Background

Export reporting, Section 232 tariffs, and the USMCA are among the items on the Department of Commerce’s most recent semiannual regulatory agenda, which 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 implement licensing or other pre-clearance for transactions involving information and communications technology and services (December 2021, previously October 2021; ANPR issued in March 2021)

- a proposed rule to add a conditional data element, country of origin, when the foreign indicator is selected in the electronic export information filed through the Automated Export System (December 2021; first time published)

- a proposed rule implementing the USMCA mechanism for settling disputes over AD/CV duty determinations (December 2021, previously July 2021)

- 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 2021; previously June 2021)

- a proposed rule to apply export controls on certain emerging technologies (January 2022; previously August 2021)

- a final rule allowing the Bureau of Industry and Security to review and restrict imports and other transactions in information and communications technology services (January 2022, previously July 2021; interim final rule issued in January 2021)

- 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 (February 2022, unchanged)

- a proposed rule to add and remove items controlled for crime control reasons (February 2022; first time published)

- a final rule expanding restrictions on the availability of license exception STA (March 2022, proposed rule issued in October 2021)

- a proposed rule to impose export controls on brain computer interface emerging technology (March 2022; ANPR issued in October 2021)

- a final rule modifying license exception APR (additional permissive reexports) to remove provisions that authorize reexports of certain national security-controlled items (March 2022, previously September 2021; proposed rule issued April 2020)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (March 2022, previously August 2021; interim final rule issued June 2020)

- a final rule reducing the concentration level below which the Chemical Weapons Convention Regulations exempt mixtures containing a Schedule 2A chemical from declaration requirements (April 2022; first time published)

- a proposed rule to add new general approved exclusions from Section 232 tariffs for steel articles and establish a process by which GAEs will be added and reviewed periodically (May 2022; previously June 2021)

- an interim final rule simplifying and clarifying the foreign-produced direct product rules (May 2022; first time published)

- a final rule establishing a general policy of denial for license applications for exports to Russia of items controlled for national security reasons (June 2022)

- a final rule revising export licensing requirements for certain cameras, systems, or related components (June 2022; previously June 2021)

- a final rule to implement a standard process for ending Section 232 investigations (July 2022; previously July 2021)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (August 2022, previously July 2021; ANPR issued August 2020)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (October 2022; previously December 2021)

Regulations Completed

- an interim final rule removing exclusions from Section 232 tariffs on steel and aluminum

- an interim final rule tightening export controls on cybersecurity items

- a final rule requiring a public submission for a request or application for a Section 232 investigation 

- a final rule imposing new export controls on Cambodia

- a final rule to improve the administration and enforcement of AD and CV duty laws

- a final rule adding export controls on software for the operation of nucleic acid assemblers and synthesizers 

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