On June 2, 2021, the office of the U.S. Trade Representative (USTR) announced the conclusion of its Section 301 investigations of Digital Service Taxes (DSTs) that have been adopted by Austria, India, Italy, Spain, Turkey and the United Kingdom. For each country, USTR determined that it would take action in the form of additional duties
CBP Issues WRO for Seafood Products Imported from the Dalian Ocean Fishing Company
On May 28, 2021, the U.S. Customs and Border Protection (CBP) issued a press release announcing that the CBP had issued a Withhold Release Order (WRO) for imports of seafood products from Dalian Ocean Fishing Co., Ltd., a Chinese entity, “based on information that reasonably indicates the use of forced labor in the entity’s fishing
Transfer of 3D-Printed Gun Technology and Software to the EAR from the ITAR Becomes Final
The State Department’s Directorate of Defense Trade Controls (DDTC) on June 1, 2021 announced that a final rule from January 2020, which moved 3D-printed guns out from control under the International Traffic in Arms Regulations (ITAR) over to the Export Administration Regulations (EAR), is now in effect. See Federal Register notice of January 23, 2020
OFAC Again Issues Venezuela General License to Continue Authorization of Limited Transactions Involving PdVSA and Winding Down of Operations for Certain Entities
On June 1, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Venezuela-related General License 8H, “Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for the Limited Maintenance of Essential Operations in Venezuela or the Wind Down of Operations in Venezuela for Certain Entities.” This general license continues to
OFAC Publishes Formal Burma Sanctions Regulations
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has formally issued the Burma Sanctions Regulations to implement Executive Order 14014 of February 10, 2021, “Blocking Property With Respect to the Situation in Burma.” See SmarTrade Update of February 11, 2021. These regulations took effect on June 1, 2021, and are now
U.S. Government Files Opposition to Motion for Preliminary Injunction in CIT Section 301 Tariff Refund Litigation
On May 14, 2021, the U.S. government defendants in the ongoing Court of International Trade (CIT) litigation over Section 301 tariffs on certain imports of Chinese products filed their opposition to the plaintiffs’ motion for a preliminary injunction that would suspend collection of these tariffs on imports covered by List 3 and List 4A as
U.S. and EU Seek to Address Global Steel and Aluminum Excess Capacity
On May 17, 2021, the United States and European Union (EU) issued a Joint Statement agreeing to discussions in an effort to address global steel and aluminum excess capacity. In their statement, U.S. Trade Representative Katherine Tai, Secretary of Commerce Gina Raimondo, and European Commission Executive Vice President Valdis Dombrovskis acknowledged the impact of this
BIS Issues FAQs on Foreign Military Sales
On May 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a series of Frequently Asked Questions (FAQs) in an effort to respond to numerous questions from industry regarding the export of items that have been moved from the U.S. Munitions List under the International Traffic in Arms Regulations (ITAR) to
USTR Tai Testifies on President Biden’s Trade Agenda
On May 12, 2021, U.S. Trade Representative Katherine Tai testified before the U.S. Senate Finance Committee on President Joseph Biden’s trade agenda. Ambassador Tai’s written testimony noted that the Biden administration wants “a fair international trading system that promotes inclusive growth and reflects America’s universal values.” She noted that support from Congress would add “more
DOD Agrees to Drop Chinese Company from CCMC List
In a joint status report filed on May 11, 2021, the Department of Defense (DOD) and Xiaomi Corporation (Xiaomi) notified the U.S. District Court for the District of Columbia that they have reached an agreement in which Xiaomi will be removed from DOD’s list of Communist Chinese Military Companies (CCMC). DOD agreed that a final