American Trade & Manufacturing Blog

Tag Archives: Commerce

State and Commerce Propose Changes to Toxicological Items and Directed Energy Weapons Controls

Posted in Export Controls
On June 17, 2015, the Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) published proposed rules to amend U.S. export controls on toxicological agents and associated equipment and directed energy weapons. The proposed rules mark yet another important step in the President’s Export… Continue Reading

Commerce Department Issues Guidance on Intrusion and Surveillance Items

Posted in Export Controls
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued policy guidance on its broad (and somewhat controversial) new proposed rule, which would impose strict controls on exports of certain intrusion and surveillance (or “cybersecurity”) items. The proposed amendments to the Export Administration Regulations (EAR) will add new controls covering hardware and software… Continue Reading

BIS Publishes New Rule Implementing Wassenaar Changes

Posted in Export Controls
On May 21, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) to implement changes agreed to in December 2014 by members of the Wassenaar Arrangement, a group of countries committed to ensuring effective export controls on strategic items to improve regional and… Continue Reading

Exporters Beware: BIS Issues Russia Due Diligence Guidance

Posted in Export Controls
Concerned with diversion of controlled goods and technology to Russia, the Commerce Department’s Bureau of Industry and Security (BIS) recently issued due diligence guidance for exporters. BIS has imposed a number of export restrictions limiting U.S. trade with Russia’s defense and energy sectors in response to the ongoing situation in Crimea, and the new guidance… Continue Reading

Commerce Department Eases Restrictions on Exports of Personal Communications Software to Crimea

Posted in Export Controls
On May 22, 2015, the Commerce Department’s Bureau of Industry and Security (BIS) amended the near-comprehensive export restrictions on the Crimea region of Ukraine in an effort to facilitate communication between the people of Crimea and the outside world.  The U.S. government believes that loosening restrictions on items that enable personal communications is in U.S.… Continue Reading

Commerce Department Proposes Expansive New Rule on Intrusion and Surveillance Items

Posted in Export Controls
On May 20, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule imposing strict controls on exports of certain intrusion and surveillance (or “cybersecurity”) items. The proposed amendments to the Export Administration Regulations (EAR) are intended to implement agreements made in December 2013 by the Wassenaar Arrangement, a group… Continue Reading

Commerce Examining Korean Chaebols Affiliation for the Welded Line Pipe from Korea AD Investigation

Posted in DOC Reviews, Manufacturing, Trade Remedies
The Department of Commerce (“Commerce”) announced its preliminary determination in the less-than-fair-value investigation of welded line pipe from Turkey and Korea on May 15, 2015.  Commerce calculated dumping margins in Korea ranging from 2.52% to 2.67% for all manufacturers.  These dumping margins follow Commerce’s finding of de minimis countervailing duty margins for Korean line pipe… Continue Reading

State and Commerce Departments Issue Proposed Rules on Fire Control, Range Finder, Optical, and Guidance and Control Equipment

Posted in Export Controls
Today, the Department of State issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) to revise Category XII of the U.S. Munitions List (USML). The Department of Commerce issued a companion proposed rule to amend the Export Administration Regulations (EAR). These proposed rules are part of the Administration’s ongoing Export Control… Continue Reading

OFAC Amends Sudanese Sanctions Regulations on Personal Communications

Posted in Economic Sanctions, Export Controls
Effective February 18, 2015, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) published a series of amendments to its Sudanese Sanctions Regulations (SSR), 31 C.F.R. Part 538, permitting the export or reexport of certain services, software, and hardware incident to personal communications to or in Sudan.  These amendments were issued in conjunction… Continue Reading

BIS Publishes Amendments to Promote the Free Flow of Information in Sudan

Posted in Export Controls
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) easing its licensing policy and creating exceptions to license requirements for certain communications items sent to Sudan, consistent with the U.S. government’s commitment to advancing the free flow of information in Sudan. These changes were made… Continue Reading

BIS Publishes Broad Export Restrictions on the Crimea Region of Ukraine

Posted in Export Controls
As part of the U.S. government’s continuing effort to rebuke Russia for its purported annexation of the Crimea region of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published broad restrictions on exports, reexports, and transfers of items subject to the Export Administration Regulations (EAR) to or within the Crimea region. … Continue Reading

