On August 2, 2021, the U.S. Court of International Trade (CIT) held a status conference and issued its second order revising certain deadlines originally established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products.
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 Releases Titanium Sponge Section 232 National Security Report
Nearly a year and a half after former President Donald Trump declined to impose Section 232 tariffs on imports of titanium sponge (see Update of February 28, 2020), the Department of Commerce has released its full public report on the investigation, which found that these imports indeed threatened to impair the national security…
OFAC Sanctions Cuban Officials and Entities for Repression of Protestors
On July 22 and again on July 30, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned several Cuban individuals and entities in connection with actions to suppress peaceful, pro-democratic protests in Cuba that began on July 11, 2021. According to Treasury Secretary Janet Yellen, “The Cuban people are protesting…
OFAC and Online Money Transmitter Enter Settlement Agreement for Apparent Violations of U.S. Sanctions
On July 23, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a settlement agreement with Payoneer Inc. (“Payoneer”), a publicly traded New York-based online money transmitter and provider of prepaid access. Payoneer agreed to pay a civil penalty of approximately $1.4 million to settle its potential liability for 2,260 apparent…
CIT Adjusts Deadlines in Section 301 Tariff Refund Litigation
On July 20, 2021, the U.S. Court of International Trade (CIT) issued an order revising certain deadlines established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products. The preliminary injunction suspended liquidation of unliquidated…
U.S. and Vietnam Reach Agreement on Vietnam’s Currency Practices
On July 19, 2021, the U.S. Department of the Treasury (Treasury) and the State Bank of Vietnam (SBV) reached an agreement to address concerns raised by the United States about Vietnam’s currency practices that were found actionable in an investigation under Section 301 of the Trade Act of 1974 by the Office of the U.S.…
U.S. Government Issues Hong Kong Business Advisory
On July 16, 2021, the U.S. Departments of State, Commerce, Homeland Security and the Treasury issued a Hong Kong Business Advisory highlighting growing risks for U.S. companies operating in the Hong Kong Special Administrative Region (SAR) due to ongoing actions taken by the Government of the People’s Republic of China (China). The advisory states that…
BIS Adds Six Russian Entities to the Entity List
On July 19, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding six Russian entities to the Entity List after having been determined to be “acting contrary to the foreign policy interests of the United States.” The entities are:
- Aktsionernoe Obshchestvo AST;
- Aktsionernoe Obshchestvo Pasit;
- Aktsionernoe Obshchestvo Pozitiv
…
BIS Adds Entities to the Entity List and the Military End-User List
On July 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding thirty-four (34) entities to the Entity List for the following destinations: Canada; People’s Republic of China (China); Iran; Lebanon; Netherlands; Pakistan; Russia; Singapore; South Korea; Taiwan; Turkey; the United Arab Emirates (UAE); and the United Kingdom. …
Federal Circuit Reverses CIT on President’s Authority to Increase Section 232 Tariffs on Steel Imports from Turkey
On July 13, 2021, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued a majority 2-1 opinion reversing the ruling of the U.S. Court of International Trade (CIT) that former President Donald J. Trump violated the provisions of Section 232 of the Trade Expansion Act of 1962 (Section 232) by increasing tariffs…
