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Export Controls, AES, AD Proceedings Among Topics of Upcoming DOC Rules

Monday, June 01, 2015
Sandler, Travis & Rosenberg Trade Report

New regulations on price adjustments in antidumping duty proceedings and an expanded maritime nuclear propulsion prohibition are among the rules set forth in the Department of Commerce’s newest 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.

In addition, several rulemakings have been removed from the regulatory agenda because they have been completed or withdrawn; see below for more details.

Upcoming Regulations

- a final rule establishing time limits for the submission of information pertaining to requests for sampling in administrative reviews of antidumping duty orders (June)

- a final rule refining the definition of price adjustment and the circumstances under which the DOC will accept certain price adjustments in antidumping duty proceedings (July; not previously published)

- a proposed rule expanding the scope of the maritime nuclear propulsion prohibition in the Export Administration Regulations to apply to both commodities and software as well as technology (July; not previously published)

- a final rule removing the special comprehensive license authorization (July; previously June)

- a final rule imposing 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 (July; previously June)

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

- a proposed rule on positively identifying specially designed components on the Commerce Control List so as to decrease the use of that term (November; previously June)

- 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 (December; previously April)

- a notice requiring paragraph designations to be included in the ECCN field of the Automated Export System (December)

- a proposed rule on revising and improving the recordkeeping requirements of the EAR (March 2016; previously December)

Regulations in Process

- a proposed rule revising procedures to monitor international trade in certain fishery products by integrating trade monitoring programs within the International Trade Data System and requiring electronic information collection through the automated Internet portal maintained by U.S. Customs and Border Protection

- a proposed rule revising the Commerce Control List to apply crime control license requirements to certain devices, software and technology based on the roles those items play in crime control and law enforcement activities

- a proposed rule making the following revisions to the section of the EAR that specifies what changes may be made to export and reexport licenses: (a) expanding the scope of non-material changes that exporters and reexporters may self-determine are non-material, provided the changes are within the scope of specified parameters; and (b) adding a new subset of changes that may be made to an export or reexport license, provided the exporter or reexporter submits notification to BIS and BIS approves the change in writing as a non-material change

Completed Rulemakings

- a final rule amending the Foreign Trade Regulations to reflect changes related to the implementation of the International Trade Data System and subsequent changes to access to electronic export information

- a final rule reinstating export filing exemptions for temporary exports, which include carnets, and goods previously imported under a temporary import bond and exported in the same condition

- a final rule amending the microprocessor military end use and end user controls

- a final rule on revisions to support documents required to be submitted for license applications and changes to the Bureau of Industry and Security’s role in issuing documents for the Import Certificate and Delivery Verification system


- a proposed rule to (a) remove anti-terrorism controls on certain computers in light of technological advancements in the computing industry, (b) make technology and source code software for interconnect equipment eligible for deemed exports under license exception APP, (c) add Albania and Croatia to the license exception ENC favorable treatment countries list, and (d) remove the requirement to submit foreign national review requests and statements for deemed exports of computer and electronic component technology and source code under license exceptions APP and CIV was withdrawn in March

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