The U.S.-Mexico-Canada Agreement, Section 232 tariffs, and export controls 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.

Upcoming Regulations

- a proposed rule to add new general approved exclusions from Section 232 tariffs for steel articles and establish a new process by which GAEs will be added and reviewed periodically (June 2021; first time published)

- a final rule to require a public submission for a request or application for a Section 232 investigation (June 2021; previously December 2020)

- a proposed rule to impose export controls on extreme ultraviolet masks, reticles, and pellicles as emerging technology (June 2021; first time published)

- a final rule revising export licensing requirements for certain cameras, systems, or related components (June 2021; first time published)

- 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 (June 2021; previously December 2020)

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

- a proposed rule implementing the USMCA mechanism for settling disputes over AD and CV determinations (July 2021; first time published)

- an advance notice of proposed rulemaking on the imposition of export controls on brain computer interface emerging technology (July 2021; first time published)

- a final rule to implement a standard process for ending Section 232 investigations (July 2021; first time published)

- a final rule to improve the administration and enforcement of AD and CV duty laws, including with respect to new shipper reviews, scope rulings, circumvention, covered merchandise referrals, and importer reimbursement certifications (July 2021, previously December 2020; proposed rule issued August 2020)

- a proposed rule to apply export controls on certain semiconductor items (July 2021; previously February 2021)

- a final rule revising the country group designations for Pakistan for national security, foreign policy, and proliferation-related concerns to facilitate and support accountability for exports and reexports of items to this country (July 2021; previously February 2021)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (July 2021, previously March 2021; ANPR issued August 2020)

- a proposed rule on potential export controls on quantum computers (August 2021; previously December 2020)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (August 2021, previously January 2021; interim final rule issued June 2020)

- a proposed rule to apply export controls on certain emerging technologies (August 2021; previously February 2021)

- a final rule adding export controls on software for the operation of nucleic acid assemblers and synthesizers (August 2021, previously March 2021; proposed rule issued November 2020)

- a final rule modifying license exception APR (additional permissive reexports) to remove provisions that authorize reexports of certain national security-controlled items (September 2021, previously February 2021; proposed rule issued April 2020)

- a proposed rule to establish export controls on additive manufacturing equipment for energetic materials and related software and technology (September 2021; previously March 2021)

- a proposed rule to establish a licensing or other pre-clearance process that would allow parties seeking to engage in certain transactions involving information and communications technology and services to obtain a license before doing so (October 2021, first time published; ANPR issued in March 2021)

- an interim final rule adding export controls for multi-gate field-effect transistor technology (December 2021; previously February 2021)

- a proposed rule to remove electronic export information filing requirement for shipments between the U.S. and Puerto Rico and the U.S. Virgin Islands (December 2021, previously April 2021; ANPR issued September 2020)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (December 2021; previously May 2021)

- 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 (February 2022; previously April 2021)

Regulations Completed

- a final rule to establish an aluminum import monitoring and analysis system

- a final rule removing Hong Kong as a separate destination under the EAR

- a final rule imposing export controls on Burma

- a final rule reflecting the termination of the United Arab Emirates’ participation in the Arab League boycott of Israel

- a final rule moving Ukraine from country group D to country group B

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