On June 26, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket Number USTR-2020-0027] concerning the extension of particular exclusions granted under the product exclusion procedures initiated in October 2019. As of June 12, 2020, USTR had issued five product exclusion notices under that action. The product exclusions granted under these notices are scheduled to expire on September 1, 2020. USTR has decided…
On June 15, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (“Interim Final Rule”) effective on June 18, 2020 to authorize the limited release of certain items subject to the Export Administration Regulations (EAR) to Huawei and its affiliates listed on the BIS Entity List (“Huawei Listed Entities”) in the context of international efforts to develop technical standards for 5G and other new technologies. In a statement, the Commerce…
On June 25, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register two notices and requests for comments concerning the extension of particular exclusions granted under the Product Exclusion Notice from the $16 billion action against certain goods from China pursuant to Section 301. USTR initiated an exclusion process in September 2018 and granted multiple sets of exclusions. The first notice [Docket Number USTR-2020-0025] covers the second set of exclusions,…
On June 24, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination n to grant an additional exclusion request, as specified in the Annex to this notice, and corrects technical errors in previously announced exclusions. The product exclusions will apply as of September 24, 2018, the effective date of the $200 billion action, and extend to August 7, 2020. The amendments announced in…
On June 23, 2020, US Customs and Border Protection issued CSMS #43134617 – GUIDANCE: Fifth Round of Product Exclusions from China Section 301 Tranche 4A – $300B, reproduced below: Background On June 12, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 35975 on certain exclusions from the Section 301 duty related to goods from China ($300B Action – Tranche 4). These product exclusions relate to the additional duties announced in…
On June 17, 2020, the President signed the Uyghur Human Rights Policy Act of 2020 into law. The law authorizes the President to impose sanctions on persons, including Chinese government officials, determined to be responsible for certain human rights violations and abuses committed against Muslim minority groups in China or elsewhere. The law requires the administration to sanction those individuals by blocking their assets and declaring them ineligible for visas or admission to the United States. The President may…
On June 5, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) published: (1) a final rule adding nine Chinese entities to the Entity List (the “XUAR Designees”), and (2) a final rule adding twenty four entities located in China, Hong Kong, and the Cayman Islands to the Entity List (the “Military Designees”). Both sets of designations were announced by the Commerce Department on May 22, 2020 (see announcements here and here), but their designations are effective as of their…
On June 15, 2020, US Customs and Border Protection issued CSMS #43044185 – GUIDANCE: Section 301 Tranche 3 – $200B: 14th Round of Product Exclusions from China (9903.88.48), reproduced below: Background On May 28, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 32094 announcing the decision to grant the 14th round of certain requested exclusions from the Section 301 duty related to goods from China ($200B Action – Tranche 3). These product exclusions relate…
On June 115, 2020, US Customs and Border Protection issued CSMS #43043838 – GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy, reproduced below: Background On June 2, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 33775 to extend through December 31, 2020 certain product exclusions previously covered by the June 4, 2019 notice (see 84 FR 25895) for Section 301 duties on China ($34B…
On June 8, 2020, the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to make a technical amendment to one previously granted exclusion: U.S. note 20(q)(131) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting “each valued over $20 but not over $35” and inserting “each valued not over $35” in lieu thereof. The amendment is retroactive…