Export Procedures, ITDS, Food Facilities, Seafood Trade Among Topics of Upcoming Rules

Wednesday, May 23, 2018
Sandler, Travis & Rosenberg Trade Report

New rules on seafood trade as well as proposed and final rules on topics such as the International Trade Data System, export procedures, and food facility registration are among the regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies. These online resources list the following regulations affecting international trade that could be issued within the next year, with the expected timeframes indicated in parentheses.

Upcoming Regulations

– a State Department final rule clarifying when exports may be made to or on behalf of a U.S. government agency without a license and expanding this exemption to allow for permanent exports (May 2018; previously December 2017)

– a Fish and Wildlife Service proposed rule to revise the regulations on the importation, exportation, and transportation of wildlife to adapt to the International Trade Data System, clarify prior notification requirements and clearance and clearance refusal options, and add the ability for FWS to offer a conditional release of certain wildlife to coordinate release activities under ITDS (June 2018; previously December 2017)

– an FWS proposed rule to (a) add a definition of “shellfish and fishery products” to the regulations that govern the importation, exportation, and transportation of wildlife and (b) revise the regulations regarding the exemption from import/export license requirements for certain shellfish and fishery products (June 2018; first time published)

– a proposed rule from the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to amend the regulations on the exportation of distilled spirits, wine, beer, and tobacco products to update export procedures and implement ITDS (September 2018; unchanged)

– a State Department proposed rule to provide for the filing of trade documents for shrimp and shrimp productsin ITDS (October 2018; first time published)

– an FDA final rule requiring certain data elements to be submitted to the FDA and U.S. Customs and Border Protection for veterinary devices (October 2018; previously May)

– an FDA proposed rule that would remove requirements that apply to importers of food for humans and animals concerning requirements to obtain written assurance from the customer that identified hazards will be controlled (November 2018; previously August)

– a State Department final rule clarifying the requirements for the licensing and registration of U.S. persons providing defense services while in the employ of foreign persons (December 2018)

– an FDA final rule on gluten-free labeling of fermented, hydrolyzed, or distilled foods (December 2018; previously October)

– a proposed rule from the Justice Department’s Bureau of Alcohol, Tobacco, Firearms, and Explosives to replace the term “specifically designed” with the term “specially designed” in 27 CFR Part 447 to make terminology consistent between the U.S. Munitions Import List, the International Traffic in Arms Regulations, and the Commerce Control List (December 2018; previously September)

– an FDA proposed rule to make clarifying changes to the general provisions related to the registration of food facilities rule (April 2019)

Completed Rulemakings

– a State Department final rule adding South Sudan to the regulations on prohibited exports, imports, and sales to and from certain countries

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