Tariffs. Customs. Trade Remedies

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On August 6, 2020, the Office of the US Trade Representative posted on its website a notice of product exclusions to be published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to the notice, and make certain amendments to previously announced exclusions. The product exclusions announced in the notice apply as of September 1, 2019, the effective date of List 1 of the $300…

On July 31, 2020, US Customs and Border Protection (CBP) issued CSMS #43534641 – GUIDANCE: Eighth Round of Product Exclusions from China Section 301 Tranche 4A – $300B and Section 301 Technical Corrections, reproduced below: Background On July 23, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 44563 on certain exclusions from the Section 301 duty related to goods from China ($300B Action – Tranche 4). These product exclusions relate…

On July 30, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces USTR’s determination to extend certain exclusions through December 31, 2020. The first set of exclusions for List (Tranche) 2 was published in July 2019 and will expire in July 2020. On April 30, 2020, USTR established a process for the public to comment on whether to extend particular exclusions granted in July 2019…

On 28 July 2020, the EU agreed to impose EU-wide measures to restrict the export of certain items to Hong Kong. The EU Council’s press release can be found here. These restricted goods include equipment or technology that could be used for internal repression, interception of internal communications or cyber surveillance. Like recent US and UK measures, the new EU export controls have been proposed in response to the recent HK National Security Law. Germany has…

On July 28, 2020, the Office of the United States Trade Representative (USTR) posted on its website an advance copy of a notice to be published in the Federal Register that announces USTR’s determination to extend certain exclusions through December 31, 2020. The first set of exclusions for List (Tranche) 2 was published in July 2019 and will expire in July 2020. On April 30, 2020, USTR established a process for the public to comment…

On July 23, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to the notice, and make certain amendments to previously announced exclusions. The product exclusions announced in the notice apply as of September 1, 2019, and extend to September 1, 2020. The products covered by this announcement were subject to additional…

On July 14, 2020, President Trump issued Executive Order 13936 on Hong Kong Normalization (the “Hong Kong Normalization EO”), which directs the suspension or elimination of special and preferential treatment for Hong Kong under a wide range of US laws, setting the stage for Hong Kong to be treated the same as mainland China. It also authorizes sanctions against persons involved in developing, adopting, or implementing China’s Law on Safeguarding National Security in the Hong…

UK extends China arms embargo to Hong Kong In Notice to Exporters 2020/12 (22 July 2020), the Export Control Joint Unit said: On 20 July 2020 the Foreign Secretary informed Parliament in an oral statement that the UK has taken measures, given the new National Security Law which China has imposed on the people of Hong Kong So we will extend to Hong Kong the arms embargo that we have applied to mainland China since 1989 and…

On July 20, 2020, the Office of the United States Trade Representative (USTR) posted on its website a notice to be published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to the notice, and make certain amendments to previously announced exclusions. The product exclusions announced in the notice apply as of September 1, 2019, and extend to September 1, 2020. The products covered by…

On 28 June 2020, the 20th Meeting of the 13th National People’s Congress (“NPC“) Standing Committee of the People’s Republic of China (“PRC“) deliberated the second review draft of the Export Control Law (草案二次审议稿). This second review draft has now been published on the NPC webpage. Public comments on the latest draft may be submitted via the NPC website or postal mail from 3 July 2020 to 16 August 2020. Some key revisions from the December 2019…