On March 22, 2013, Senator Max Baucus of Montana, introduced the “‘Trade Facilitation and Trade Enforcement Reauthorization Act of 2013” (click here to see full text of bill as introduced S 662).  Among other provisions, the legislation seeks to further augment CBP’s authority to release an importer’s proprietary supply chain information to unrelated rights holders.

Importantly, under its current interim regulations implementing Section 8 of the NDAA( cbpinterimiprdisclosurerule), CBP already has authority to disclose this information to mark owners, but only AFTER the importer itself has first been provided an opportunity to satisfy any concerns about the product’s authenticity.  In this way, CBP is able to better ensure facilitation of lawful trade by simultaneously recognizing the need to protect against entry of counterfeit goods and the obligation to protect an importer’s  confidential supply chain information.

AFTA Supporters hope to see, at the very least, that S. 662 will be amended through committee to include these types of critical, necessary and fair importer protections.

 

 

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