In addition to its role in enforcing U.S. export control laws, the Department of Commerce’s Bureau of Industry and Security (BIS) is charged with administering and enforcing the antiboycott laws under the Export Administration Act. These antiboycott laws were adopted to encourage and, in some circumstances, require U.S. companies to refuse to participate in foreign
CFIUS and Covered Real Estate Transactions: Update on Geographic Reference Tools
On February 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) fully implemented the Foreign Investment Risk Review Modernization Act (FIRRMA) (see Trump and Trade Update of January 22, 2020). Under FIRRMA, CFIUS was granted additional authority to review certain real estate transactions involving foreign persons when the public or
USTR Grants Extensions for China Section 301 Exclusions Set to Expire April 18, 2020
The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for another year certain product exclusions it granted in April 2019 (see Trump and Trade Update of February 5, 2020), has granted eight extensions covering the following Harmonized Tariff Schedule (HTS) subheadings and product descriptions:
- Roller machines designed
House Ways & Means and Senate Finance Chairmen Request Expedited ITC Section 332 Investigation to Identify COVID-19 Imported Goods
On April 6, 2020, House Ways and Means Chairman Richard E. Neal (D-MA) and Senate Finance Committee Chairman Chuck Grassley (R-IA) submitted a request to the U.S. International Trade Commission (ITC) for an expedited Section 332 investigation to identify imported products that may be needed to respond to the COVID-19 pandemic. In a letter to
OFAC Issues Amended Venezuela-Related General License Involving Nynas AB
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced the extension of a general license involving Nynas AB, General License 13E, through 12:01 a.m., May 14, 2020. The announcement explained that OFAC was extending the expiration date of this general license to provide additional time for Nynas AB to complete its
USTR Releases 2020 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 around the world. This report is the U.S. government’s major annual report on the barriers to trade, investment and services that U.S.
DOJ Argues President Can Modify Section 232 Tariffs at Any Time to Protect National Security
PrimeSource Building Products, Inc., a U.S. importer of various steel derivative products, filed an amended complaint in the U.S. Court of International Trade (CIT) on February 4, 2020, arguing that President Donald Trump’s Proclamation No. 9980 is unlawful and unconstitutional. This proclamation expanded the implementation of steel and aluminum tariffs under Section 232 of the
USTR Issues Additional China Section 301 Tariff Exclusions, Including Exemptions for Certain Medical Supplies
The U.S. Trade Representative (USTR) has issued another Federal Register notice exempting Section 301 tariffs for certain List 4A (imports from China with an annual trade value of $300 billion) products. The exemptions cover five entire 10-digit Harmonized Tariff System (HTS) subheadings and seven specially-prepared product descriptions – covering a total of 36 separate exclusion
OFAC Sanctions 20 Iran- and Iraq-Based Front Companies Supporting Islamic Revolutionary Guards Corps-Qods Force
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has designated 20 Iran- and Iraq-based front companies, senior officials, and business associates for providing support to, or acting on behalf of, the Islamic Revolutionary Guards Corps-Qods Force (IRGC-QF) and for transferring lethal aid to Iranian-backed terrorist militias in Iraq such as Kata’ib Hizballah
Commerce Extends Deadline for Filing Comments on Future Extensions of Temporary General License for Huawei
On March 25, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) extended the deadline to April 22, 2020, for public comment on possibly granting future Huawei Temporary General License (TGL) extensions. As noted in its March 12, 2020 Federal Register notice, BIS is seeking input on the continuing need for, and