BIS Publishes Amendments Easing Trade Restrictions on Cuba

Posted in Export Controls
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published sweeping amendments to the Export Administration Regulations (EAR), implementing the changes first announced by the President on December 17, 2014 and paving the way for increased trade and engagement with Cuba.  A license is required to export and reexport to Cuba any item subject… Continue Reading

OFAC and Commerce Amend Their Cuba Regulations to Open Up Trade and Investment with Cuba

Posted in BIS, Economic Sanctions, Export Controls
Today, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the issuance of their eagerly awaited amendments to the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR), respectively.  These amendments implement the President’s policy to significantly ease restrictions… Continue Reading

BIS Provides Much-Needed Clarity Regarding How it Defines “Crude Oil”

Posted in Export Controls
Since last summer, there has been considerable uncertainty regarding how to classify lease condensate that has undergone some processing for export control purposes.  To address this issue, the Department of Commerce’s Bureau of Industry and Security (BIS) recently issued a Frequently Asked Questions (FAQ) guide discussing the difference between lease condensate and liquid hydrocarbons considered to… Continue Reading

Final Export Control Reform Rules for Electronics Effective Today

Posted in Export Controls
Today is the effective date of the Department of State’s final rule (with corrections available here) and the Department of Commerce’s final rule revising the export controls applicable to electronics.  The new rules shift control of many electronics from the State Department’s International Traffic in Arms Regulations (ITAR) to the Commerce Department’s Export Administration Regulations… Continue Reading

WTO Decisions Create Questionable Standards for Subsidies Benchmarks

Posted in Dumping and Subsidies, Trade Agreement Compliance, Trade Remedies, World Trade Organization
In two recent disputes, the World Trade Organization (WTO) Appellate Body issued reports that make the world safer for subsidized exports.  Following decisions that restrict the Department of Commerce’s (“Commerce”) ability to identify state-owned enterprises as “public entities,” these reports raise important questions, including: Why is the Appellate Body issuing decisions that arguably safeguard state… Continue Reading

Leveling the Playing Field Act: What effect will it have on the U.S. trade laws?

Posted in Trade Policy, Trade Remedies
Yesterday, Senator Sherrod Brown (D-OH) introduced bill S.2994—the “Leveling the Playing Field Act” (“Act”)—in the U.S. Senate.  The legislation is intended to improve the United States’ ability to address unfair foreign trade practices, in part by strengthening the U.S. antidumping (AD) and countervailing duty (CVD) laws.  The bill has provisions affecting both the Department of… Continue Reading

The Answers to Your Questions About BIS’s Russia Sanctions Are Here

Posted in Export Controls
The Department of Commerce’s Bureau of Industry and Security (BIS) has published a much-anticipated Frequently Asked Questions (FAQs) guide to its Russia sanctions.  The FAQs guide primarily addresses BIS’s broad energy-sector sanctions, which prohibit the export, reexport, or in-country transfer of certain items without a license when the person either: (1) knows or is informed… Continue Reading

New Satellite Rules Effective Today

Posted in Export Controls
Today, the Department of State’s final rule (with corrections available here) and the Department of Commerce’s final rule revising the export controls applicable to satellites and related parts, components, software, technology, and services became effective.  The agencies published interim final rules detailing the changes in May 2014.  This is long-awaited and welcome news to the… Continue Reading

Another Round of Export Restrictions on Russia

Posted in Export Controls
The ever-evolving sanctions targeting Russia in response to the crisis in Ukraine just became more complicated, as the Commerce Department issued a new set of export restrictions aimed at further limiting U.S. trade with Russia’s defense and energy sectors. Defense Sector Sanctions Commerce added the following Russian defense companies to its Entity List and imposed… Continue Reading

Russian Energy Sanctions: Here We Go Again…

Posted in Export Controls
This year, the U.S. government has implemented a wave of new sanctions targeting Russia in response to the ongoing crisis in Ukraine. Among the growing web of restrictions on doing business with Russia, the Commerce Department’s recent Russian oil industry sanctions have particularly far-reaching implications for companies involved with Russia’s energy sector.… Continue Reading

Commerce Places Substantial Anti-dumping Duties On Chinese Wire Rod

Posted in Dumping and Subsidies, Trade Remedies
The U.S. Department of Commerce (Commerce) has placed preliminary dumping duties in excess of 100 percent on all wire rod imported from China.  These import duties will be instrumental in providing relief to the domestic wire rod industry that has already suffered material injury caused by Chinese imports.  In its preliminary determination published on September… Continue Reading
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