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US – BIS adds 24 Chinese Companies to the Entity List for their activities in the South China Sea

By , and 3 Mins Read

On August 27, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule (“Final Rule”) adding 24 Chinese state-owned entities to the Entity List (the “SCS Designees”), including several subsidiaries of China Communications Construction Company (CCCC), due to their ties to land reclamation efforts involving artificial islands in the South China Sea. In a press statement released with the designations, the Commerce Department cited the role played by the SCS Designees in building and militarizing…

US – CBP issues guidance on Tranche 3 ($200 billion action)

By 4 Mins Read

On September 1, 2020, CBP issued CSMS #43828656 – GUIDANCE: Section 301 Tranche 3 – $200B Product Exclusions and Technical Amendments, which provides guidance on the product exclusions and technical amendments to Tranche 3 announced by the US Trade Representative in the August 24, 2020 Federal Register. It is reproduced below: Background On August 24, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 52188, announcing additional product exclusions and technical amendments…

US – USTR grants additional product exclusion extensions for Tranche 4A ($300 billion action)

By 2 Mins Read

On August 28, 2020, the Office of the US Trade Representative (USTR) posted a notice to be published in the Federal Register that extends eighty-seven Tranche 4A ($300 billion action) product exclusions from September 1, 2020 through December 31, 2020, as set out in the Annexes to the notices. USTR has issued eight notices of product exclusions under this action. These exclusions are scheduled to expire on September 1, 2020. On June 26 (85 FR 38482),…

US Commerce Department expands Huawei- and Entity List-related rules, further restricting Huawei’s access to semiconductors produced from US technology and software

By , and 7 Mins Read

On August 17, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule (published in the Federal Register on August 20, 2020) (i) expanding the Export Administration Regulations (EAR) General Prohibition Three (the foreign-produced direct product rule, or the “FPDP Rule”) to further restrict Huawei Technologies Co. Ltd. and its affiliates designated on the BIS Entity List (collectively, “Huawei”) from acquiring foreign-produced semiconductors that are the direct product of certain US…

US – USTR to grant additional product exclusions for the $200 billion action (Tranche 3)

By 2 Mins Read

On August 24, 2020, the Office of the US Trade Representative will publish in the Federal Register a notice that announces the USTR’s determination to grant certain exclusions and make technical amendments to previously announced exclusions. The product exclusions will apply from September 24, 2018 to August 7, 2020. The amendments announced in this notice are retroactive to the date the original exclusions were published and do not extend the period for the original exclusions.…

US – CBP grants additional 45 days for goods from Hong Kong to be marked “China” for country of origin purposes

By 2 Mins Read

On August 11, 2020, US Customs and Border Protection (CBP) published in the Federal Register a general notice [CBP Dec. 20-15] that notifies the public that, in light of the President’s Executive Order 13936 on Hong Kong Normalization (EO), issued on July 14, 2020, suspending the application of section 201(a) of the United States-Hong Kong Policy Act of 1992 to the marking statute, section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), with respect to imported goods produced in Hong Kong,…

US – USTR to hold a hearing on China’s compliance with WTO commitments

By 1 Min Read

On August 18, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a document indicating that the interagency Trade Policy Staff Committee (TPSC) requests comments and will hold a public hearing [Docket Number USTR-2020-0033] to assist the USTR in the preparation of its annual report to Congress on China’s implementation of its obligations as a Member of the World Trade Organization (WTO). Due to COVID-19, the TPSC will foster public…

US – CBP issues guidance on Sec. 301 Tranche 3 ($200 billion) product exclusion extensions

By 4 Mins Read

On August 17, 2020 CBP issued CSMS #43687570 – GUIDANCE: Section 301 China Tranche 3 – $200B Product Exclusion Extensions, which is reproduced below: Background On August 11, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 48600, extending certain product exclusions previously covered by FR Notices 84 FR 38717, 84 FR 49591, 84 FR 57803, 84 FR 61674, 84 FR 65882, 84 FR 69012, 85 FR 549, 85 FR 6674, 85…

US – USTR amends a product exclusion under the $16 billion action (Tranche 2)

By 1 Min Read

On August 13, 2020, the Office of the US Trade Representative published in the Federal Register a notice that announces the USTR’s determination to make an amendment to a previously granted exclusion. The amendment is retroactive to the date the original exclusion was published and does not extend the period for the original exclusion. US Customs and Border Protection will issue instructions on entry guidance and implementation. Subparagraph A of the Annex to the notice…

US – USTR amends a product exclusion under the $34 billion action (Tranche 1)

By 1 Min Read

On August 13, 2020, the Office of the US Trade Representative published in the Federal Register a notice that announces the USTR’s determination to make a technical amendment to a previously granted exclusion. The amendment is retroactive to the date the original exclusion was published and does not extend the period for the original exclusion. US Customs and Border Protection will issue instructions on entry guidance and implementation. Paragraph A of the Annex makes one…