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Imports, Exports, ITDS, Food Facilities Among Topics of Upcoming Rules

Monday, July 08, 2019
Sandler, Travis & Rosenberg Trade Report

A new rule on defense exports as well as proposed and final rules on topics such as the International Trade Data System, import and export procedures, and food facility registrations are among the regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies. These online resources list the following regulations affecting international trade that could be issued within the next year, with the expected timeframes indicated in parentheses.

Upcoming Regulations

- a Federal Maritime Commission proposed rule to revise the regulations on the filing, review, and monitoring of ocean common carrier and marine terminal operator agreements (July 2019; unchanged)

- a Food and Drug Administration final rule requiring certain data elements to be submitted to the FDA and U.S. Customs and Border Protection for veterinary devices (July 2019; previously November 2018)

- FDA rules that would remove requirements that apply to importers of food for humans (final rule scheduled for July 2019; previously December 2018) and animals (proposed rule scheduled for August 2019; previously December 2018) concerning requirements to obtain written assurance from the customer that identified hazards will be controlled

- a State Department proposed rule to provide for the filing of trade documents for shrimp and shrimp products in the International Trade Data System (August 2019; previously November 2018)

- a Consumer Product Safety Commission draft proposed rule regarding third-party testing of certain manufactured fibers for ASTM F963 elements and specified phthalates (August 2019; first time published)

- an FDA final rule on gluten-free labeling of fermented, hydrolyzed, or distilled foods (September 2019; previously December 2018)

- a proposed rule from the Justice Department’s Bureau of Alcohol, Tobacco, Firearms, and Explosives to replace the term “specifically designed” with the term “specially designed” in 27 CFR Part 447 to make terminology consistent among the U.S. Munitions Import List, the International Traffic in Arms Regulations, and the Commerce Control List (September 2019; previously April)

- a State Department proposed rule to amend the ITAR to (a) create definitions for activities that are not exports, re-exports, or retransfers, (b) remove from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons, and (c) create definitions for access information and revise the definition of release to include the improper provision of access information to foreign persons (September 2019; first time published)

- a Fish and Wildlife Service proposed rule to revise the regulations on the importation, exportation, and transportation of wildlife to adapt to the ITDS, clarify prior notification requirements and clearance refusal options, and add the ability for FWS to offer a conditional release of certain wildlife to coordinate release activities under ITDS (October 2019; previously December 2018)

- an FDA proposed rule revising requirements that apply to produce that satisfies criteria for an exemption from the produce safety rule because the produce will receive commercial processing to adequately reduce the presence of microorganisms of public health significance (October 2019; previously December 2018)

- an FDA proposed rule to streamline provisions requiring disclosure to commercial customers and receipt of written assurances from commercial customers in the foreign supplier verification program (October 2019; previously December 2018)

- an FDA proposed rule to make clarifying changes to the general provisions related to the registration of food facilities rule (November 2019; previously April)

Rulemakings Completed

- a State Department final rule clarifying when exports may be made to or on behalf of a U.S. government agency without a license and expanding this exemption to allow for permanent exports

- an FWS final rule exempting the exportation of green sea urchins from import/export license requirements under certain circumstances

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