Section 301 Investigations

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On October 7, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule  implementing additional export controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. BIS made clear in its announcement that advanced computing items and “supercomputers” can be used…

On October 12, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice and request for comments regarding its ongoing four-year statutory review of the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The USTR is seeking public comments on the effectiveness of the…

On October 7, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 31 Chinese entities to its Unverified List on the basis that it has been “unable to verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control.”…

On September 28, 2022, the Coalition of Freight Coupler Producers – McConway & Torley LLC and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Petitioners) – filed petitions with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) seeking antidumping and countervailing duties…

On September 14, 2022, the plaintiff group in the ongoing China Section 301 tariff refund litigation before the Court of International Trade (CIT) filed its comments in response to the USTR’s remand explanation.  The comments highlight that the CIT offered the USTR a final opportunity to explain its rationale and reasoning as to why it…

On September 2, 2022, the Office of the United States Trade Representative (USTR) confirmed, as part of its statutory four-year review process under the Trade Act of 1974, that (1) domestic industry representatives benefiting from the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property,…

On August 16, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued several new Frequently Asked Questions (FAQ) addressing potential red flags for diversion concerns.

Regarding semiconductor foundries, one FAQ asks if there any special red flags that should be considered with regard to parties (e.g., integrated circuit designers) on the Entity…

On August 1, 2022, and as directed by the U.S. Court of International Trade (CIT) in its April 2022 decision (see Update of April 6, 2022), the Office of the U.S. Trade Representative (USTR) filed a 90-page explanation in support of its rationale for imposing List 3 and List 4A tariff determinations to…

Both the Senate and House this week passed the Chips Act of 2022 (H.R. 4346) by comfortable bipartisan margins, sending it to the desk of President Joseph Biden for signature and enactment. The Act seeks to address that fact that only about 12% of semiconductor chips are currently manufactured in the United States and provides…

On June 28, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule placing 36 entities on the Entity List for engaging in activities contrary to the national security or foreign policy interests of the United States. These entities will be listed on the BIS Entity List under the destinations…