Outdated Trade Regulations – CBP Open to Feedback | Customs & International Trade Law Blog

Whether or not you’re a seasoned importer or simply getting into the commerce world, maintaining with hundreds of pages of laws is usually a problem. 

A said precedence of the present administration is deregulation. On January 31, 2025, President Trump signed an Govt Order titled “Unleashing Prosperity By Deregulation.” The Order requires that every time an company promulgates a brand new rule, regulation, or steerage, it should determine at the least 10 present guidelines, laws, or steerage paperwork to be repealed.

Eventually month’s Commerce and Cargo Safety Summit, CBP stated they and their accomplice businesses are in search of suggestions on what laws are out of date or just don’t replicate the truth of the present commerce surroundings.

Right here’s a sampling of some potential obscure and out of date laws that CBP might take into account revisiting (what are your additions to this checklist?):

Permitting Non-Resident Importers to Act as an Importer of File within the U.S.

Though there are numerous entities that legitimately use the exception present in 19 CFR 141.18, which permits non-resident companies to make entry of products into the U.S. (as an importer of file), corporations also can achieve this with malicious intent. The non-resident entity solely wants a U.S. agent for service of course of and a customs bond. This explicit exception is one {that a} dangerous actor can use surreptitiously. For instance, a non-resident importer can create a shell entity to behave because the importer of file and/or U.S. agent that may simply shut down operations to keep away from CBP enforcement and cost of duties. That is an exception that CBP can take into account eradicating from the laws, forcing entities to be legally registered within the U.S. to change into an importer of file (CBP might additionally go so far as requiring the entity to have a U.S. checking account).

Obligation-Free Bolting Fabric

19 C.F.R. §10.58 discusses conditions for a duty-free importation of silk bolting material whether it is indelibly marked with the phrase: “Bolting material expressly for milling functions.” The phrase have to be marked from selvage to selvage at intervals of no more than 10.16 centimeters in block letters 7.62 centimeters in top. Are these marking necessities archaic? Does the exemption replicate trendy industrial milling, which makes use of artificial fibers akin to polyester or nylon?

Fee of Obligation Dependent Upon Precise Use

19 C.F.R. § 10.131 permits importers to learn from a decrease or free obligation price primarily based on how merchandise is definitely used. For instance, artificial supplies can be utilized for basic industrial functions (larger obligation price) or for manufacturing particular merchandise (low or free obligation price). To learn from the low or free obligation price, the importer should meet strict necessities, together with furnishing proof of use from the top person or the supervisor of the manufacturing plant. Is that this requirement archaic? Technically, is it not troublesome for CBP to implement and burdensome for importers to learn from (and maybe price eradicating)?

Nation of Origin and Marking Necessities

All merchandise imported into the U.S. will need to have a rustic of origin marking that designates the nation of origin. For some product classes akin to meals and textiles, the label should include much more info. Some commerce stakeholders have argued that these necessities have to be revisited and CBP ought to take into account implementing an digital labeling system. Do you agree? 

Half 171, Subpart E – Restoration of Proceeds of Sale

Title 19 CFR Half 171 Subpart E units out the necessities for people or corporations to request the return of proceeds from the sale of seized property. This half implements part 613 of the Tariff Act of 1930 which governs the order by which the proceeds from the sale of seized or forfeited items are utilized:

To cowl the prices of the seizure and sale (e.g., storage, public sale charges)
To pay any courtroom prices
To fulfill duties and taxes owed
The remaining steadiness is paid into the U.S. Treasury, except somebody efficiently petitions for restoration beneath different provisions (like 19 CFR § 171 Subpart E).

Petitioning for the restoration of proceeds of sale shouldn’t be a standard apply and it’s unclear whether or not this provision continues to be sensible and whether or not trendy importers take into account this a viable possibility.

Half 171, Subpart F – Expedited Petitioning Procedures

The expedited petitioning procedures present a proper course of by which importers or different claimants can request sooner administrative decision of petitions for reduction from Customs penalties, seizures, or forfeitures. The present course of doesn’t adequately replicate the tempo and complexity of recent world commerce. CBP might revisit the laws to streamline the method and supply a clearer and extra clear path to acquire an expedited evaluate (or take away it if it won’t really be honored even when rightfully requested).

Contact Diaz Commerce Regulation for Help Navigating CBP Laws

Diaz Commerce Regulation has years of expertise navigating the complicated net of commerce guidelines and laws. Whether or not you might be creating your first compliance program or have been importing for many years, we may help guarantee your importing practices are compliant.

These are only a few of the outdated CBP laws we expect are due for a severe replace, however we all know there are loads extra on the market. What are the legacy guidelines you’d wish to see revised or eradicated? Drop a remark or get in contact – 305-456-3830 or information@diaztradelaw.com.

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