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Regulatory Harmonization, ITDS, AD Proceedings Among Topics of Upcoming DOC Rules

Wednesday, May 25, 2016
Sandler, Travis & Rosenberg Trade Report

New rules on transitioning to the International Trade Data System, export controls and boycott reporting are among the items listed on the Department of Commerce’s most recent semiannual regulatory agenda. This online resource lists the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. The expected timeframes for issuance of the rules are indicated in parentheses.

Upcoming Regulations

- a proposed rule to clarify that for all entries subject to antidumping duties the importer must file its reimbursement certification in either proper electronic form or paper form in accordance with U.S. Customs and Border Protection requirements (May; first time published)

- a final rule harmonizing certain definitions in the Export Administration Regulations with similar definitions in the International Traffic in Arms Regulations to facilitate compliance with export controls, update the controls, and reduce unnecessary regulatory burdens on U.S. exporters (May; previously December)

- a proposed rule on revising the record retention and creation requirements of the EAR (June; previously April)

- a final rule establishing time limits for the submission of requests for sampling in administrative reviews of AD duty orders (June; unchanged)

- a proposed rule to amend certain 600 series Export Control Classification Numbers to clarify the controls on items related to military vehicles, vessels of war, submersible vessels, oceanographic equipment, and auxiliary and miscellaneous military equipment (June; first time published)

- a final rule to set forth the factors the Bureau of Industry and Security considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations (June; proposed rule published in December 2015)

- a final rule harmonizing the statement required for the export of items subject to the EAR with the destination control statement in the ITAR (July; previously February)

- a proposed rule to reduce the time for advance notice of imports of toothfish species and to enhance and clarify transshipment reporting requirements (July)

- a final rule to integrate the National Marine Fisheries Service’s fisheries trade monitoring programs within ITDS and to require electronic information collection through the automated Internet portal maintained by CBP; this rule would consolidate several existing trade permits and include additional seafood commodities under the consolidated permit requirement (July; proposed rule issued in December 2015)

- a final rule modifying the Commerce Control List entries for military aircraft and related items and military gas turbine engines and related items to add clarifying text to the descriptions of the types of military aircraft controlled on the CCL (July; proposed rule published in February)

- an interim final rule adding targets for production of tritium and related development and production technology to ECCNs 0A521 and 0E521 (July; first time published)

- a final rule updating the manner in which reports on restrictive trade practices or boycotts may be submitted to the Office of Anti-boycott Compliance (July; first time published)

- a final rule to combat illegal, unreported, and unregulated fishing and seafood fraud by adjusting permitting and reporting requirements to provide for the traceability of seafood products offered for entry into the U.S. supply chain and to ensure that these products were lawfully acquired and are properly labeled (August; proposed rule published in February)

- a final rule imposing export controls on read-out integrated circuits, seismic intrusion detection systems, radar for helicopter autonomous landing systems, and technology required for the development or production of specified nanotechnology (August; previously February)

- a proposed rule expanding the scope of the maritime nuclear propulsion prohibition in the EAR to apply to both commodities and software as well as technology (August; previously March)

- a final rule banning imports of fish and fish products from fisheries with bycatch of marine mammals in excess of U.S. standards and requiring reasonable proof from exporting nations of the effects on marine mammals of bycatch incidental to fisheries that harvest the fish and fish products to be imported (August; unchanged)

- a final rule reflecting new export reporting requirements related to the implementation of ITDS, including the addition of two new data elements (the original internal transaction number and the used electronics indicator) to the Automated Export System (September; first time published (proposed rule published in March))

- a proposed rule to improve the export clearance requirements under the EAR, including better harmonizing them with similar requirements under the ITAR (September; previously February)

- a final rule that (a) clarifies the parties’ responsibilities under the EAR in a routed export transaction, including when the U.S. principal party in interest maintains its responsibility for license requirement determination and licensing, and (b) details when and how a U.S. PPI may delegate to the foreign PPI its responsibilities to determine license requirements and apply for a license (September; previously February)

- a proposed rule updating and clarifying certain license exception AVS provisions and clarifying the requirements that apply to shipments to international waters (September; previously March)

- a final rule making four clarifications to license exception GOV and adding five notes to license exception STA to answer questions BIS has received about their use (September; first time published)

Regulations in Process

- a proposed rule to adopt an export licensing amendment process and make other licensing process efficiencies

- a proposed rule on positively identifying specially designed components on the CCL so as to decrease the use of that term

Completed Rulemakings

The following rulemaking has been removed from the regulatory agenda because it has been completed.

- a final rule refining the definition of price adjustment and the circumstances under which the DOC will accept certain price adjustments in AD duty proceedings

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