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Regulatory Harmonization, Seafood Fraud, AD Proceedings Among Upcoming DOC Rules

Thursday, December 03, 2015
Sandler, Travis & Rosenberg Trade Report

New rules on combating seafood fraud and ongoing efforts to harmonize export control regulations 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 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 (December; not previously published)

- 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 (December; previously July)

- 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 (December; proposed rule published last June)

- a proposed rule to improve the export clearance requirements under the EAR, including better harmonizing them with similar requirements under the ITAR (February 2016)

- a final rule harmonizing the statement required for the export of items subject to the EAR with the destination control statement in the ITAR (February 2016; proposed rule published last May)

- 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 (February 2016; previously July)

- 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 (February 2016; previously December)

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

- 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 (March 2016; previously July)

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

- a final rule establishing time limits for the submission of requests for sampling in administrative reviews of AD duty orders (June 2016)

- a final rule subjecting imports of fish and fish products to certain conditions relating to reducing marine mammal incidental mortality and serious injury (August; proposed rule published last August)

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 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

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

(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 does not appear in this issue of the DOC regulatory agenda.)

Completed Rulemakings

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

- a final rule removing the special comprehensive license authorization

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