On September 24, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice seeking public comment and input from domestic and foreign semiconductor design firms, semiconductor manufacturers, materials and equipment suppliers, and semiconductor intermediate and end-users regarding ongoing risks in the semiconductor supply chain. The goal of this public comment request
Scott E. Diamond**
Scott is a senior policy advisor with more than 25 years' experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.
**Not licensed to practice law.
Commerce Initiates Section 232 National Security Investigation into Imports of Rare Earth Magnets
On September 21, 2021, the Department of Commerce (Commerce) initiated an investigation to determine the effects on U.S. national security of imports of neodymium-iron-boron (NdFeB) permanent magnets (sometimes referred to as neodymium magnets, neo magnets, or rare earth magnets). According to a Commerce press release, “critical national security systems rely on NdFeB permanent magnets, including…
USTR Again Extends Section 301 Product Exclusions for Certain Medical Imports from China Necessary for COVID-19 Response
On September 27, 2021, the Office of the U.S. Trade Representative (USTR) announced that it was again continuing exclusions from Section 301 duties for certain medical care imports from China needed to address the COVID-19 pandemic. These exclusions were set to expire on September 30, 2021 (see Update of March 8, 2021), but…
OFAC Issues General Licenses Authorizing Humanitarian Activities and Export/Reexport of Certain Materials to Afghanistan
On September 24, 2021, Office of Foreign Assets Control (OFAC) issued two general licenses (GL) intending to alleviate the impact of U.S. sanctions on civilians in Afghanistan. Specifically, OFAC issued GL 14 “Authorizing Humanitarian Activities in Afghanistan” and GL 15 “Transactions Related to the Exportation or Reexportation of Agricultural Commodities, Medicine, Medical Devices, Replacement Parts…
OFAC Issues Latest General License Update Extending Delay of PdVSA 2020 8.5% Bond-Related Authorizations
On September 10, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued General License (GL) 5H, “Authorizing Certain Transactions Related to the Petróleos de Venezuela, S.A. 2020 8.5 Percent Bond on or After January 21, 2022,” which continues to delay U.S. persons’ ability to enforce bondholder rights to the…
CIT Eliminates Repository Requirement for List 3 and List 4A Entries in China Section 301 Tariff Refund Litigation
On September 8, 2021, the Court of International Trade (CIT) issued an order that revised its July 6, 2021 order granting the plaintiff group’s motion for a preliminary injunction in the ongoing China Section 301 tariff refund litigation. That preliminary injunction suspended liquidation of unliquidated entries from China subject to List 3 and List 4A…
OFAC Sanctions Paraguayan Individuals and Entities for Money Laundering and Corruption
Recent additions to the Specially Designated Nationals (SDN) List highlight an increasing enforcement focus on corruption and money laundering. On August 24, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated three Paraguayan individuals and five associated entities to the SDN List in response to a corruption and money-laundering scheme involving…
USTR Seeking Comments on Continuing Section 301 Tariff Exclusions for Certain Medical Imports from China Necessary for COVID-19 Response
The Office of the U.S. Trade Representative (USTR) is seeking public comments on whether to continue exclusions from Section 301 duties for certain medical care imports from China needed to address the COVID-19 pandemic. These exclusions are set to expire on September 30, 2021 (see Update of March 8, 2021). The USTR notice…
Petitioners in Section 232 Turkish Steel Challenge Seek Full Federal Circuit Review
On August 23, 2021, the plaintiff group led by Transpacific Steel LLC filed a petition with the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) requesting a rehearing by all the Federal Circuit judges of the July 2021 three-judge panel decision reversing the ruling of the U.S. Court of International Trade (CIT) that…
OFAC and State Department Sanction Additional Russian Entities and Persons for Poisoning of Aleksey Navalny
On August 20, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) implemented additional sanctions on Russia in response to the state-sponsored poisoning of Russian opposition leader Aleksey Navalny in August 2020. Specifically, OFAC has designating nine Russian individuals and two Russian entities found to be involved in Navalny’s poisoning or…
