Friday, December 07, 2012

Customs Reauthorization Introduced

For ages, the trade has been expecting a bill to continue funding Customs and Border Protection and to make changes to facilitate legitimate trade. A bill has been introduced by Ways & Means Trade Subcommittee Chair Kevin Brady (R-TX) covering some of that ground. Here is a link to the bill summary. Here is the full text.

A few highlights include:
  1. Section 102(b) creates the office of Trade Advocate to serve as a liaison between the trade and Customs and Border Protection
  2. Field Operations would be transferred to the Office of International Trade under Section 102(d)
  3. The creation of an inter-agency Customs Review Board to provide comments on proposed regulatory changes
  4. Under Section 203, CBP must provide to Congress a report on its plans for completing the implementation of ACE
  5. A prohibition on agencies using ITDS from also using other electronic systems for cargo clearance
  6. It appears that cargo data previously only used for cargo safety and security will now be available for targeting for commercial enforcement. See Section 211(b).
  7. Joint training with the private sector to improve tariff classification and the enforcement of antidumping and countervailing duty measures. See Section 217.
  8. New requirements for non-resident importers to maintain an agent in the United States to accept service of process and potentially be liable for penalties. Section 224.
  9. The creation of a Certified Importer Program under Section 225. This gives a statutory right to expedited release for Tier 2 and Tier 3 participants in C-TPAT and ISA.
  10. The immediate release to a rights holder of an image or sample of imported merchandise suspected of infringing a U.S. copyright or trademark. Section 231.
  11. Provisions for the prevention of recurring evasions of antidumping and countervailing duty orders
  12. Increasing the de minimis value for purposes of imports from $200 to $800 in Section 402.
  13. Increasing the value threshold for formal entries to $2500, also in Section 402.

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