As previously reported, on November, 15, 2022, the Office of the U.S. Trade Representative (USTR) opened a docket to receive public comments on the continuation of tariffs in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The questionnaire form provides sections for comments on both
OFAC Extends Authorizations Under Russia General License 13 for Payment of Various Administrative Fees
On November 21, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a revised Russia-related General License (GL) 13C, “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024,” which states that U.S. persons are authorized to pay taxes, fees, or import duties and purchase or receive permits,
Commerce Downgrades Russia’s Status in Antidumping Proceedings from Market Economy to Non-Market Economy
On November 10, 2022, the Department of Commerce’s International Trade Administration (ITA) announced that it was revoking Russia’s status as a market economy (ME) and reclassifying the country as a non-market economy (NME) for any antidumping (AD) proceeding. In announcing this determination, the ITA noted that Russia’s market-oriented economic reforms “have notably and significantly backtracked.”
OFAC Extends Russia-Related General License No. 8 Regarding Transactions Related to Energy
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
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
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