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Export Controls, AD Proceedings Among Upcoming DOC Rules

Friday, December 02, 2016
Sandler, Travis & Rosenberg Trade Report

New rules on export controls, antidumping proceedings, and arms embargoes 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 (November; previously May)

- a final rule specifying that where the exporting country does not constitute a viable market the International Trade Administration will normally calculate normal value based on constructed value (November (first time published); proposed rule published in August)

- a final rule aligning regulatory prohibitions on North Korea with Executive Order 13722 and United Nations Security Council Resolution 2270 and updating Export Administration Regulations anti-terrorism reasons for control on items exported to or transferred within North Korea (November; first time published)

- a final rule removing nuclear nonproliferation column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (November; first time published)

- 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 (November; previously August)

- 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 (November; previously September)

- a final rule making four clarifications to license exception GOV and adding five notes to license exception STA (November; previously September)

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

- a proposed rule on revising the record retention and creation requirements of the EAR (April 2017; previously June 2016)

- an advance notice of proposed rulemaking to clarify that the license requirements for certain activities of U.S. persons apply to exports, reexports, and transfers (in-country) of any item, including items not subject to the EAR, by U.S. persons (June 2017; first time published)

- a final rule updating arms embargo provisions in the EAR based on UN Security Council resolutions and U.S. sanctions (June 2017; first time published)

- a proposed rule to amend certain 600 series ECCNs to clarify the controls on items related to military vehicles, vessels of war, submersible vessels, oceanographic equipment, and auxiliary and miscellaneous military equipment (June 2017)

- a final rule adding targets for production of tritium and related development and production technology to ECCNs 0A521 and 0E521 (June 2017; interim final rule published in August)

- 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 (June 2017; previously August 2016)

- a proposed rule to improve the export clearance requirements under the EAR, including better harmonizing them with similar requirements under the International Traffic in Arms Regulations (June 2017; previously September 2016)

- a proposed rule updating and clarifying certain license exception AVS provisions and clarifying the requirements that apply to shipments to international waters (June 2017; previously September 2016)

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

- a final rule establishing time limits for the submission of requests for sampling in administrative reviews of AD duty orders

Completed Rulemakings

The following rulemakings have been removed from the DOC’s regulatory agenda because they have been completed.

- a final rule harmonizing certain definitions in the EAR with similar definitions in the ITAR to facilitate compliance with export controls, update the controls, and reduce unnecessary regulatory burdens on U.S. exporters

- a final rule setting 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

- a final rule harmonizing the statement required for the export of items subject to the EAR with the destination control statement in the ITAR

- 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 U.S. Customs and Border Protection; this rule consolidates several existing trade permits and includes additional seafood commodities under the consolidated permit requirement

- 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

- 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

- 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

- a final rule aligning the time limit in license exception TMP with the time limit in Mexico’s IMMEX program (see related article this issue)

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