to Improve Prior Disclosure Process

The Treasury Department published its spring 2023 regulatory agenda for CBP. There are no mentions of any new trade-related rulemakings, though the agency did move two rules off its agenda to a lower-priority list of planned long-term actions. One of the rules would finalize in the customs regulations the increase of the de minimis level from $200 to $800 under the Trade Facilitation and Trade Enforcement Act of 2015. The other would amend CBP's regulations on disclosure of information regarding merchandise bearing suspected counterfeit trademarks by creating "a procedure for the disclosure of information otherwise protected by the Trade Secrets Act to a trademark owner when merchandise bearing suspected counterfeit trademarks has been voluntarily abandoned."

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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
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)
Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Uniform Regulations Regarding the Rules of Origin
Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions
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
Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to Textile and Apparel Goods, Automotive Goods, and Other USMCA Provisions
Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Tunisia