Background

Enforcement of antidumping and countervailing duty orders and Section 232 tariff exclusions are among the topics of new rules included on the Department of Commerce’s most recent semiannual regulatory agenda, which lists these and other regulations affecting international trade that could be issued within the next year. The expected timeframes for issuance of these rules are indicated in parentheses.

- a proposed rule to enhance the enforcement of AD/CV duty laws, including with respect to cash deposits, producer/exporter combinations, separate rates for non-market economies, facts available, and the calculation of “all others,” separate, and review-specific rates (February 2024; first time published)

- a final rule revising the Section 232 steel and aluminum tariff exclusion process (January 2024, first time published; proposed rule issued August 2023)

- a proposed rule to revise license exception APR (additional permissive reexports) (January 2024; first time published)

- a proposed rule to simplify the requirements for license exception STA (strategic trade authorization) and make other changes to encourage additional use of this exception (January 2024; first time published)

- a final rule to improve and augment the scope, circumvention, and covered merchandise proceedings in AD/CV duty cases and to define “particular market situation” (January 2024, previously September 2023; proposed rule issued May 2023)

- a proposed rule to implement licensing or other pre-clearance for transactions involving information and communications technology and services (January 2024, previously September 2023; ANPR issued in March 2021)

- a final rule to enhance the availability of electronic foreign-trade zone application fee payments (January 2024; proposed rule published in June 2023)

- a proposed rule to amend seafood import permitting requirements, reporting and recordkeeping requirements, and entry filing requirements (January 2024, previously July 2023; advance notice of proposed rulemaking issued in July 2022)

- a final 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 (January 2024; proposed rule issued in May 2023)

- a proposed rule that would control U.S. persons’ support of foreign military, intelligence, and security end-users and end-uses; restrict exports, reexports, and transfers (in-country) to these end-users and end-uses; and clarify the prohibition against certain maritime nuclear propulsion plant end-uses (January 2024; previously August 2023)

- a proposed rule to establish a framework for how the Bureau of Industry and Security will identify classes of information and communication technology and services transactions and the types of authorizations required by U.S. or foreign persons to engage in ICTS transactions within a specific class (January 2024; previously September 2023)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (January 2024, previously August 2023; interim final rule issued June 2020)

- a final rule imposing restrictions on exports, reexports, and transfers (in-country) to persons whose property and interests in property are blocked pursuant to Executive Order 14024 (January 2024; previously August 2023)

- a final rule implementing additional export controls on advanced computing and semiconductor manufacturing items (January 2024, previously July 2023; interim final rule published October 2022)

- a final rule implementing the USMCA mechanism for settling disputes over AD/CV duty determinations (January 2024, previously July 2023; interim final rule issued December 2021)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (January 2024, previously October 2023; ANPR issued August 2020)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (February 2024; previously October 2023)

- a final rule revising export licensing requirements for certain cameras, systems, or related components (February 2024; previously October 2023)

- a final rule updating export and reexport controls for Nicaragua (March 2024; first time published)

- a proposed rule to impose export controls on brain-computer interface emerging technology (March 2024, previously August 2023; ANPR issued in October 2021)

- a proposed rule to add and remove items whose export is controlled for crime control reasons (March 2024; previously September 2023)

- a proposed rule to establish a mandatory electronic submission requirement for annual declarations and reports under the Chemical Weapons Convention regulations (March 2024; unchanged)

- a proposed rule to exclude certain integrated circuits that would otherwise be within the scope of two ECCNs because of their technical characteristics and the types of items they are used in (March 2024; first time published)

- a final rule expanding restrictions on the availability of license exception STA (March 2024, previously November 2023; proposed rule issued in October 2021)

- a final rule modifying license exception APR to remove provisions that authorize reexports of certain national security-controlled items (April 2024, previously September 2023; proposed rule issued April 2020)

- a proposed rule to restructure and streamline the current country group structure used to determine license requirements for items exported, reexported, or transferred (in-country) that are subject to the EAR (July 2024; previously August 2023)

- a final rule to establish export controls on instruments for the automated chemical synthesis of peptides (July 2024; proposed rule issued April 2023)

Rulemakings Completed

- a final 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

- a final rule amending procedures related to administrative protective orders and service of documents submitted in AD/CV proceedings 

- a final rule expanding and strengthening existing sanctions against Russia and Belarus, including the scope of the Russian and Belarussian industry sector sanctions, and refining existing export controls on Russia and Belarus

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