On July 20, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice exempting Section 301 tariffs for imports from China appearing on List4A (products from China with an annual trade value of $300 billion). The exemptions cover 11 ten-digit Harmonized Tariff Schedule (HTS) subheadings and 53 specially prepared product descriptions,
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 Seeks Public Input on Export Controls for Advanced Surveillance Systems
On July 17, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Notice of Inquiry seeking public comment on the list of items on the Export Administration Regulations (EAR) Commerce Control List (CCL) that are controlled for crime control and detection (CC) reasons. Comments must be received no later than September…
USTR Seeks Public Comment on Extending China Section 301 List/Tranche 4 Product Exclusions
On July 17, 2020, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice seeking public comment on whether extensions for up to 12 months should be granted for particular products that have received exclusions in the China Section 301 process from the 7.5 percent tariff on imports from China with an…
State Authorizes CAATSA Sanctions on Russian Pipeline Projects
The U.S. Department of State issued updated public guidance on Section 232 of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”), which authorizes the president to impose sanctions on persons engaged in certain investments or other activities with respect to Russian energy export pipelines. Effective on July 15, 2020, the actions that are sanctionable under…
OFAC Issues License Delaying PdVSA 2020 8.5% Bond-Related Authorizations
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced that it has issued General License (“GL”) 5D (Authorizing Certain Transactions Related to the Petróleos de Venezuela, S.A. 2020 8.5 Percent Bond on or After October 20, 2020), which continues to delay U.S. persons’ ability to enforce bondholder rights to the CITGO…
U.S. Court of International Trade Rules That President Trump’s Section 232 Tariff Increase on Steel Imports from Turkey Is Unlawful
On July 14, 2020, a three-judge panel of the U.S. Court of International Trade (CIT) ruled in Slip Opinion 20-98 that a proclamation President Donald Trump issued increasing Section 232 duties on steel imports from Turkey beyond those previously implemented under a prior proclamation violates statutorily-mandated procedures and the Constitution’s guarantee of equal protection under…
USTR Announces 25% Import Duty on French Products in Response to France’s Digital Services Tax; Delays Implementation for 180 Days
On July 10, 2020, The Office of the U.S. Trade Representative (USTR) announced the imposition of a 25 percent import duty on French products in response to France’s Digital Services Tax (DST). This action is the result of a Section 301 investigation initiated on July 10, 2019, after the French government passed a tax on…
Commerce Issues Guidance on Transfer of Gun Export Controls to the Commerce Control List
On July 8, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published guidance relating to the U.S. Department of State’s final rule amending the International Traffic in Arms Regulations (“ITAR”) and related BIS final rule, to transfer export controls of certain firearms, armament and ammunition from the U.S. Munitions List…
USTR Issues Section 301 Tariff Exclusion Extensions for Certain Imported Chinese Products on Tranche/List 1
The Office of the U.S. Trade Representative (USTR) has published a Federal Register notice granting a limited number of product exclusion extensions from the Section 301 tariff for four imported Chinese products appearing on the first list/tranche of goods valued at $34 billion. In July 2019, the USTR granted 110 specially-prepared exclusion requests with an…
USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 4A
The U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 tariffs for certain List 4A products (imports from China with an annual trade value of $300 billion). The exemptions cover 61 specially prepared product descriptions, covering a total of 86 separate exclusion requests. These exclusions will apply from September 1, 2019,…
