Proposal to End de Minimis Exemption for Section 301 Tariffs Added to Treasury Dept. Regulatory Agenda
The Treasury Department published its fall 2020 regulatory agenda for CBP. The agenda now mentions a proposal to end the de minimis exemption for goods subject to Section 301 tariffs. The proposal was previously disclosed by the Office of Management and Budget (see 2009040026), where it remains under review. Brenda Smith, CBP executive assistant international trade commissioner, recently cited some operational concerns with the idea (see 2011100034).
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Also new to the agenda is a final rule for the postponed payment requirements for regular customs duties due to the COVID-19 pandemic. CBP issued a temporary final rule in April that followed an executive order allowing for deferred payments (see 2004200024).
The agenda lists Treasury's CBP rulemakings that are pending at the proposed, interim final, final and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the time frame for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number.
Agenda Highlights
Highlights of Treasury's CBP rulemakings are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| International Travel Merchandise |
| Inter Partes Proceedings Concerning Administration of Exclusion Orders Resulting From Final Determinations of the United States International Trade Commission Under Section 337 |
| Updates to (a)(1)(A) List |
| Merchandise Produced by Convict or Forced Labor or Indentured Labor Under Penal Sanctions |
| Elimination of Paper-Based Bond Applications and the Automated Processing of Bond Applications |
| *Excepting Merchandise Subject to Section 301 Duties From the Customs de Minimis Exemption |
| Final Rule Stage |
| Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings |
| Administrative Exemptions on Value of Articles Increased |
| Enforce and Protect Act Regulations |
| Importations of Pesticides and Pesticidal Devices |
| Enforcement of Copyrights and the Digital Millennium Copyright Act |
| Disclosure of Information Regarding Abandoned Merchandise |
| Refund of Alcohol Excise Tax |
| Removal of References to Customs Broker District Permit Fee |
| Goods Returned to the United States |
| Fee for Inbound Express Mail (Inbound EMS) Items |
| Amendment to Statement Processing and Automated Clearinghouse (ACH) |
| *Temporary Postponement of Deadline for the Deposit of Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak |
| *Import Restrictions Imposed on Archaeological Material From Chile |