The Census Bureau's March 2012 AES Newsletter states that the calculation of AES compliance rates will include outstanding fatal errors beginning with the April 2012 AES Compliance Report. In addition, filers will receive additional information regarding these unresolved errors. A final notification of this change will be sent 2 weeks prior to the implementation date.
The State Department issued a final rule, effective March 22, 2012, amending the International Traffic in Arms Regulations (ITAR) at 22 CFR Part 126 to add another exception to the license denial policy toward Sri Lanka. This change allows for exports to Sri Lanka for assistance for aerial and maritime surveillance, pursuant to the Consolidated Appropriations Act of 2012 (Public Law 112-74).
The Census Bureau has posted to its website the March 2012 issue of its Automated Export System Newsletter (AES Newsletter). The newsletter contains the following articles:
The Census Bureau has issued an AES Broadcast stating that, effective immediately, the Harmonized Tariff Schedule (HTS) tables in the Automated Export System (AES) have been updated for the Korea Free Trade Agreement (KFTA). According to the broadcast and Census sources, AES will accept shipments with outdated codes for a 30-day grace period from approximately March 14 through April 13, 2012. Reporting an outdated code after the 30 day grace period will result in a fatal error.
On January 17, 2012, the Energy Department issued a proposed rule on energy conservation standards for several classes of commercial heating, air-conditioning, and water-heating equipment. The DOE is now issuing a supplement to that proposed rule that would (i) modify the initially proposed definition of “computer room air conditioner”, (ii) clarify the proposed test procedure provisions for commercial package air-conditioning and heating equipment and variable refrigerant flow systems, and (iii) clarify the application of the DOE test procedures and harmonize DOE testing with the testing performed by industry. The DOE is seeking comments on this supplemental rule by April 2, 2012.
The U.S. Department of Agriculture has withdrawn its March 8, 2012 proposed rule that would have added reporting for pork (fresh, chilled, and frozen box/primal cuts) and distillers dried grain (DDG) to the Export Reporting Requirements. USDA learned after publication that clearance from the Office of Management and Budget had not yet been obtained, so the proposed rule needs to be withdrawn until such clearance is conveyed.
This is a reminder that, for antidumping and countervailing duty investigations initiated on the basis of petitions filed on or after November 2, 2011, the posting of bonds in lieu of cash deposits will no longer be allowed from the date of the preliminary determination until the effective date of the order (i.e., the provisional measures period). The first set of investigations affected by this change has preliminary determination dates scheduled for late May and early June 2012.
The State Department has issued a final rule amending the International Traffic in Arms Regulations (ITAR) to implement the 2007 Defense Trade Cooperation Treaty between the U.S. and the United Kingdom, which provides for, among other things, an exemption from otherwise applicable licensing requirements for persons or entities exporting defense articles or services to the UK for certain end-uses. The final rule also identifies the defense articles and services that may not be exported pursuant to the Treaty, and adds Israel to the list of countries and entities that have a shorter certification time period and a higher dollar value reporting threshold.
The Bureau of Industry and Security’s Regulations and Procedures Technical Advisory Committee (RPTAC) held a partially open meeting on March 6, 2012 to discuss, among other things, upcoming proposed and reproposed rules implementing elements of the Export Control Reform (ECR), including the transitional 600 series ECCNs proposed rule and the "specially designed" reproposed rule, and the upcoming rule implementing the changes adopted at the December 2011 Wassenaar Plenary.
Commerce Secretary John Bryson and European Union Commission Vice-President Viviane Reding issued a joint statement in connection with the March 19, 2012 High Level Conference on Privacy and Protection of Personal Data, held simultaneously in Washington and Brussels. The statement noted progress in personal data protection and privacy, in particular the January 25, 2012 adoption by the EU Commission of legislative proposals to reform and unify data protection laws and enforcement rules and the February 23, 2012 release of the Consumer Privacy Bill of Rights by the Obama Administration.