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ITC Amends its Rules; CBP Begins “Trusted Trader” Test Program (June, 2014)

This week, the International Trade Commission finalizes new filing rules and U.S. Customs and Border Protection seeks applicants for "Trusted Trader" program testing.

Rapid Customs Information Bulletin, June 27, 2014

ITC Amends Its Rules of General Application and Rules for AD/CVD Investigations and Reviews

The U.S. International Trade Commission (ITC) has amended Part 201 of its Rules of Practice and Procedure, which are rules of general application, and Part 207, which covers proceedings such as antidumping and countervailing investigations and administrative reviews conducted under title VII of the Tariff Act of 1930.

These amendments are being enacted after the ITC first proposed the amendments by inviting public comment on a set of proposed rules. The final rules differ from the proposed rules in two ways. First, in Section 201.8, which relates to the filing of documents, the ITC did not adopt the proposed “securely bound” provision in paragraph (d). Second, although not one of the original proposed rules, the ITC amended its rules to require filing of nine confidential and two non-confidential copies of briefs and other written submissions (rather than eight confidential and four non-confidential copies, as required under the current rules) in preliminary and final phase investigations and five-year "sunset" reviews as reflected in the amendments to several subsections of 19 C.F.R. Parts 201 and 207.

Other new rules include extending certain deadlines, requiring certain e-mail and physical addresses, requiring electronic filing of lost sales and revenue allegations, and adjusting the timing of requests for collecting new information.

The Federal Register notice can be found here. The amended rules will take effect July 25, 2014.

CBP Accepting Applications for “Trusted Trader” Program Testing

U.S. Customs and Border Protection (“CBP”) plans to unify its Customs-Trade Partnership Against Terrorism (C-TPAT) and Importer Self-Assessment (ISA) programs under a program to be called the "Trusted Trader" program. Companies may now apply to participate in the test program. Applicants should submit an e-mail as described in the Federal Register announcement, available here. Selection of initial test participants will begin by July 16, 2014. Those provisionally selected will be asked to complete a more extensive application.

Through the Trusted Trader program, CBP intends to encourage companies to secure their supply chains and strengthen their internal controls for compliance with CBP’s regulations and other laws through incentives not currently available to C-TPAT and ISA members. Companies will still have the option of applying for, or continuing to participate exclusively in, C-TPAT. Companies may also continue to apply for ISA programs.

If CBP decides to implement the Trusted Trader program, all existing ISA partners will be transferred into the new program unless they opt out. Testing for the Trusted Trader program is expected to last until the end of 2015.

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