Background

Import and export rules, requirements for emerging technologies, and shipping are among the topics of regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies. These online resources list the following regulations affecting international trade that could be issued within the next year, with the expected timeframes indicated in parentheses.

Regulations Proposed

- a Federal Maritime Commission ANPR seeking information on the impact of fees and minimum requirements for access to common carrier tariffs (December 2021; first time published)

- a State Department proposed rule to provide for the filing of trade documents for shrimp and shrimp products in the International Trade Data System (December 2021; previously September 2021)

- a State Department final rule revising and excluding entries on the U.S. Munitions List that no longer warrant inclusion and adding entries for critical and emerging technologies that do (December 2021; previously October 2021)

- Food and Drug Administration proposed rules to remove requirements that apply to importers of food for humans and animals concerning requirements to obtain written assurance from the customer that identified hazards will be controlled (January 2022; previously June 2021)

- a State Department interim final rule to (1) clarify the definitions of “export” and “reexport,” (2) replace the term “national” with “person” in the Canadian exemption, and (3) revise the exemption for intra-company, intra-organization, and intra-governmental transfers to dual or third-country nationals (January 2022; previously July 2021)

- a State Department final rule to amend the International Traffic in Arms Regulations to (a) create definitions for activities that are not exports, re-exports, or retransfers, (b) remove from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons, and (c) create a definition for “access information” and revise the definition of “release” to include the improper provision of access information to foreign persons (January 2022, previously July 2021; interim final rule published December 2019)

- a State Department interim final rule to expand the definition of activities that are not exports, reexports, retransfers, or temporary imports (January 2022; previously August 2021)

- an FDA proposed rule to require import filers to submit the FDA premarket application number for electronic nicotine delivery system products at the time of entry in the Automated Commercial Environment (February 2022; first time published)

- an FDA final rule requiring certain data elements to be submitted in the Automated Commercial Environment for veterinary devices (March 2022, previously November 2021; proposed rule issued August 2020)

- a USDA proposed rule to establish criteria for evaluating grant of inspection applications for official import inspection establishments (March 2022; first time published)

- a State Department final rule to expand the list of personal protective equipment covered by the exemption in ITAR section 123.17 (April 2022; previously August 2021)

- a USDA final rule to expand the categories of meat and poultry product labels that will be deemed generically approved and not required to be submitted to USDA (April 2022, previously December 2021; proposed rule issued September 2020)

- a USDA proposed rule to update the criteria used to evaluate whether a foreign country is eligible to export meat, poultry, or egg products to the U.S. (May 2022; first time published)

- an FDA proposed rule to make clarifying changes to the general provisions related to the registration of food facilities rule (May 2022; previously December 2021)

- an FDA proposed rule to require a certification or other assurance that imported food complies with U.S. food safety requirements (September 2022; first time published)

- a USDA proposed rule to define the conditions under which meat product labels can bear voluntary statements indicating that the product is of U.S. origin (October 2022; previously November 2021)

- an FDA proposed rule to revise written assurance requirements for importers of human or animal food under the Foreign Supplier Verification Program rule when they identify hazards that require a control and the hazards are applied after importation (October 2022)

Regulations Completed

- an FDA final rule instituting procedures by which the FDA may (1) establish or amend tolerances for unapproved new animal drugs where edible portions of animals imported into the U.S. may contain residues of such drugs or (2) revoke an existing import tolerance 

- a USDA proposed rule that would amend (1) the requirements for temporary exports of horses to contagious equine metritis-affected regions and the requirements for horses imported from screwworm-affected regions, (2) the general testing and quarantine requirements for horses imported by air, and (3) the requirements for imports of horses from Canada

- a USDA final rule on imports of live sheep, goats, and other non-bovine ruminants

Regulations Withdrawn

- a Federal Trade Commission rule to repeal the apparel care labeling rule 

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