Background

Export controls and exclusions from Section 232 tariffs are among the new 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.

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

- 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 (July 2022; proposed rule issued December 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 (July 2022; previously December 2021)

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

- 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 (July 2022; previously February 2022)

- a final rule implementing the USMCA mechanism for settling disputes over AD/CV duty determinations (August 2022; proposed rule issued December 2021)

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

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

- an advance notice of proposed rulemaking on export controls on artificial intelligence (July 2022; first time published)

- an ANPR on export controls on instruments for the automated chemical synthesis of peptides (July 2022; first time published)

- a proposed rule based on comments submitted on a February 2022 notice concerning the Section 232 tariff exclusions process (July 2022; first time published)

- 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 (July 2022; first time published)

- a proposed rule to add and remove items controlled for crime control reasons (August 2022; previously February 2022)

- a final rule expanding restrictions on the availability of license exception STA (August 2022, previously March 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 (August 2022; previously April 2022)

- 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 (August 2022; previously May 2022)

- 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, unchanged; ANPR issued August 2020)

- a final rule imposing new unilateral export controls on four marine toxins (August 2022, first time published; proposed rule issued May 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 (September 2022, previously January 2022; interim final rule issued in January 2021)

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

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

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

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

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

Copyright © 2022 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.