The Commerce Department’s fall 2024 regulatory agenda for the Bureau of Industry and Security features a host of new rules that could soon update U.S. export controls, including restrictions on aircraft engines, biological equipment and reporting requirements for certain weapons sales, AI chips.
Tariff classification rulings
The transfer of certain customs issues from the EU Court of Justice to the EU General Court "could lead to faster and more specialized decisions," lawyers at Baker McKenzie said in a client alert earlier this month. Partner Arnoud Willems and associate Line Hammoud said the change potentially could make it easier for companies to "bring cases and achieve favorable outcomes."
The Bureau of Industry and Security and its technical advisory committees should do more public outreach to make sure companies are aware of important export control updates sometimes buried in Federal Register notices, a BIS committee heard last week. That outreach is especially critical for companies working with industrial chemical processing equipment, a committee member and industry lawyer said, which has commercial uses but is increasingly drawing BIS scrutiny for its military capabilities, including in chemical weapons.
The Federal Maritime Commission is asking for public comments on an information collection related to ocean common carriers that are subject to the FMC’s regulations. The notice said controlled carriers must ensure that they don’t maintain rates or charges in their tariffs and service contracts “that are below a level that is just and reasonable; nor establish, maintain, or enforce unjust or unreasonable classifications, rules, or regulations in those tariffs or service contracts that result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level.” Public comments are due Oct. 22.
The Commerce Department’s spring 2024 regulatory agenda for the Bureau of Industry and Security features a range of upcoming rules that could update and expand U.S. export control regulations, including new controls on the activities of U.S. persons in support of foreign military and intelligence agencies, revised regulatory language to address “diversion concerns,” new multilateral restrictions on emerging technologies and broader license requirements for Pakistan.
The Council of the EU on March 19 approved reform efforts for the EU Court of Justice, transferring jurisdiction of various issues to the EU General Court. The council must now approve amendments to both courts' rules of procedure before the changes take effect.
Maersk violated the Shipping Act by failing to keep its "automated tariff system" open for public inspection, shipper OL USA said in a complaint filed with the Federal Maritime Commission on Feb. 14. The shipper accused Maersk of being "deceptive" and its tariff platform of lacking "functionality," adding that it was "unable to verify Maersk’s representations regarding the substance of its tariffs."
Dependable Highway Express charged an importer detention and demurrage on behalf of Mediterranean Shipping Co. after the ocean carrier had waived the charge, importer ICL USA said in a complaint to the Federal Maritime Commission. DHE also assessed ICL a 10% surcharge on the fees, in violation of its contractual role as a trucker.
The World Customs Organization is considering changes to the tariff nomenclature that underlies the Harmonized Tariff Schedule of the U.S. and over 200 other country tariff schedules around the world to potentially make classification easier and allow for more detail and accuracy in the identification of goods.
As U.S. chip and technology companies continue to grapple with the U.S’s latest export restrictions on China (see 2211010042), a number of firms fear the controls will hurt their sales and exacerbate uncertainty in the semiconductor sector and the industry’s supply chains. In filings with the Securities & Exchange Commission this month, at least one firm projected revenue losses while others said they are still assessing the impact of the complex controls and whether they can secure export licenses.