On February 24, 2021, President Joseph Biden signed an executive order seeking “to create more resilient and secure supply chains for critical and essential goods.” Noting shortages over the past year of medicine, food and computer chips, the president stated that, “While we cannot predict what crisis will hit us, we should have the capacity
February 2021
OFAC and BitPay Enter into Settlement Agreement for Apparent Violations Related to Digital Currency Transactions
On February 18, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) entered into a $507, 375 settlement with BitPay, Inc. (“BitPay”) for 2,102 apparent violations of multiple sanctions programs. BitPay, a cryptocurrency company offering payment processing solutions for merchants to accept digital currency as payment for goods and services, agreed to…
BIS Formalizes Sanctions on Burma
On February 18, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice in the Federal Register announcing formal actions to limit exports and reexports of sensitive goods to Burma’s military and security services as previously announced by press release. See Update of February 12, 2021. In response to the…
CIT Issues Procedural Orders in China Section 301 Tariff Refund Litigation
The three-judge panel established by the Court of International Trade (CIT) to manage the China Section 301 tariff refund litigation has issued two procedural orders in the recently-established master case (Court No. 21-cv-00052-3JP) (see Update of February 8, 2021), setting a path forward for this massive litigation.
In a February 10, 2021 order…
Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
The Department of Justice (DOJ) has filed motions in federal court seeking a pause in litigation involving TikTok and WeChat until the new administration of President Joseph Biden has time to consider former President Trump’s August 6, 2020 Executive Orders declaring that these Chinese social media apps are a national security threat and prohibiting certain…
BIS Restricts Exports of Sensitive Items to Burma’s Military and Security Services
On February 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that was implementing restrictions on the export of “sensitive items” to Burma’s Ministry of Defense, the Ministry of Home Affairs, armed forces, and security services in response to the Burmese military’s February 1 coup to overthrow the civilian government of…
U.S. International Trade Commission Terminates Section 201 Global Safeguard Investigation of Blueberry Imports
On February 11, 2021, in a unanimous 5-0 vote, the U.S. International Trade Commission (USITC) terminated its Section 201 global safeguard investigation of U.S. blueberry imports, determining that increased imports of fresh, chilled, or frozen blueberries are not a substantial cause of serious injury, or threat of serious injury, to the domestic industry producing an…
President Biden Issues Executive Order Sanctioning Burmese Military Leaders and Entities Involved in Coup
President Biden Issues Executive Order Regarding Military Coup in Burma and Sanctioning Military Leaders
On February 10, 2021, President Joe Biden issued an Executive Order concerning the military coup in Burma on February 1, 2021, in which the military overthrew the democratically elected civilian government and arrested numerous government leaders, politicians, human rights defenders, journalists,…
CIT Proceeds with China Section 301 Tariff Refund Litigation with Appointment of Three-Judge Panel
In a February 5, 2021 order, after months of delay, the U.S. Court of International Trade (CIT) is proceeding in the China Section 301 tariff refund litigation with the appointment of a three-judge panel consisting of Judge Mark A. Barnett, Judge Claire R. Kelly and Judge Jennifer Choe-Groves. This is the CIT’s first action…
CIT Rejects Broad Challenge to Section 232 Tariffs
On February 4, 2021, a three-judge panel at the U.S. Court of International Trade (CIT) denied a broad challenge by Universal Steel Products and several other importers (“plaintiffs”) to Section 232 tariffs that former President Donald Trump placed on steel imports. The plaintiffs had challenged both the report by the U.S. Department of Commerce (“Commerce”)…
