CBP CROSS Rulings

DHS is drafting a proposed rule that could mandate electronic export manifest for all cargo leaving the U.S. by rail, according to the agency’s recently released fall 2023 regulatory agenda. The proposed rule would require filers of that electronic export information to “identify the parties eligible to transmit information, describe the time frames prior to departure of the train in which the information is due, and identify an initial filing that must occur 24 hours prior to departure from the port of export while requiring that remaining data be transmitted at least two hours prior to such departure.”

The proposed European Union forced labor trade ban waits to stop goods until after a government investigation finds the goods contain forced labor, in contrast to the U.S. approach, which automatically bans all imports that are suspected to be made with forced labor, without a separate investigation, trade lawyer John Foote said.

CBP recently completed a review of export-related penalties and found they were “all legitimate” despite some shippers claiming they were unfairly imposed, said Peter Russell, a program manager with CBP’s outbound enforcement policy branch. Russell said CBP began the review after exporters, forwarders and others complained they were receiving years-old penalties for filing violations or unfair redelivery notices for used vehicle shipments.

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Mexico's Foreign Affairs Secretary Alicia Bárcena, on her first trip to Washington, put USMCA first in her list of priorities, saying that in the less than 14 months left in the administration she is part of, she wants "to be able to bring certainty" in the NAFTA replacement, and to engage across all three countries in various sectors. "It's very important to consolidate this very important economic framework, and to make sure even if we are leaving in 13 months that this can remain as a powerful ... mechanism of trade and investment and economic development and partnership," she said at the Atlantic Council Aug. 10.

The Biden administration will complete its review of the Section 301 tariffs "this fall," U.S. Trade Representative Katherine Tai wrote to senators, and while she did not commit to any course of action, she wrote: "As part of the 4-Year Review of the Section 301 tariffs, USTR is reviewing the effectiveness of the tariffs in achieving the objectives of the investigation, as well as the effect of the tariffs on consumers, workers, and the U.S. economy at large. As part of this review, we are considering the existing tariffs structure and how to make the tariffs more strategic in light of impacts on sectors of the U.S. economy as well [as] the goal of increasing domestic manufacturing."

House lawmakers submitted a host of proposed export control- and sanctions-related amendments as part of the FY 2024 National Defense Authorization Act, including measures that could ease defense technology sharing restrictions, harmonize the Entity List with certain U.S. sanctions and investment restrictions and place new export control requirements on items destined to China and Iran. Other amendments could lead to new sanctions on Chinese technology companies and government officials, add the USDA to the Committee on Foreign Investment in the U.S., establish a new sanctions coordination office in the State Department and more.

CBP is inching closer to mandating electronic export manifest, with rail EEM the farthest along but air EEM still needing work, said David Garcia, program manager of the agency’s outbound enforcement and policy branch. Garcia said the agency is aiming to publish them in the Federal Register “within the next year or two.”

The Census Bureau is nixing plans to update its Automated Export System early with a new proposed export filing requirement for certain U.S. Munitions List exports, CBP said in a May 10 CSMS message. Census last week said it planned to update the AESDirect web application May 9 with the new data element (see 2305040024) even though it had just proposed the electronic export filing requirement one day earlier and was still soliciting public comments on the change, which are due July 3 (see 2305020007).

The Census Bureau this week previewed its new response code to prepare Automated Export System users ahead of a potential electronic export filing requirement for certain U.S. Munitions List items.