On June 8, 2020, the US Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests for Tranche 4. As set out in the Annex, the exclusions are reflected in two ten-digit HTSUS subheadings and 32 specially prepared product descriptions, which together respond to 55 separate exclusion requests. In accordance with the October 24, 2019, notice (See 84…
On June 3, 2020, the US Department of Transportation notified several Chinese airlines that responding to the failure of the Government of the People’s Republic of China (China) to permit U.S. carriers to exercise the full extent of their bilateral right to conduct scheduled passenger air services to and from China, is suspending the scheduled passenger operations of all Chinese carriers to and from the United States. This order will become effective on June 16,…
On May 29, 2020, the president announced in a White House press conference the Administration’s determination that Hong Kong is no longer sufficiently autonomous from the People’s Republic of China (“PRC”), and that the US Government would take “strong and meaningful” steps to “begin the process” of reviewing and revoking the “full range of agreements” that currently provide Hong Kong with preferential treatment. This determination follows Secretary of State Michael Pompeo’s certification to Congress on May 27, 2020 that…
On May 27, 2020, CBP issued CSMS #42837261 – GUIDANCE: Section 301 Tranche 4A – $300B: Fourth Round of Product Exclusions from China (9903.88.47). The operative sections of the message is shown below: Background On May 13, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 28693 announcing the decision to grant the fourth round of certain requested exclusions from the Section 301 duty related to goods covered under List 1 Annex A…
The Office of the US Trade Representative (USTR) posted an advance copy of 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 this notice, and corrects technical errors in previously announced exclusions. The product exclusions apply as of September 24, 2018, the effective date of the $200 billion action against certain Chinese actions (Tranche 3), and extend to August…
On May 19, the US Commerce Department’s Bureau of Industry and Security (BIS) issued an interim final rule effective on May 15, 2020, amending the Export Administration Regulations’ (EAR) General Prohibition Three (the “foreign-produced direct product rule”) and Entity List to impose new controls on the reexport, export from abroad, and transfer (in-country) of certain foreign-produced semiconductor-related items when such items are the direct product of certain designated US technology or software and are destined to Huawei…
On May 15, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to extend until December 31, 2020 certain exclusions from the 25% additional duties imposed in the first round [Tranche 1 ($34 Bn.)] of Sec. 301 actions against certain Chinese goods. These exclusions were due to expire on May 14, 2020. Although the Federal Register notice requesting comments on possible extensions stated…
On May 8, 2020, CBP issued CSMS #42693720 – GUIDANCE: Section 301 Tranche 3 – $200B: 13th Round of Product Exclusions from China. The operative sections of the message are shown below: Background On May 8, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 27489 announcing the decision to grant the 13th round of certain requested exclusions from the Section 301 duty related to goods from China ($200B Action -…
The Office of the US Trade Representative (USTR) has posted on its website an advance copy of a Federal Register notice that announces the USTR’s determination to extend until December 31, 2020 certain exclusions from the 25% additional duties imposed in the first round [Tranche 1 ($34 Bn.)] of Sec. 301 actions against certain Chinese goods. These exclusions were due to expire on May 14, 2020. Although the Federal Register notice requesting comments on possible…
The Office of the US Trade Representative (USTR) has posted on its website an advance copy of a notice to published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests for products covered by Tranche 4 (approximately $300 Bn.) of the Section 301 action against goods from China, as specified in the Annex to the notice, and corrects a technical error in a previously announced exclusion. The product exclusions announced…