Federal Communications Commission (FCC)

The ACE pilot on filing of data required by the Food Safety and Inspection Service (FSIS) is expected to end in June, said CBP (here), presumably opening up FSIS for full ACE filing. That will be followed in July by the end of ACE pilots on filing of Animal and Plant Health Inspection Service “core” (i.e., non-Lacey Act) data and National Marine Fisheries Service (NMFS) data. CBP has set a July 23 deadline for all entries and entry summaries under most entry types in ACE (see 1605200034). Pilots for APHIS Lacey Act, Food and Drug Administration (FDA) and National Highway Traffic Safety Administration (NHTSA) data are already over, with filing now open to all.

Import data for goods regulated by the Federal Communications Commission can be filed through CBP's Automated Commercial Environment (ACE) until July 1, when a waiver of FCC Form 740 requirements takes effect, the commission said Jan. 6 (here). The FCC issued the notice as a clarification of its plans to waive the requirements when the Automated Commercial System (ACS) is shut down and the use of ACE is required for electronic filing (see 1510190056), it said. "The Commission’s characterization in the Order of CBP’s ACS as the current system used for filing Form 740 information has been misinterpreted by some affected parties."

The Federal Communications Commission published a notice (here) in the Federal Register on the agency's plans to waive its Form 740 certification requirements for radio frequency (RF) devices imported between July 1 and Dec. 31, 2016. (see 1510200035). The temporary waiver allows time for the FCC to consider its proposal to eliminate importer declaration requirements entirely (see 1508110024), without imposing new burdens on importers that would otherwise be forced to file on paper once CBP's Automated Commercial Environment is required, the FCC said.

The Federal Communications Commission will temporarily waive its Form 740 certification requirements for radio frequency (RF) devices imported after CBP's Automated Commercial Environment becomes mandatory for FCC entries on July 1, it said in an order issued Oct. 19 (here). The waiver, which will remain in effect until Dec. 31, 2016, allows time for the FCC to consider its proposal to eliminate importer declaration requirements entirely (see 1508110024), without imposing “significant burdens” on importers that would otherwise be forced to file on paper once ACE is required, the FCC said. Given the complexity of the FCC rulemaking, it’s possible the commission will be “unable to reach and publish a final determination” by July 1, when CBP will no longer accept electronic filing of FCC Form 740 via its legacy Automated Commercial System, it said.

The Federal Communications Commission should be careful not to add new regulatory requirements if it eliminates use of FCC Form 740, the Telecommunications Industry Association said in comments to the FCC (here) on the agency's proposal to revise import requirements, among other things (see 1508110024). "Simply eliminating Form 740 will not achieve the FCC’s goal" to reduce administrative burdens "if the proposal simply shifts the obligation to importers to provide the same data elements to CBP," the trade group said. TIA and other filers, including Google and the CEA, offered general support for the end of Form 740, while seeking various tweaks to the FCC's proposal.

A Federal Communications Commission proposal to remove device certification requirements for importers needs some language changes to avoid unintended regulatory issues, said the National Customs Brokers & Forwarders Association of America. The trade group submitted its comments (here) to the agency on Sept. 21 in response to FCC plans to eliminate the import declaration filing requirements on FCC Form 740. While generally in favor of the proposed changes, some language tweaks are necessary to distinguish between the parties involved in import transactions, said the NCBFAA.

The Federal Communications Commission provided extra time for parties to comment on a July 17 proposed rulemaking on updating the rules that govern the evaluation and approval of radiofrequency devices. The American National Standards Institute Accredited Standards Committee C63, Consumer Electronics Association, Information Technology Industry Council and Telecommunications Industry Association had sought extra time, citing the complexity of the proceeding (see 1508110024). “The Commission does not routinely grant extensions of time in rulemaking proceedings,” the FCC said (here). “However, we believe that extensions of the comment and reply comment deadlines will provide parties with an opportunity to more fully analyze and respond to the complex technical issues raised in this NPRM, thus allowing development of a more complete record in these proceedings.” Comments were due Sept. 9, replies Sept. 22. The new deadlines are Oct. 9 for comments, Nov. 9 for replies.

The Federal Communications Commission should allow for more time for industry to consider some recently proposed changes to the agency certification requirements for radio frequency (RF) devices, said two telecom trade associations in a request for a comment deadline extension (here). Among other changes, the recently proposed rulemaking would end the requirement that importers of RF devices file certifications with CBP that their imports meet FCC import requirements (see 1508110024). The Telecommunications Industry Association and the Information Technology Industry Council asked that the FCC extend the comment and reply comment periods because "these questions address matters that raise a wide range of equipment approval issues of a technical, legal, and practical nature, impacting a diverse set of stakeholders, each of whom will need to closely analyze and consider the potential effect of the rule changes being considered." The "proposed changes directly impact the tens of thousands of [information and communications technology] products that must undergo the Commission’s Authorization process before marketing and sale is legal," the groups said.

The Federal Communications Commission intends to end the requirement that importers of radio frequency (RF) devices file certifications with CBP that their imports meet FCC import requirements, it said in a proposed rule issued Aug. 6 (here). The agency’s proposed rule would also implement electronic device labeling provisions signed into law in November; provide for provisional FCC certification of devices instead of requiring that devices with pending certifications be kept in bonded warehouses; increase the number of devices that may be imported for demonstration purposes at trade shows; and eliminate exemptions from importation requirements for several types of devices. Comments on the proposed rule are due Sept. 8.

While there has been some progress toward an International Trade Data System, the complexity of bringing together a disparate group of governmental bodies with differing statutory requirements continues to present some roadblocks, say government and industry officials. Still, there continues to be significant momentum from President Barack Obama's executive order in February that created a 2016 deadline for finishing ITDS (see 14021928), they said. For instance, the Federal Communications Commission (FCC), an agency that is involved in regulating some imports but is far less involved at the border as other agencies, reported some movement on its work with CBP, though its clear there's still much to be done.