In a May 28, 2020 Federal Register notice, the Office of the U.S. Trade Representative (USTR), without explanation or precedent, revoked two granted Section 301 product exclusions. In early May 2020, the USTR approved a batch of product exclusions for certain List/Tranche 4 products (imports from China with an annual trade value of $300
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.
USTR Releases Negotiating Objectives for U.S.-Kenya Trade Agreement; ITC Initiates Investigation on Probable Economic Impact on Imports from Kenya
The Office of the U.S. Trade Representative (USTR) has released its summary of specific negotiating objectives for the initiation of U.S.-Kenya trade negotiations. As part of the process of formulating these objectives, the USTR on March 23, 2020, solicited public comments (see Trump and Trade Update of April 13, 2020) and received over…
CFIUS Issues Proposed Rule That Would Alter Mandatory Declarations
On May 21, 2020, the Department of the Treasury published in the Federal Register a proposed rule to modify certain regulations of the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). While the CFIUS notification process remains largely a voluntary process with…
Commerce Seeks Comments on the Product Exclusion Process for Section 232 Steel and Aluminum Tariffs
The Department of Commerce has issued a Federal Register notice seeking public comment on (1) the appropriateness of the information its Bureau of Industry and Security (BIS) requested and considered in applying the Section 232 exclusion criteria to product exclusion requests, and (2) the efficiency and transparency of the product exclusion process itself. This request…
Commerce Requests Public Comment on Section 232 National Security Investigation Concerning Imports of Mobile Cranes
On May 26, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Federal Register notice seeking public comment, data analyses, and other relevant information concerning the Department of Commerce’s May 6 initiation of a national security investigation into the impact of imports of mobile cranes pursuant to Section 232 of the…
Commerce Requests Public Comment on Section 232 National Security Investigation Concerning Imports Related to Electrical Transformers for Bulk-Power System Grid
On May 19, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Federal Register notice seeking public comment, data analyses, and other relevant information pertaining to Commerce’s May 11 initiation of a national security investigation into imports of certain components for incorporation into transformers, electrical transformers and transformer regulators pursuant to…
FEMA Holding Industry Meeting Thursday, May 21 to Address Production and Distribution of Critical Health and Medical Supplies
The Federal Emergency Management Agency (FEMA) has announced that it will convene a virtual meeting via teleconference and web conference on Thursday, May 21, 2020 from 2:00 to 3:30 p.m. to discuss the terms of a voluntary agreement with industry aimed at “maximizing the effectiveness of the distribution of critical medical resources nationwide to respond…
Commerce to Further Restrict Huawei’s Access to U.S. Semiconductor Technology and Software; Temporary General License Extended for Final Time
Due to continuing concerns with Huawei Technologies and its non-U.S. affiliates accessing and using U.S. technology and software to design and manufacture its semiconductors, the Department of Commerce (Commerce) announced that it will further tighten export restrictions on the Chinese conglomerate. Commerce’s Bureau of Industry and Security (BIS) will amend its foreign-produced direct product rule…
U.S. Departments of State and Treasury and U.S. Coast Guard Issue Advisory Addressing Illicit Shipping and Sanctions Evasion Practices
On May 14, 2020, the U.S. Departments of State and Treasury and the U.S. Coast Guard issued a global advisory to alert the maritime industry and those active in the energy and metals sectors to deceptive shipping practices used to evade U.S. economic sanctions. It is intended to provide exporters, shippers and others utilizing the…
USTR Grants Extensions for Imported Chinese Products With Section 301 Tariff Exclusions Expiring May 14, 2020
The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for up to 12 months exclusions from the Section 301 tariffs granted in May 2019 for certain imports from China (see Trump and Trade Update of March 2, 2020), has approved 13 extensions covering the following Harmonized Tariff…
