On March 15, 2023, U.S. Customs and Border Protection (CBP) announced that it has activated two new license codes for use in the Automated Export System (AES). These new codes are related to an Interim Final Rule published by the Department of Commerce’s Bureau of Industry and Security (BIS) on October 13, 2022, that
CBP Establishes Interactive UFLPA “Dashboard” to Provide Enforcement Statistics
On March 14, 2023, U.S. Customs and Border Protection (CBP) launched an interactive web page providing forced labor enforcement statistics under the Uyghur Forced Labor Prevention Act (UFLPA). CBP launched this “UFLPA statistics dashboard” to provide a single source of data on UFLPA enforcement actions. The dashboard provides information on the number of
USTR Releases President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report
On March 1, 2023, the Office of the United States Trade Representative (USTR) released President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report. According to the report, the 2023 trade agenda will prioritize creating new opportunities for American workers and families, supporting the middle class, driving decarbonization, and creating good-paying jobs. Additionally, the
BIS Adds 37 Entities to Entity List for National Security Risk Activities Involving Burma, China, Iran and Russia
On March 2, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 37 entities to the Entity List for contributing to Russia’s military/defense industrial base, supporting China’s military modernization, and facilitating or engaging in human rights abuses in Burma and China, including the following:
- Three entities in Russia,
CBP Releases New UFLPA Guidance on Applicability Review Submissions
On February 23, 2023, U.S. Customs and Border Protection (CBP) issued new guidance for importers on the agency’s Uyghur Forced Labor Prevention Act (UFLPA) enforcement web page. This includes additional guidance in the form of frequently asked questions (FAQs), guidance setting forth best practices for submitting documentation to prove that detained goods are not subject
CIT Panel Hears Oral Arguments Concerning USTR’s Remand Explanation on China Section 301 List 3 and List 4A Tariffs
On February 7, 2023, the three-judge panel of the U.S. Court of International Trade (CIT) heard oral arguments on the USTR’s remand explanation and the plaintiff group’s reply comments. The hearing addressed the CIT’s earlier finding that the U.S. Trade Representative (USTR) failed to respond adequately to comments it received during the rulemaking process when
U.S. Tin Mill Products Industry Files Petitions Seeking Trade Remedies For Imports From Eight Countries
In multiple petitions filed on January 18, 2023, Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, “the Petitioners”) requested the imposition of antidumping duties on U.S. imports of certain tin- and chromium-coated steel sheet products (“tin mill products”) from Canada, China, Germany, Netherlands
BIS Includes Macau Under Semiconductor Export Controls Implemented Against China
On January 18, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule extending export controls currently in place for China on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items to the Macau Special Administrative Region of China (“Macau”). While China
CFIUS Determines It Has No Jurisdiction Over Proposed Chinese-Owned Real Estate in North Dakota
Key Notes:
- Real estate projects may be subject to CFIUS national security review if close to sensitive locations.
- Proactive planning can mitigate transaction delays.
- Security concerns may be broader than CFIUS regulatory issues and merit multi-tiered government and public outreach.
The Committee on Foreign Investment in the United States (CFIUS) recently reviewed a proposed real
USTR Extends Termination Date for Certain Chinese Products Subject to Section 301 Tariff Exclusions
On December 16, 2022, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice announcing that it was extending the termination date — from December 31, 2022 until September 30, 2023 — for Section 301 tariff exclusions that apply to 352 Chinese products. These exclusions were initially reinstated on March 28, 2022 (