On February 7, 2022, the United States and Japan announced an agreement to allow “historically-based sustainable volumes of Japanese steel products to enter the U.S. market without the application of Section 232 tariffs.” Under the agreement, the United States will implement a tariff-rate quota (TRQ) on steel imports from Japan, effective April 1, 2022. Under
BIS Adds 33 Chinese Companies to the Unverified List
Effective February 8, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) has added 33 Chinese companies to its Unverified Listed. The Unverified List contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, reexport, or transfer (in-country) of items subject to the
OFAC Offers Guidance for the Provision of Humanitarian Assistance in Afghanistan
On February 2, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued new Frequently Asked Questions (FAQs) “designed to provide clarity” and further facilitate humanitarian aid and commercial activity in Afghanistan. These FAQs supplement and support the December 2021 Fact Sheet, Provision of Humanitarian Assistance to Afghanistan and Support for the
DDTC Proposes Amendments to International Traffic in Arms Regulations
On February 2, 2022, the State Department’s Directorate of Defense Trade Controls (DDTC) issued a Federal Register notice proposing various amendments and clarification to the International Traffic in Arms Regulations (ITAR). Most significantly, DDTC is proposing to revise the definitions of “export” and “reexport” to clarify that any release of technical data to a foreign
CIT Holds Oral Argument in China Section 301 Tariff Refund Litigation
On February 1, 2022, a three-judge panel at the U.S. Court of International Trade (CIT) held oral argument in the China Section 301 tariff refund litigation to consider the government defendants’ motion to dismiss and the plaintiffs’ cross motion for judgment on the record. Arguments by both parties focused on three main issues: (1) justiciability;
Commerce Seeks Public Input to Develop and Support the Domestic Semiconductor Industry
On January 24, 2022, the Department of Commerce issued a Federal Register notice requesting information that will assist the National Institute of Standards and Technology (NIST) to guide programs designed to support a strong domestic semiconductor industry. The notice seeks public comment that will “inform the planning and design of potential programs to incentivize investment
CBP Issues Notice of Finding that Certain Palm Oil and Derivative Products from Malaysia Involve Forced Labor
U.S. Customs and Border Protection (CBP) has issued a “Notice of Finding” in which it has determined that certain palm oil and derivative products made wholly or in part with palm oil produced by Sime Darby Plantation Berhad, its subsidiaries, and joint ventures with the use of convict, forced or indentured labor, are
OFAC Extends Two Ukraine-Related General Licenses Involving GAZ Group
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has announced its extension of two general licenses related to GAZ Group, Ukraine-related General License No. 13Q, “Authorizing Certain Transactions Necessary to Divest or Transfer Debt, Equity, or Other Holdings in GAZ Group” and Ukraine-related General License No. 15K, “Authorizing Certain Activities
DHS Seeks Public Comment on Methods to Prevent the Importation of Goods Originating from Forced Labor in China
On January 24, 2022, the Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force (Task Force), issued a request for public comments on “how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are
BIS Delays Implementation of New Cybersecurity Export Controls
On January 12, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) announced it was delaying implementation of rules establishing new controls on certain cybersecurity items for National Security (NS) and Anti-terrorism (AT) reasons, along with a new License Exception, Authorized Cybersecurity Exports (ACE). In October 2021, BIS released this Interim Final Rule