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AAEI Questions Timing of Australia FTA Interim Rules

It's unclear why CBP would move forward with interim rules for the FTA with Australia a decade after the fact, said the American Association of Exporters and Importers in comments (here). CBP requested comments on the interim rule in February (see 1502090007). The association found it "curious that CBP should issue interim regulations at this time" and asked "why CBP is issuing regulations which will change supply chain rules after ten (10) years of AFTA implementation?" Although the agreement entered into force in 2005, CBP had not yet issued implementing regulations.

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The trade group is also unaware of Australia working with industry, "particularly Australian exporters, on the proposed changes in CBP’s interim regulations," it said. AAEI asked whether the interim regulations could take effect without consultation with Australian exporters. The group also suggested that CBP consider using "an informed compliance period before enforcement commences in order to make adjustments to the supply chain." AAEI also believes "that many of the issues addressed in the interim regulations should go away upon adoption of the Trans Pacific Partnership," it said.