Commerce Department Publishes Rulemaking Docket: What's on the Chopping Block and What's Getting the Ol' College Try…. At Least for Now

Jul. 16, 2026
By: Hannah B. Kreinik

The legend Bob Dylan said it best when he wrote “The Times They Are A’Changin.” We are not just talking about the past year and a half though, the Commerce Department, as well as many other federal agencies, published a long rulemaking docket for prospective changes in the upcoming year. Both the International Trade Administration (ITA) and the Bureau of Industry and Security (BIS) have key rules on deck for the next year. You can see all the proposed changes for every federal agency in the Unified Agenda of Federal Regulatory and Deregulatory Actions.

The ITA is considering some changes to Antidumping (AD) and Countervailing (CVD) Duty rules, including rules regarding all-others rate edibility and average-to-transaction comparisons. First, the agency is reviewing current policy on estimating unaffiliated reseller entries of subject merchandise at the all-others rate brought on by a less-than fair-value investigation, instead of an examined producer rate for merchandise in the review. A change like this can be beneficial or harmful to the importer, as all-others rates tend to land somewhere in between specific producer rates. Thus, it is possible for importers to emerge from this regulatory change at a higher rate than what was previously paid. Next, the ITA is reviewing the less-than fair-value investigation methodology, which is currently the average-to-comparison method. It is known that this is a less-than popular methodology for some in the trade community. Finally, the agency is looking at editing or completely removing the regulatory measure that permits expedited administrative review post-CVD investigations. Finally, the agency plans to unveil the long-dreaded process for adding automotive and light truck parts to the Section 232 list (see our article on the interim rule here). Importers should be prepared for new waves of additional parts facing Section 232 duties once the process is complete and open for submissions.

In line with the theme of this article, our ever-changing world, BIS is reviewing policies on AI, supercomputers, and semiconductor chips. The “diffusion” rule, which came to fruition under the Biden administration, is facing the chopping block while the agency pursues new rules for exporting enhanced AI chips (see our article on the topic here and here). The agency also plans to adopt a final rule for the interim EAR controls on items like supercomputers and semiconductor manufacturing equipment. The new rules will include input from the previous public comment period and additional national security concerns as well as clarifying certain points from the interim rule.

Importers should know, when new Changes come in this administration, Barnes, Richardson & Colburn attorneys are here to keep you informed and in compliance.