Background

Section 232 tariff exclusions, exports, and foreign-trade zones are among the topics 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.

- a proposed rule to make additional revisions to the Section 232 tariff exclusions process (January 2023, previously July 2022)

- a proposed rule to amend seafood import permitting requirements, reporting and recordkeeping requirements, and entry filing requirements (January 2023, previously July 2022)

- 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 (January 2023, previously July 2022)

- a final 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 (January 2023, proposed rule issued July 2022)

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

- a final rule imposing new unilateral export controls on four marine toxins (January 2023, previously August 2022; proposed rule issued May 2022)

- a final rule revising export licensing requirements for certain cameras, systems, or related components (January 2023, previously October 2022)

- 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 (February 2023, previously July 2022)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (February 2023, previously August 2022; ANPR issued August 2020)

- 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 (March 2023, previously August 2022)

- a proposed rule to enhance the availability of electronic foreign-trade zone application fee payments (March 2023; first time published)

- a proposed rule to improve and augment the scope, circumvention, and covered merchandise proceedings in AD/CV duty cases and define “particular market situation” (March 2023; first time published; advance notice of proposed rulemaking issued November 2022)

- a proposed rule to add and remove items whose export is controlled for crime control reasons (March 2023, previously August 2022)

- a final rule expanding restrictions on the availability of license exception STA (March 2023, previously August 2022; proposed rule issued in October 2021)

- a final rule reducing the concentration level below which the Chemical Weapons Convention Regulations exempt mixtures containing a Schedule 2A chemical from declaration requirements (March 2023, previously August 2022)

- a proposed rule to establish a mandatory electronic submission requirement for annual declarations and reports under the Chemical Weapons Convention regulations (March 2023, first time published)

- a final rule implementing additional export controls on advanced computing and semiconductor manufacturing items (March 2023, interim final rule published October 2022)

- a final rule allowing the Bureau of Industry and Security to review and restrict imports and other transactions in information and communications technology services (April 2023, previously September 2022; interim final rule issued in January 2021)

- a proposed rule to implement licensing or other pre-clearance for transactions involving information and communications technology and services (May 2023, previously July 2022; ANPR issued in March 2021)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (June 2023, previously July 2022; interim final rule issued June 2020)

- a final rule modifying license exception APR (additional permissive reexports) to remove provisions that authorize reexports of certain national security-controlled items (June 2023, previously September 2022; proposed rule issued April 2020)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (June 2023, previously October 2022)

- a proposed rule to impose export controls on brain-computer interface emerging technology (June 2023, previously November 2022; ANPR issued in October 2021)

- 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 (June 2023)

- a proposed rule on export controls on instruments for the automated chemical synthesis of peptides (July 2023, ANPR issued September 2022)

Copyright © 2024 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

ST&R: International Trade Law & Policy

Since 1977, we have set the standard for international trade lawyers and consultants, providing comprehensive and effective customs, import and export services to clients worldwide.

View Our Services 

Close

Cookie Consent

We have updated our Privacy Policy relating to our use of cookies on our website and the sharing of information. By continuing to use our website or subscribe to our publications, you agree to the Privacy Policy and Terms & Conditions.