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US – Commerce removes Hong Kong as a separate designation under the EAR

By , and 5 Mins Read

On December 23, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR), in further implementation of Executive Order 13936 (EO 13936), to remove provisions that provide differential and preferential treatment for exports, reexports, and transfers of items to Hong Kong as compared to China. As a result of these changes, Hong Kong will be removed as a separate destination on the Commerce Country Chart and in other places in the EAR, which…

US – CBP publishes quarterly IRS interest rates

By 1 Min Read

On December 30, 2020, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter. For the calendar quarter beginning January 1, 2021, the interest rates for overpayments will be 2 percent for corporations and 3 percent for…

US – President proclaims modifications to HTS for AGOA, USIFTA, CBERA, EU

By 3 Mins Read

On December 29, 2020, the Federal Register published Presidential Proclamation 10128 of December 22, 2020 – To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes, which takes the following actions: Designates the Democratic Republic of the Congo (DRC) as a beneficiary sub-Saharan African country for purposes of African Growth and Opportunity Act (AGOA) and modifies general note 16(a) to the Harmonized Tariff Schedule of the United States (HTS) to…

US – BIS adds Chinese multinationals to the Entity List and publishes FAQs about the Huawei FPDP rule

By , and 4 Mins Read

On December 22, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) in the Federal Register adding 77 entities and individuals to the Entity List, including several prominent Chinese multinationals (together, the “Designees”). The Final Rule took effect on December 18, 2020. On the same day, BIS also published FAQs related to its recent expansion of the foreign-produced direct product rule (the “Huawei FPDP Rule”). Entity List Designations In press statements (here and here) released with the…

US – BIS adds a “Military End User List” to the EAR consisting of 102 Chinese and Russian entities

By , and 4 Mins Read

On December 23, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding a new “Military End User List” (MEU List) as supplement no. 7 to part 744 of the EAR. The final rule adds 102 entities to the MEU List, which will consist of Chinese, Russian, and Venezuelan entities that the US Government has determined are “military end users” for purposes…

EU, UK reach post-BREXIT deal at last minute!

By 1 Min Read

On 24 December 2020, European Commission President Ursula von Der Leyen and UK Prime Minister Boris Johnson announced that the European Union and the United Kingdom had reached an agreement on their future trading relationship. The agreement comes just a week before the UK’s transition period ends. If an agreement had not been reached, goods from the UK would be subject to WTO duties and quotas. The agreement requires the approval of all 27 EU…

US – CBP issues country of origin marking rules for products of the West Bank and Gaza

By 2 Mins Read

On December 23, 2020, US Customs and Border Protection (CBP) published in the Federal Register a general notice (CBP Dec. 2019) that notifies the public that, for country of origin marking purposes, imported goods produced in the West Bank, specifically in Area C under the Israeli-Palestinian Interim Agreement (the Oslo Accords), signed on September 28, 1995, and the area known as “H2” under the Israeli-Palestinian Protocol Concerning Redeployment in Hebron and Related Documents (the Hebron…

US – USTR will extend China Sec. 301 exclusions related to Covid19

By 4 Mins Read

On December 23, 2020, the US Trade Representative (USTR) posted on its website an advance copy of a notice of product exclusion extensions and additional modifications to be published in the Federal Register. In prior notices, the USTR modified the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain medical-care products needed to address the COVID-19 outbreak. On…

US – FinCEN proposes recordkeeping and reporting requirements for certain transactions involving convertible virtual currency or digital assets

By 1 Min Read

On December 23, 2020, the Treasury’s Financial Crimes Enforcement Network (FinCEN) published in the Federal Register a notice of proposed rulemaking to seek public comments on a proposal to require banks and money service businesses (MSBs) to submit reports, keep records, and verify the identity of customers in relation to transactions involving convertible virtual currency (CVC) or digital assets with legal tender status (“legal tender digital assets” or LTDA) held in unhosted wallets (as defined…

US – Commerce implements Aluminum Import Monitoring and Analysis System

By 2 Mins Read

On December 23, 2020 the International Trade Administration (ITA) at Commerce, published in the Federal Register a final rule [Docket No. 201014-0270] that adopts the Aluminum Import Monitoring and Analysis (AIM) system by promulgating new regulations (19 C.F.R. Part 361) that establish a website for the AIM system that consists of an online aluminum import license application platform and public AIM monitor; require importers, customs brokers or their agents to apply for and obtain an…