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Export Rules, AD/CV Proceedings Among Items on DOC Regulatory Agenda

Wednesday, July 26, 2017
Sandler, Travis & Rosenberg Trade Report

New rules on covered merchandise referrals from U.S. Customs and Border Protection and exports to Libya 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 final rule removing the complex provisions and related procedure setting forth review policy, licensing procedure, and reporting requirements for activities involving items subject to the Export Administration Regulations that may have been illegally exported or reexported to Libya before the comprehensive embargo on Libya ended in 2006 (July; first time published)

- 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 (July, previously November; proposed rule published in August 2016)

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

- 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 (July; previously November)

- a proposed rule setting forth procedures to address covered merchandise referrals from CBP (August; 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 (August; previously November)

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

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

- 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 (October; previously June)

- 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 (December; previously June)

- a proposed rule updating and clarifying certain license exception AVS provisions (December; previously June)

Regulations in Process

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

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

- 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

Completed Rulemakings

- 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

- 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 to the Automated Export System

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