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Steel Imports, Export Controls Among New Items on DOC Regulatory Schedule

Thursday, December 05, 2019
Sandler, Travis & Rosenberg Trade Report

Tighter controls on exports of specific products and to particular countries, as well as an updated steel import monitoring system, are among the new items on the Department of Commerce’s most recent semiannual regulatory agenda. This document 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

- an advance notice of proposed rulemaking on allowing for electronic service in antidumping and countervailing duty proceedings via the ACCESS system (December 2019; previously June)

- an ANPR on potential export controls on quantum computers (December 2019; previously June)

- an ANPR on criteria for reviewing certain foundational technologies pursuant to applicable sections of the Export Control Reform Act of 2018 (December 2019; previously July)

- a proposed rule to remove the availability of license exceptions STA (strategic trade authorization) and TSR (technology and software restricted) for certain items (December 2019; previously July)

- a final rule establishing a general policy of denial for license applications for exports, reexports, or transfers (in-country) of items controlled for national security reasons to Russia, with certain exceptions (December 2019; previously July)

- a final rule aligning the enforcement provisions of the Export Administration Regulations with the ECRA, including revising penalty guidelines and enforcement authority (December 2019; previously July)

- a final rule clarifying the availability of license exception STA for exports, reexports, and transfers (in-country) of certain items under the EAR (December 2019; previously July)

- a proposed rule on the definition of a routed export transaction and the responsibilities of parties in such transactions (December 2019, previously July; advance notice of proposed rulemaking issued in October 2017)

- a proposed rule to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end-use or military end-users in China, Russia, or Venezuela (December 2019; previously July)

- a proposed rule to amend the regulations concerning AD/CV duty order scope inquiries and set forth procedures to address covered merchandise referrals from U.S. Customs and Border Protection (December 2019; previously September)

- a proposed rule to clarify that for all entries subject to AD duties the importer must file its reimbursement certification in either proper electronic form or paper form in accordance with CBP requirements (December 2019; unchanged)

- 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 2019; unchanged)

- 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 2019; unchanged)

- a proposed rule to enhance the Steel Import Monitoring and Analysis system to allow require import license applicants to identify the country where steel used in the manufacture of the imported steel product was melted and poured and to harmonize the scope of the system’s licensing requirement with the scope of steel products subject to Section 232 tariffs (December 2019; first time published)

- a proposed rule on export controls for additive manufacturing equipment for energetic materials (December 2019; first time published)

- a final rule amending the country group designations for certain destinations for national security, foreign policy, and proliferation-related concerns (December 2019; first time published)

- a final rule to clarify how the DOC determines the existence of a benefit resulting from a subsidy in the form of currency undervaluation (December 2019; proposed rule issued in May 2019)

- a final rule removing license exception CIV (civil end users) and requiring a license for national security-controlled items to countries of national security concern (December 2019)

- a proposed rule on the effects of adding to the Commerce Control List an export control on computer forensic systems, equipment, components, and related development, production, and use software (January 2020; previously June 2019)

- a proposed rule to require review of certain technology transfers that would not otherwise require licenses according to the CCL (January 2020; previously June 2019)

- a final rule providing that export or reexport license applications for items controlled for national security reasons may be reviewed for human rights concerns (January 2020; previously July 2019)

- a final rule changing the process for requesting exclusions from the Section 232 tariffs and quotas on aluminum and steel products (January 2020; interim final rule published September 2018)

- 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 (April 2020; previously December 2019)

Regulations to be Withdrawn

- a rule to establish a voluntary trusted trader program for seafood importers (to be withdrawn December 2019; proposed rule published January 2018)

Regulations Completed

- a proposed rule on export controls for cybersecurity items

- a final rule further restricting exports and reexports to Cuba and clarifying or revising the availability of certain license exceptions

- a final rule eliminating the regulation describing how the DOC will determine whether applicants are bona fide motor vehicle manufacturers under the Automotive Products Trade Act of 1965

Regulations in Process

- a final rule establishing time limits for the submission of requests for sampling in administrative reviews of AD duty orders (proposed rule issued November 2013)

- 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 (proposed rule published in August 2016)

- 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 (proposed rule issued February 2014)

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