On September 22, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 1 ($34 Bn.) action. The 62 product exclusion extensions announced in the notice apply as of September 20, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions are available for any product that meets the…
On September 15, 2020 the State Council Tariff Commission released Tariff Commission Announcement [2020] No. 8, which extends the exclusions (announced in Tariff Commission Announcement [2019] No. 6) for the first batch of exclusions covering 16 products from the United States through September 16, 2021. The original expiration date was September 16, 2020. The exclusion list was established to exempt products from the tariffs imposed by China in retaliation for the section 301 tariffs on…
China governs the import and export of technology under the Regulations for the Administration of the Import and Export of Technology (“Technology Regulations“), the Measures for the Administration of Technologies Prohibited or Restricted from Import, and the Measures for the Administration of Technologies Prohibited or Restricted from Export. The Technology Regulations and related measures are separate and distinct from other China regulatory regimes that currently govern the import and export of dual-use items and encryption…
On September 17, 2020, the Office of the United States Trade Representative (USTR) posted on its website a notice to be published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 2 ($16 Bn.) action. The notice announces the US Trade Representative’s determination to extend 17 exclusions through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions are available for any product…
On September 17, 2020, the Office of the United States Trade Representative (USTR) posted on its website a notice to be published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 1 ($34 Bn.) action. The 62 product exclusion extensions announced in the notice apply as of September 20, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions…
On September 16, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice of product exclusion extension and amendment. USTR initiated the exclusion process for Tranche 3 (the $200 Bn. action) on June 24, 2019, and has granted 15 sets of exclusions under the $200 billion action. These exclusions expired on August 7, 2020. On May 6 and June 3, 2020 [See 85 FR 27011 (May 6, 2020)…
On 15 September 2020, the WTO panel reviewing “United States — Tariff Measures on Certain Goods from China” (DS543) released its panel report, which found that the section 301 tariffs imposed by the US against certain Chinese goods were prima facie inconsistent with various provisions of the General Agreement on Tariffs and Trade (GATT). For the reasons set forth in the Report, the Panel concluded that: a. the parties have not reached a mutually satisfactory…
On September 15, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a document that announces the decision of the Secretary of the Department of Homeland Security (DHS) to terminate arrival restrictions applicable to certain flights. Specifically, the document terminates arrival restrictions that are applicable to flights carrying persons who had recently traveled from, or were otherwise present within, the People’s Republic of China (excluding the…
On September 14, 2020, US Customs and Border Protection (CBP) announced that it had issued five Withhold Release Orders (WRO) on products from the People’s Republic of China (PRC). CBP said the products subject to the WROs are produced with state-sponsored forced labor in the Xinjiang Uyghur Autonomous Region, where the Chinese government is engaged in systemic human rights abuses against the Uyghur people and other ethnic and religious minorities. The new WROs direct CBP…
On September 10, 2020, CBP issued CSMS #44016918 – GUIDANCE: Section 301 Tranche 4A – $300B Product Exclusion Extensions which is reproduced below: Background On September 2, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 54616, extending certain product exclusions previously covered by FR Notices 85 FR 13970, 85 FR 15244, 85 FR 17936, 85 FR 28693, 85 FR 35975, 85 FR 41658, 85 FR 44563, and 85 FR 48627 from Section 301 related to goods from China (Tranche 4A – $300B Action). These…