On November 10, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued amended Russia-related General License No. 8D extending the authorization to conduct transactions involving Vnesheconombank, Bank Financial Corporation Otkritie, Sberbank, VTB Bank, Alfa-Bank, and the Central Bank of Russia that are related to energy until May 15, 2023. The original
2022
Government Defendants File Response to Plaintiffs’ Comments on USTR’s Remand Explanation in Section 301 Tariff Refund Litigation
On Friday, November 4, 2022, the government defendants in the ongoing Court of International Trade (CIT) litigation challenging the validity of the China Section 301 tariffs filed their response to the comments of the plaintiff group and amici curiae on the remand explanation of the Office of the U.S. Trade Representative (USTR). In filing their…
USTR Provides Preview of Questions for China Section 301 Four-Year Review
On November 1, 2022, the Office of the U.S. Trade Representative (USTR) posted a list of questions interested parties may address in the agency’s ongoing four-year statutory review of the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. While the portal for submitting comments will not…
Updated: CBP Postpones Implementation of UFLPA Region Alert
UPDATE: On November 1, 2022, U.S. Customs and Border Protection (CBP) issued a message announcing that implementation of its Uyghur Forced Labor Prevention Act (UFLPA) Region Alert is postponed until further notice. CBP stated that its Office of Trade “is actively working with impacted users to address concerns” and that a new implementation date will…
New Export Controls Target Support for China’s Advanced Computing and Semiconductor Manufacturing
Key Notes:
- The Rule restricts exports to China of high-end chips and semiconductor manufacturing equipment, including foreign made items that are the product of U.S. technology.
- The Rule restricts the export of a wide range of items that would support certain supercomputing or integrated circuit production end-uses in China. In some circumstances, any item subject
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Treasury Department Releases CFIUS Enforcement and Penalty Guidelines
Key Notes:
- The Treasury Department recently released guidelines specifying conduct that may be considered a violation of CFIUS regulations.
- The guidelines provide information about how CFIUS gathers information and the formal penalty process.
- They also indicate factors that CFIUS may consider in making an enforcement determination, including aggravating and mitigating factors.
On September 15, 2022,…
Commerce, Treasury and State Departments Issue Joint Alert on Russia Sanctions and Export Controls
On October 14, 2022, the Departments of Commerce, Treasury and State issued a joint alert regarding the Impact of Sanctions and Export Controls on Russia’s Military-Industrial Complex. The alert provides a summary of the major actions taken by Treasury’s Office of Foreign Assets Control (OFAC) and Commerce’s Bureau of Industry and Security (BIS) with…
U.S. Paper File Folder Industry Files Petition Alleging Injury from Dumped Imports from China, India and Vietnam and Subsidized Imports from India
In an October 12, 2022 petition, the Coalition of Domestic Folder Manufacturers (“Coalition”) alleged that paper file folder imports from China, India and Vietnam are being sold in the United States at less than fair market value with dumping rates as high as 236% and that paper file folder imports from India are benefitting from…
BIS Issues Interim Final Rule to Implement Additional Export Controls on Advanced Computing and Semiconductor Items
On October 7, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule implementing additional export controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. BIS made clear in its announcement that advanced computing items and “supercomputers” can be used…
USTR Seeks Comments in Four-Year Review of China Section 301 Tariffs
On October 12, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice and request for comments regarding its ongoing four-year statutory review of the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The USTR is seeking public comments on the effectiveness of the…
