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Export Controls, Routed Exports, Trusted Trader Among DOC’s Short-Term Regulatory Goals

Monday, May 14, 2018
Sandler, Travis & Rosenberg Trade Report

A trusted trader program for seafood importers and updated rules on routed export transactions are among the regulatory changes the Department of Commerce could advance in the next few months. The DOC’s most recent semiannual regulatory agenda 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 eliminating the regulation describing how the DOC will issue licenses for the allocation of tariff-rate quotas on worsted wool fabric, as the underlying program has been transferred to the Department of Agriculture (May 2018; previously December 2017)

- a final rule to eliminate the regulation describing how the DOC will determine whether applicants are bona fide motor vehicle manufacturers under the Automotive Products Trade Act of 1965, as the authority for this regulation is no longer part of the U.S. tariff schedule (May 2018; previously March)

- a final rule formally recognizing and implementing India’s membership in the Wassenaar Arrangement (May 2018; first time published)

- a final rule revising export and reexport license requirements for South Sudan (May 2018; first time published)

- 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 embargo on that country ended in 2006 (July 2018; previously March)

- a proposed rule on export controls for cybersecurity items (July 2018; first time published)

- a proposed rule on the definition of a routed export transaction and the responsibilities of parties in such transactions (August 2018; previously April; advance notice of proposed rulemaking issued in October 2017)

- 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 (August 2018; previously June)

- 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 2018; unchanged)

- a proposed rule to establish a voluntary Commerce Trusted Trader Program for seafood importers that aims to provide benefits such as reduced targeting and inspections and enhanced streamlined entry (September 2018; previously December 2017)

- 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 2018; previously March)

- a final rule establishing requirements for requesting exclusions from steel and aluminum tariffs (November 2018; interim final rule published March 2018)

- 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 (December 2018; previously December 2017)

- a proposed rule setting forth procedures to address covered merchandise referrals from CBP (December 2018; previously December 2017)

- a final rule specifying that where the exporting country does not constitute a viable market the DOC will normally calculate normal value based on constructed value (December 2018, previously December 2017; proposed rule published in August 2016)

- a proposed rule to eliminate references to (a) information provided by domestic interested parties regarding sales made below the cost of production in order to allege dumping and (b) allow the DOC’s use of voluntarily submitted information to calculate constructed value (December 2018; previously April)

- a proposed rule that would align DOC regulations with the Trade Preferences Extension Act of 2015, which provides that the DOC shall not be required to corroborate any dumping margin or CV duty applied in a separate segment of the same proceeding (December 2018; previously April)

- a proposed rule updating and clarifying certain license exception AVS provisions (December 2018; previously June)

Regulations in Process

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

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

- 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 Regulations

- a final rule updating import and export requirements for rough diamonds

- a final rule updating export controls on chemicals and biological agents

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