Bureau of Industry and Security (BIS)

  • On August 23, BIS published in the Federal Register a proposed rule which would align the time limit of License Exception Temporary Imports, Exports, Re-exports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program.
    • Currently, TMP allows for the temporary export and re-export of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, re-export, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP.
    • However, the one-year period does not align with the time constraints of Mexico's IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months.
    • This rule proposes to amend TMP to complement the timeline of the IMMEX program. Under this proposed amendment, items temporarily exported or re-exported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or re-export.
    • Comments must be received by October 24, 2016.

Bureau of Industry and Security (BIS) and Directorate of Defense Trade Controls (DDTC)

  • On August 17, BIS published in the Federal Register a final rule revising the destination control statement in the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in the International Traffic in Arms Regulations (ITAR). DDTC’s corresponding amendment to the ITAR was published on the same day.
    • Both rules are effective November 15, 2016.

Directorate of Defense Trade Controls (DDTC)

  • On September 1, DDTC implemented Revision 4.4a of the Guidelines for Preparing Electronic Agreements. The updated guidelines, as well as a preamble with a summary of changes may be found here.
  • Effective September 6, DDTC will only be uploading licensing submissions (i.e., DSP -5, -6, -61, -62, -73, -74, and Batch Schemas) and posting licenses (Approved, Approved with Provisos, RWAed, and Denied) at 6:30 AM and again at 5:30 PM.

Office of the U.S. Trade Representative (USTR)

U.S. Customs and Border Protection (CBP)

  • On August 8, CBP announced in the Federal Register its plan to modify the National Customs Automation Program (NCAP) test by establishing Automated Commercial Environment (ACE) Protest Filer Accounts.
  • On August 12, CBP issued a second Federal Register Notice announcing its plan to conduct an ACE Protest Test beginning on August 29.
    • During the test, participants will be able to submit additional arguments and supporting information electronically with their electronic protest in ACE.
    • In addition, participants will be able to submit requests for further review, requests for accelerated disposition, requests to set aside denial of further review, and requests to void denial of a protest electronically in ACE.
  • On August 29, CBP published a proposed rule in the Federal Register to amend CBP regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing into the customs territory of the U.S. chemicals in bulk form or as part of mixtures and articles containing a chemical or mixture.
    • The proposed regulations include an electronic option for filing TSCA certifications, consistent with the Security and Accountability for Every Port Act of 2006 and also propose to clarify and add certain definitions, and to eliminate the paper-based blanket certification process.
    • Comments must be received on or before September 28, 2016.
  • On August 30, CBP issued a Federal Register Notice announcing that the Automated Control Environments (ACE) will be the sole electronic data interchange (EDI) system authorized by the CBP Commissioner for processing electronic drawback and duty deferral entry and entry summary filings. This notice also announced a name change for the ACE filing code for duty deferral and the creation of a new ACE filing code for all electronic drawback filings, replacing the six distinct drawback codes previously filed in ACS.