Background

Shipping fees, exports, and labeling are among the topics of rulemakings set forth in the most recent semiannual regulatory agendas issued by 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 proposed rule to modernize and clarify requirements for the filing of ocean common carrier and marine terminal operator agreements (January 2023, previously August 2022)

- a State Department notice of inquiry on 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 (January 2023, previously July 2022)

- a State Department final rule to clarify the definitions of “export” and “reexport” and revise the exemption for intra-company, intra-organization, and intra-governmental transfers to dual or third-country nationals (January 2023, proposed rule issued February 2022)

- a Department of Agriculture final rule to expand the categories of meat, poultry, and egg product labels that will be deemed generically approved and not required to be submitted to USDA (January 2023, previously August 2022; proposed rule issued September 2020)

- an FMC final rule on fees and minimum requirements for access to common carrier tariffs (January 2023, previously September 2022; proposed rule issued May 2022)

- a Food and Drug Administration proposed rule to require import filers to submit the FDA premarket application number for certain tobacco products in the Automated Commercial Environment at the time of entry (January 2023, previously July 2022)

- 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 (January 2023, previously December 2022)

- a USDA proposed rule to allow imports of fresh beef from Paraguay (January 2023; unchanged)

- an FMC final rule for carriers and marine terminal operators to include certain minimum information on or with, and adhere to certain practices regarding the timing of, demurrage and detention billings (January 2023, ANPR issued February 2022)

- an FMC proposed rule defining unfair or unjustly discriminatory methods under 46 USC 41104(a)(3) (January 2023, first time published)

- an FMC final rule to define unreasonable refusal to deal or negotiate with respect to vessel space accommodations provided by an ocean common carrier (January 2023, proposed rule issued September 2022)

- an FDA proposed rule to (1) require those who submit prior notice of food imported by international mail to provide the name of the mail service and mail tracking number, (2) create a timeframe for submitting post-refusal/hold submissions, and (3) clarify FDA and CBP processes for having the food exported or destroyed if such submissions are untimely (March 2023; unchanged)

- 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 (April 2023, previously July 2022; interim final rule published December 2019)

- an FDA proposed rule to make clarifying changes to the general provisions related to the registration of food facilities rule (April 2023, previously September 2022)

- 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. (April 2023, previously October 2022)

- an FDA proposed rule to require a certification or other assurance that imported food complies with U.S. food safety requirements (April 2023, previously December 2022)

- a USDA final 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 (April 2023, previously January 2023; proposed rule issued November 2021)

- an FDA final rule implementing the agency’s authority to administratively destroy any medical device valued at $2,500 or less that is refused admission into the U.S. (April 2023, proposed rule issued October 2022)

- a USDA proposed rule to establish criteria for evaluating grant of inspection applications for official import inspection establishments (May 2023, previously September 2022)

- a State Department final rule to expand the list of personal protective equipment covered by the exemption in ITAR section 123.17 (July 2023, previously January 2023)

- 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 (August 2023, previously February 2023)

- a Treasury Department final rule to establish the procedures by which foreign producers of alcohol may assign the quantity-limited tax benefits to U.S. importers and by which importers may receive such assignments and submit refund claims (November 2023, proposed rule published September 2022)

- a State Department final rule to expand the definition of activities that are not exports, reexports, transfers, or temporary imports (December 2023, proposed rule issued December 2022)

Regulations Completed

- a Food and Drug Administration final rule requiring certain data elements to be submitted in ACE for veterinary devices 

- a Treasury Department ANPR on updates to the Alcohol and Tobacco Tax and Trade Bureau’s trade practice regulations 

Copyright © 2023 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

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