(a) Scope. Section 7(c) of the Export Administration Act of 1979 (EAA) provides for the filing and review of petitions seeking the imposition of monitoring or controls on recyclable metallic materials.
(b) Eligibility for filing petitions. Any entity, including a trade association, firm or certified or recognized union or group of workers, which is representative of an industry or a substantial segment of an industry which processes metallic materials capable of being recycled with respect to which an increase in domestic prices or a domestic shortage, either of which results from increased exports, has or may have a significant adverse effect on the national economy or any sector thereof, may submit a written petition to BIS requesting the monitoring of exports, or the imposition of export controls, or both, with respect to such materials.
(c) Public hearings. The petitioner may also request a public hearing. Public hearings may also be requested by an entity, including a trade association, firm, or certified or recognized union or group of workers, which is representative of an industry or a substantial segment of an industry which processes, produces or exports the metallic materials which are the subject of a petition.
(d) Address. Submit petitions pursuant to section 7(c) of the EAA, via courier, to: Bureau of Industry and Security, U.S. Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2099B, Washington, DC 20230. [61 FR 12844, Mar. 25, 1996, as amended at 62 FR 25467, May 9, 1997; 73 FR 38, Jan. 2, 2008; 78 FR 13470, Feb. 28, 2013]
Sec. Supplement No. 1 to Part 754--Crude Petroleum and Petroleum
Products
This Supplement provides relevant Schedule B numbers and a commodity description of the items controlled by ECCNs 1C980, 1C981, 1C982, 1C983, and 1C984. The 10-digit Harmonized System-based Schedule B commodity numbers and descriptions below are drawn from Chapter 27 of the Schedule B 2014 found at and the AES 2014 Export Concordance (December 30, 2013) http://www.census.gov/foreign- trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the information in this supplement and the information in the most current Schedule B, use the most current Schedule B commodity number on your Electronic Export Information filing on the Automated Export System. ------------------------------------------------------------------------
Schedule B No. Commodity description------------------------------------------------------------------------
CRUDE OIL------------------------------------------------------------------------2709001000........................ Petroleum oils and oils obtained
from bituminous minerals, crude.2709002010........................ Petroleum oils and oils obtained
from bituminous minerals, testing
25 degrees API or more, condensate
derived wholly from natural gas,
crude.2709002090........................ Petroleum oils and oils obtained
from bituminous minerals, testing
25 degrees API or more, crude,
NESOI.2714100000........................ Bituminous or oil shale and tar
sands.------------------------------------------------------------------------
PETROLEUM PRODUCTS------------------------------------------------------------------------2707999010........................ Carbon black feedstock.2710121510........................ Leaded gasoline.2710121514........................ Unleaded gasoline, reformulated.2710121519........................ Unleaded gasoline, NESOI.2710121520........................ Jet fuel, naphtha-type.2710121550........................ Motor fuels, NESOI.2710121805........................ Motor fuel blending stock,
Reformulated Blendstock for
Oxygenate Blending (RBOB).2710121890........................ Motor fuel blending stock, except
Reformulated Blendstock for
Oxygenate Blending (RBOB).2710122500........................ Naphthas, except motor fuel or motor
fuel blending stock.2710124500........................ Light oil and preparation, mixtures
of hydrocarbons containing by
weight not over 50 percent of any
single hydrocarbon compound, NESOI.
2710129000........................ Light oils and preparations obtained
from bituminous minerals containing
by weight 70 percent or more of
petroleum oils, NESOI.2710190605........................ No. 4-type fuel oils, API lt 25
degrees, having a saybolt universal
viscosity at 37.8 degrees C of 45-
125 seconds, with not over 500 ppm
of sulfur.2710190615........................ No. 4-type fuel oils under 25
degrees API having a saybolt
universal viscosity at 37.8 degrees
C of 45-125 seconds, having over
500 ppm sulfur.2710190620........................ Heavy fuel oils under 25 degrees API
having saybolt universal viscosity
at 37.8 degrees C of more than 125
seconds.2710190650........................ Distillate and residual fuel oils
(including blended fuel oils),
testing under 25 degrees API,
NESOI.2710191106........................ Light fuel oils testing 25 degrees
API or more, containing not more
than 15 ppm of sulfur.2710191109........................ Light fuel oils testing 25 degrees
API or more, containing more than
15 ppm but not more than 500 ppm of
sulfur.2710191112........................ Light fuel oils 25 degrees API or
more having a saybolt universal
viscosity at 37.8 degrees C of less
than 45 seconds, containing over
500 ppm sulfur.2710191115........................ No. 4-type fuel oils containing not
more than 500 ppm of sulfur.2710191125........................ No. 4-type fuel oils containing more
than 500 ppm of sulfur.2710191150........................ Heavy fuel oils 25 degrees API or
more with a saybolt universal
viscosity at 37.8 degrees C of more
than 125 seconds.2710191600........................ Kerosene-type jet fuel, NESOI.2710192400........................ Kerosene motor fuel.2710192500........................ Kerosene motor fuel blending stock.2710192600........................ Kerosene, except motor fuel or motor
