Background

Section 232 tariffs, shipments to Hong Kong, and export controls 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. The expected timeframes for issuance of these rules are indicated in parentheses.

Upcoming Regulations

- a proposed rule to (a) eliminate references to 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 2020; previously July 2020)

- 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 2020; previously July 2020)

- a final rule to improve the administration and enforcement of AD and CV duty laws, including with respect to new shipper reviews, scope rulings, circumvention, covered merchandise referrals, and importer reimbursement certifications (December 2020; proposed rule issued August 2020)

- a final rule to establish an aluminum import monitoring and analysis system (December 2020; proposed rule issued April 2020)

- a proposed rule to remove a specific import prohibition on toothfish from certain areas of the Indian Ocean and make allowances for an online option for seafood importers to apply for preapproval certificates for imports of frozen toothfish (December 2020; first time published)

- a proposed rule to restrict the availability of license exceptions STA (strategic trade authorization) and TSR (technology and software restricted) for certain items (December 2020; previously August 2020)

- an interim final rule on potential export controls on quantum computers (December 2020; previously August 2020)

- a final rule moving Ukraine from country group D to country group B (December 2020; first time published)

- a final rule to require a public submission for a request or application for a Section 232 investigation (December 2020; first time published)

- an interim final rule expanding export license requirements on components of lithographic equipment destined for countries of national security concern (December 2020; first time published)

- a proposed rule to restructure and streamline the current country group structure used to determine export license requirements for items subject to the Export Administration Regulations (January 2021; first time published)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (January 2021, first time published, interim final rule issued June 2020)

- a final rule amending the export license review policy for unmanned aerial systems controlled for missile technology reasons (January 2021; first time published)

- a final rule removing Hong Kong as a separate destination under the EAR (February 2021; first time published)

- a proposed rule to apply export controls for certain semiconductor items (February 2021; first time published)

- a proposed rule to apply export controls on certain emerging technologies (February 2021; first time published)

- a final rule modifying license exception APR (additional permissive reexports) to remove provisions that authorize reexports of certain national security-controlled items (February 2021, previously September 2020; proposed rule issued April 2020)

- an interim final rule adding export controls for multi-gate field-effect transistor technology (February 2021, previously August 2020)

- a final rule revising the country group designations for Pakistan for national security, foreign policy, and proliferation-related concerns to facilitate and support accountability for exports and reexports of items to this country (February 2021; previously July 2020)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (March 2021; ANPR issued August 2020)

- a proposed rule for additive manufacturing equipment for energetic materials and related software and technology (March 2021; previously November 2020)

- a final rule classifying software specially designed to automate the analysis of geospatial imagery under ECCN 0D521 (March 2021, previously July 2020; interim final rule issued January 2020)

- a final rule adding export controls on software for the operation of nucleic acid assemblers and synthesizers (March 2021, first time published; proposed rule issued November 2020)

- a proposed rule to remove electronic export information filing requirement for shipments between the U.S. and Puerto Rico and the U.S. Virgin Islands (April 2021, first time published; ANPR issued September 2020)

- a proposed rule to revise the regulations defining the criteria and process for identification and certification of nations with vessels engaged in illegal, unreported, and unregulated fishing, bycatch of protected living marine resources, and unsustainable shark catch on the high seas (April 2021; previously March 2021)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (May 2021; previously January 2021)

Regulations Completed

- 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 U.S. Customs and Border Protection requirements

- an interim final rule revising the Section 232 steel and aluminum tariff exclusion process

- a final rule imposing new restrictions on exports to Huawei and other Entity List entities

- a final rule easing import restrictions on steel from Brazil

- a final rule revising export license policy for items controlled for crime control reasons

- 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

- a final rule to enhance the Steel Import Monitoring and Analysis system to 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

- a final rule to impose a license requirement on exports and reexports of water cannons and specially-designed parts and components

Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

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