On April 12, 2021, the State Department’s Directorate of Defense Trade Controls (DDTC) issued additional guidance regarding changes that have been made to the International Traffic in Arms Regulations (ITAR) pertaining to export of defense articles or services to Russia. The guidance summarizes changes that were implemented on March 18, 2021, when the Departments of
CIT Invalidates President Trump’s Section 232 Tariffs on Steel and Aluminum “Derivative Articles”
On April 5, 2021, the U.S Court of International Trade (CIT) published a summary judgment opinion invalidating former President Donald Trump’s executive order, Proclamation 9980, which imposed 25 percent tariffs on various imports of aluminum and steel derivative articles pursuant to Section 232 of the Trade Expansion Act of 1962. The CIT found in favor
President Biden Terminates U.S. Sanctions Related to the International Criminal Court
On April 2, 2021, President Joseph Biden issued an Executive Order terminating a previously declared national emergency and related sanctions against certain persons involved with the International Criminal Court (ICC). In June 2020, President Trump issued Executive Order 13928 declaring a national emergency due to the ICC’s “illegitimate assertions of jurisdiction over personnel of the
CIT Issues Latest Procedural Orders in China Section 301 Tariff Refund Litigation
On March 31, 2021, the three-judge panel at the U.S. Court of International Trade (CIT) assigned to the litigation involving the potential refund of Section 301 tariffs on certain imports from China issued its fourth procedural order in the proceeding. In the order, the CIT: (1) accepted the first-filed case as the sample case for
USTR Releases 2021 National Trade Estimate Report on Foreign Trade Barriers
The Office of the U.S. Trade Representative (USTR) has released its annual National Trade Estimate Report on Foreign Trade Barriers that addresses the status of foreign trade and investment barriers to U.S. exports worldwide. This is the U.S. government’s major annual report on the barriers to U.S. exports of goods and services, investment and electronic
BIS Announces Virtual Forum to Address Supply Chain Risks for Semiconductor Manufacturing and Advanced Packaging Industries
On March 26, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it will hold a virtual forum on April 8, 2021 to allow the public to address policy objectives and concerns over President Joseph Biden’s Executive Order 14017, which seeks to address the need for resilient, diverse and secure
USTR Announces Further Action in Section 301 Digital Services Taxes Investigations
On March 26, 2021, the Office of the U.S. Trade Representative (USTR) issued several Federal Register notices concerning the ongoing Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by 10 U.S. trading partners. For six countries, the investigations will continue and the USTR is seeking public comment on possible trade actions.
OFAC Sanctions Additional Chinese Officials for Human Rights Abuses in Xinjiang
On March 22, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned two Chinese government officials for “serious human rights abuses” against ethnic minorities in the Xinjiang Uyghur Autonomous Region of China. In a brief press statement, the Director of OFAC stated, “Chinese authorities will continue to face consequences as long
State Department Issues Second Hong Kong Autonomy Report
On March 16, 2021, the State Department identified 24 additional persons it determined are contributing to “the failure of the People’s Republic of China (PRC) to meet its obligations under the Sino – British Joint Declaration … or Hong Kong’s Basic Law” and, as a result, the Department of the Treasury has sanctioned these persons.
Company Designated as a Communist Chinese Military Company Obtains Court Injunction on Investment Ban
On March 12, 2021, the U.S. District Court for the District of Columbia issued a preliminary injunction which prohibits the Department of Defense (DOD) from enforcing its January 2021 designation of Xiaomi Corporation (Xiaomi) of China as a Communist Chinese Military Company (CCMC) pursuant to Executive Order (EO) 13959 and Section 1237 of the National