fuel blending stock, NESOI.2710193010........................ Aviation engine lubricating oils
(except jet engine lubricating
oils).2710193020........................ Automotive, diesel or marine engine
(except turbine) lubricating oils.2710193030........................ Turbine lubricating oil, including
marine.2710193040........................ Automotive gear oils.2710193050........................ Steam cylinder oils.2710193070........................ Quenching or cutting oils.2710193080........................ Lubricating oils with or without
additives, NESOI.2710193750........................ Lubricating greases with or w/out
additives.2710194530........................ White mineral oils, medicinal grade.2710194540........................ White mineral oils, except medicinal
grade.2710194545........................ Insulating or transformer oils,
NESOI.2710194590........................ Mixtures of hydrocarbons NESOI,
containing by weight not over 50
percent of any single hydrocarbon
compound.2710199000........................ Petroleum oils or oils obtained from
bituminous minerals, other than
crude, containing by weight 70% or
more of petroleum oils, NESOI.2710200000........................ Petroleum oils or oils obtained from
bituminous minerals, other than
crude, containing by weight 70% or
more of petroleum oils, containing
biodiesel.2710910000........................ Waste oils containing
Polychlorinated Biphenyls (PCBs),
Polychlorinated Terphenyls (PCTs),
or Polybrominated Biphenyls (PBBs).2710990000........................ Waste oils, not elsewhere specified
or included.2711110000........................ Natural gas, liquefied.2711120000........................ Propane, liquefied.2711130000........................ Butanes, liquefied.2711140000........................ Ethylene, propylene, butylene and
butadiene liquefied.2711190000........................ Petroleum gases and other gaseous
hydrocarbons, liquefied, NESOI.2712200000........................ Paraffin wax containing less than
0.75 percent oil.2712900000........................ Microcrystalline petroleum wax,
slack wax, ozokerite, lignite wax,
peat wax, other mineral waxes, and
similar products, NESOI.2713110000........................ Petroleum coke, not calcined.2713120000........................ Petroleum coke, calcined.2713200000........................ Petroleum bitumen.2713900000........................ Residues of petroleum oils or of
oils obtained from bituminous
materials, NESOI.2714900000........................ Bitumen and asphalt, natural;
asphaltites and asphaltic rocks.2715000000........................ Bituminous mixtures based on natural
asphalt, natural bitumen, petroleum
bitumen, mineral tar or mineral tar
pitch.2804100000........................ Hydrogen.2804290010........................ Helium.2811210000........................ Carbon dioxide.2811299000........................ Carbon monoxide.2814100000........................ Anhydrous ammonia.2814200000........................ Ammonia in aqueous solution.3819000000........................ Hydraulic brake fluids and other
prepared liquids for hydraulic
transmission, not containing or
containing less than 70 percent by
weight of petroleum oils or oils
obtained from bituminous minerals.------------------------------------------------------------------------ [79 FR 34411, June 17, 2014]
Sec. Supplement No. 2 to Part 754--Unprocessed Western Red Cedar
This table is a non-exhaustive list of 10-digit Harmonized System-based Schedule B commodity numbers that may apply to unprocessed western red cedar products subject to license requirements of Sec. 754.4 of this part. The 10-digit Harmonized System-based Schedule B commodity numbers and descriptions below are drawn from Chapter 44 of the Schedule B 2014 found at http://www.census.gov/foreign- trade/schedules/b/2014/c44.html and the AES 2014 Export Concordance (December 30, 2013) http://www.census.gov/foreign- trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the information in this supplement and the information in the most current Schedule B, use the most current Schedule B commodity number on your Electronic Export Information filing in the Automated Export System. ------------------------------------------------------------------------
Schedule B commodity No. Description------------------------------------------------------------------------
Wood in the rough------------------------------------------------------------------------4403100030........................ Poles, piles and posts; 'treated'.4403100060........................ Wood in the rough; 'treated'.4403200010........................ Not 'treated'; coniferous; poles,
piles and posts.4403200055........................ Not 'treated'; coniferous; logs and
timber; Western Red Cedar (Thuja
Plicata).------------------------------------------------------------------------
'Lumber'------------------------------------------------------------------------4407100101........................ Coniferous; finger-jointed.4407100102........................ Coniferous; except finger-jointed;
'treated'.4407100168........................ Coniferous; except finger-jointed;
not 'treated'; Western Red Cedar
(Thuja Plicata); 'rough'.4407100169........................ Coniferous; except finger-jointed;
not 'treated'; Western Red Cedar
(Thuja Plicata); not 'rough'.------------------------------------------------------------------------
Note 1: 4403 heading in the Schedule B 2014 pertains to ``wood in the rough, whether or not stripped of bark or sapwood, or roughly squared (not including lumber of heading 4407).''
Note 2: The 6-digit Harmonized System subheading 4403.10 and the 10-digit Harmonized System code 4407.10.0102 in Schedule B 2014 state that 'treated' means ``treated with paint, stain, creosote or other preservatives.''
