The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice seeking public comment on the possible extension of Section 301 tariff exclusions for certain products that it granted on July 9, 2019, in the ongoing trade dispute with China. These exclusions were in the sixth batch of exclusions granted as part
BIS Tightens Export Controls on National Security-Controlled Items: Focus on Diversion for Military End Use in China, Russia and Venezuela
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued two final rules and one proposed rule intended to prevent efforts by entities in China, Russia and Venezuela to acquire U.S. technology that could be used in development of weapons, military aircraft or surveillance technology through civilian supply chains or under civilian-use pretenses.
Thyssenkrupp Materials NA, Inc. Becomes Latest U.S. Aluminum and Steel Importer to Challenge Section 232 Duties
On April 21, 2020, Thyssenkrupp Materials NA, Inc., and several of its related operating divisions filed a complaint in the U.S. Court of International Trade (CIT) against the United States alleging that the federal government’s administration of Section 232 aluminum and steel duties is unconstitutional. Thyssenkrupp is a Michigan-based importer of aluminum and steel products
DDTC Issues Notice on Additional Changes to Operational Procedures Due to COVID-19
On April 23, 2020, the Department of State’s Directorate of Defense Trade Controls (DDTC) announced certain measures to mitigate the impact of the pandemic on U.S. companies and supply chains overseas. Key measures from the announcement are summarized below.
Compliance/Registration
- Effective for registrations originally expiring between February 29 and June 30, 2020, registrations as a
USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 3 Products
The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 tariffs for certain List 3 (imports from China with an annual trade value of $200 billion) products. The exemptions cover one 10-digit Harmonized Tariff System (HTS) subheading and 107 specially-prepared product descriptions, which combined cover 157 separately submitted
FEMA Announces Additional Exemptions to Export Restrictions on Personal Protective Equipment (PPE)
On April 17, 2020, the Federal Emergency Management Agency’s (FEMA) filed a notification of exemptions (the “Exemptions”) that identifies 10 exemptions from the temporary final rule published on April 10, 2020 (the “Rule”), which restricts the export from the United States of certain personal protective equipment (PPE) and respirators in the response to the COVID-19
President Trump Issues Executive Order Allowing 90-Day Duty Deferment for Importers Facing Significant Financial Hardship During COVID-19 Pandemic
On April 18, 2020, President Donald Trump signed an Executive Order in an effort to support U.S. businesses that have faced significant financial hardship due to the COVID-19 pandemic response by allowing deferment of duty payments. The order gives the Treasury Department and U.S. Customs and Border Protection (CBP) the flexibility to allow for a
USTR Cancels Public Hearing on United States-Kenya Trade Agreement Negotiations; Extends Deadline for Submitting Public Comments
On March 17, 2020, the Office of the U.S. Trade Representative (USTR) notified Congress of its intent to negotiate a trade agreement with the Republic of Kenya (see Trump and Trade Update of March 18, 2020) and shortly thereafter solicited public comments and announced a public hearing on the proposed United States-Kenya trade agreement.
OFAC Amends North Korea Sanctions Regulations
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has published amendments in the Federal Register to the North Korea Sanctions Regulations, 31 C.F.R. 510.101-.901 (NKSR), which became effective April 10, 2020. The new amendments incorporate into the NKSR certain provisions of the North Korea Sanctions and Policy Enhancement Act of 2016
OFAC Issues Venezuela General License Authorizing Continued Transactions Related to PdVSA Bond
Despite a tightening of economic sanctions on Venezuela under President Donald Trump, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) occasionally issues General Licenses clarifying, authorizing or exempting certain U.S. activities involving the Venezuelan government or entities directly and indirectly affiliated with Petróleos de Venezuela, S.A (PdVSA). Starting in January 2019, President