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Trusted Trader, Routed Exports, AD/CV Among New Items on DOC Regulatory Agenda

Wednesday, December 20, 2017
Sandler, Travis & Rosenberg Trade Report

New rules on a trusted trader program, routed export transactions, and antidumping and countervailing duty proceedings 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 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 2017; previously July)

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

- 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 2017, previously July; proposed rule published in August 2016)

- a final rule eliminating the regulation describing how the DOC will issue, and the effect of, licenses for the allocation of tariff-rate quotas on worsted wool fabric, as the underlying program has been transferred to the Department of Agriculture (December 2017; first time published)

- a proposed rule to establish a voluntary Commerce Trusted Trader Program for importers that aims to provide benefits such as reduced targeting and inspections and enhanced streamlined entry (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 (March 2018; first time published)

- a proposed rule to improve the export clearance requirements under the Export Administration Regulations, including better harmonizing them with similar requirements under the International Traffic in Arms Regulations (March 2018; previously September 2017)

- 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 EAR that may have been illegally exported or reexported to Libya before the comprehensive embargo on Libya ended in 2006 (March 2018; previously July 2017)

- a proposed rule on the definition of a routed export transaction and the responsibilities of parties in routed export transactions (April 2018, first time published; advance notice of proposed rulemaking issued in October 2017)

- 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) the DOC’s use of voluntarily submitted information to calculate constructed value (April 2018; first time published)

- 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 (April 2018; first time published)

- 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 (April 2018; previously December 2017)

- a proposed rule updating and clarifying certain license exception AVS provisions (June 2018; previously December 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 (June 2018; previously October 2017)

- 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; previously August 2017)

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 making four clarifications to license exception GOV and adding five notes to license exception STA

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