Note 3: The 4407 heading in the Schedule B 2014 refers to 'lumber' as ``wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm (.236 inch).''
Note 4: Section IX--Chapter 44 of Schedule B 2014, Statistical Note 3 states, ``for the purpose of heading 4407, the term ``rough'' includes wood that has been edged, resawn, crosscut or trimmed to smaller sizes but it does not include wood that has been dressed or surfaced by planing on one or more edges or faces or has been edge-glued or end-glued.'' [79 FR 34412, June 17, 2014]
Sec. Supplement No. 3 to Part 754--Statutory Provisions Dealing With
Exports of Crude Oil [The statutory material published in this supplement is for the information of the reader only. See the U.S. Code for the official text of this material.]
Public Law 104-58
SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185(s)) is amended by amending subsection(s) to read as follows:
``EXPORTS OF ALASKAN NORTH SLOPE OIL
(1) Subject to paragraphs (2) through (6) of this subsection and notwithstanding any other provision of this Act or any other provision of laws (including any regulation) applicable to the export of oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652), such oil may be exported unless the President finds that exportation of this oil is not in the national interest. The President shall make his national interest determination within five months of the date of enactment of this subsection. In evaluating whether exports of this oil are in the national interest, the President shall at a minimum consider--
(A) whether exports of this oil would diminish the total quantity or quality of petroleum available to the United States;
(B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential adverse effects of exports of this oil on the environment, which shall be completed within four months of the date of the enactment of this subsection; and
(C) whether exports of this oil are likely to cause sustained material oil supply shortages or sustained oil prices significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories.
If the President determines that exports of this oil are in the national interest, he may impose such terms and conditions (other than a volume limitation) as are necessary or appropriate to ensure that such exports are consistent with the national interest.
(2) Except in the case of oil exported to a country with which the United States entered into a bilateral international oil supply agreement before November 26, 1979, or to a country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652) shall, when exported, be transported by a vessel documented under the laws of the United States and owned by a citizen of the United States (as determined in accordance with section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)).
(3) Nothing in this subsection shall restrict the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
(4) The Secretary of Commerce shall issue any rules necessary for implementation of the President's national interest determination, including any licensing requirements and conditions, within 30 days of the date of such determination by the President. The Secretary of Commerce shall consult with the Secretary of Energy in administering the provisions of this subsection.
(5) If the Secretary of Commerce finds that exporting oil under authority of this subsection has caused sustained material oil supply shortage or sustained oil prices significantly above world market levels and further finds that these supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States, the Secretary of Commerce, in consultation with the Secretary of Energy, shall recommend, and the President may take, appropriate action concerning exports of this oil, which may include modifying or revoking authority to export such oil.
(6) Administrative action under this subsection is not subject to sections 551 and 553 through 559 of title 5, United States Code.
MINERAL LANDS LEASING ACT
30 U.S.C. 185(u)
Limitations on Export
Any domestically produced crude oil transported by pipeline over rights-of-way granted pursuant to this section, except such crude oil which is either exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. App. 2401 and following) and, in addition, before any crude oil subject this section may be exported under the limitations and licensing requirements and penalty and enforcement provisions of the Export Administration Act of 1979 the President must make and publish an express finding that such exports will not diminish the total quantity or quality of petroleum available to the United States, and are in the national interest and are in accord with the provisions of the Export Administration Act of 1979: Provided, That the President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within this time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to the aforementioned Presidential finding shall cease.
NAVAL PETROLEUM RESERVES PRODUCTION ACT
10 Sec. 7430(e)
Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1979, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1979.
OUTER CONTINENTAL SHELF LANDS ACT
43 U.S.C. 1354
(a) Application of Export Administration provisions.
Except as provided in subsection (d) of this section, any oil or gas produced from the outer Continental Shelf shall be subject to the requirements and provisions of the Export Administration Act of 1969. Note that the Export Administration Act of 1969, referred to in paragraphs (a) and (b) of the Supplement, terminated on September 30, 1979, pursuant to the terms of that Act.
(b) Condition precedent to exportation; express finding by President of no increase in reliance on imported oil or gas.
Before any oil or gas subject to this section may be exported under the requirements and provisions of the Export Administration Act of 1969, the President shall make and publish an express finding that such exports will not increase reliance on imported oil or gas, are in the national interest, and are in accord with the provisions of the Export Administration Act of 1969.
(c) Report of findings by President to Congress; joint resolution of disagreement with findings of President.
The President shall submit reports to Congress containing findings made under this section, and after the date of receipt of such reports Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether export under the terms of this section are in the national interest. If the Congress within such time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to such Presidential findings shall cease.
(d) Exchange or temporary exportation of oil and gas for convenience or efficiency of transportation.
The provisions of this section shall not apply to any oil or gas which is either exchanged in similar quantity for convenience or increase efficiency of transportation with persons or the government of a foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, or which is exchanged or exported pursuant to an existing international agreement. [61 FR 12844, Mar. 25, 1996, as amended at 78 FR 13470, Feb. 28, 2013]