U.S. Commerce Department Exports

News & Analysis as of

Limits on E-Waste Exports being considered by Congress

The Secure E-Waste Export and Recycling Act (H.R.5579) was introduced in the House of Representatives on June 24, 2016. It aims to control the export of electronic waste to prevent such waste from becoming counterfeit goods...more

With the New Definitions Rules from Commerce and State, Do You Need to Change Your Export Compliance Program? (IRB No. 555)

The long-awaited definitions rules have finally arrived as part of Export Control Reform. But wait, they’re not all there—the definitions, that is. While Commerce addressed essentially all of the items included in its last...more

Alert: US Government Issues Administrative Subpoena to Huawei Technologies

According to recent news reports, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a subpoena in April to Huawei Technologies Co. ("Huawei"), one of the world's largest telecommunications equipment...more

Contracting Globally - Part 1: Export Administration Regulations

The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

New Commerce Department Procedure Available for U.S. Cuba License Holders – It’s a Bit Hard to Find, But if You Need It, You Need...

We all know that export regulations cannot keep up with reality. Reforms are happening very quickly, especially regarding Cuba. So, here’s a new procedure we just discovered. Perhaps it can help you if you are ever similarity...more

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years

On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of continuation of the relief provided by the orders on polyethylene retail carrier bags from China,...more

Alert: US Issues Temporary License for Exports to Chinese Telecom Company ZTE

Today, March 24, 2016, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a final rule revising the Export Administration Regulations ("EAR") and creating a temporary general license lifting certain...more

U.S. Commerce Department Expected to Temporarily Lift Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On March 8, 2016, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and affiliates Beijing 8-Star International Co. and ZTE...more

WTO Panel in US-Korea Washer Dispute Rejects US Use of Zeroing to Address Targeted Dumping

A WTO Panel has issued a mixed ruling in a Korean challenge to anti-dumping and countervailing duties imposed by the United States on certain imported washing machines. This decision marks the first time that a WTO panel has...more

Doing Business With Cuba: New Guidance Posted

As President Obama moves forward to revise policies toward Cuba, opportunities for carriers on the U.S.-route continue to arise. In addition to revisions to relevant FCC regulations, which we’ve covered here and here,...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

Alert: US Restricts Exports and Reexports to Chinese Telecom Company ZTE

The US Commerce Department's Bureau of Industry and Security ("BIS") has issued a final rule amending the Export Administration Regulations ("EAR") and imposing trade restrictions against Zhongxing Telecommunications...more

House Votes to Lift US Crude Oil Exports Ban

The latest effort to repeal the export ban faces an uncertain future as it heads to the Senate. On October 9, the US House of Representatives voted 261-159 to lift the decades-old ban on US crude oil exports. The bill,...more

Shrinking Sanctions: New Changes Allow U.S. Companies to Establish Cuban Business Presence

Policy changes announced by the Obama administration on September 18 will allow U.S. food and agriculture companies, U.S. telecommunications companies and U.S. building material supplier companies to establish a business...more

US revises Cuba sanctions regulations to further normalize trade with Cuba

On September 18, 2015, the US Department of Treasury and US Department of Commerce released significant revisions to the US embargo on Cuba, as set out in the Cuban Assets Control Regulations (CACR) and the Export...more

US Government Further Relaxes Trade Restrictions with Cuba

However, the new transaction rules leave the embargo largely in effect. Early this week, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and...more

State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba

Amendment triggers change in EAR de minimis level for controlled US-origin content in foreign made products. On April 14, US President Barack Obama submitted to Congress the statutorily required report indicating the...more

U.S. Government Approves Crude Oil Swaps with Mexico While Congress Considers Repealing the Underlying Export Restrictions

On August 14, 2015, the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) indicated that it would approve a number of export license applications permitting parties in the United States to swap crude oil...more

US Imposes Significant Export Restrictions on Russian Oil and Gas Field

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added the Yuzhno-Kirinskoye Field, a Russian oil and gas field, to the Entity List on August 7, 2015. The action effectively prohibits all persons from...more

U.S. Department of Commerce Places Severe Export Restrictions on Russian Deepwater Oil and Gas Field

On August 7, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding the Yuzhno-Kirinskoye Field, a Russian oil and gas field located in the Sea of Okhotsk, to its Entity...more

Limited Access to Cuba but it is a Start for U.S. Businesses

As you know there are ongoing changes to the Cuba export regulations. President Obama announced the reopening of the U.S. embassy in Havana and a Cuban embassy in Washington. The Commerce Department will remove Cuba from list...more

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

California Fresh Garlic Producers Crack Chinese Scheme to Avoid Dumping Duties

On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more

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