On July 19, 2021, the U.S. Department of the Treasury (Treasury) and the State Bank of Vietnam (SBV) reached an agreement to address concerns raised by the United States about Vietnam’s currency practices that were found actionable in an investigation under Section 301 of the Trade Act of 1974 by the Office of the U.S.
Section 301 Investigations
U.S. Government Issues Hong Kong Business Advisory
By Scott E. Diamond** on
On July 16, 2021, the U.S. Departments of State, Commerce, Homeland Security and the Treasury issued a Hong Kong Business Advisory highlighting growing risks for U.S. companies operating in the Hong Kong Special Administrative Region (SAR) due to ongoing actions taken by the Government of the People’s Republic of China (China). The advisory states that…
BIS Adds Entities to the Entity List and the Military End-User List
By Scott E. Diamond** on
On July 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding thirty-four (34) entities to the Entity List for the following destinations: Canada; People’s Republic of China (China); Iran; Lebanon; Netherlands; Pakistan; Russia; Singapore; South Korea; Taiwan; Turkey; the United Arab Emirates (UAE); and the United Kingdom. …
CIT Preliminarily Suspends Liquidation of Certain Entries Subject to China Section 301 Duties
By Scott E. Diamond** on
On July 6, 2021, the U.S. Court of International Trade (CIT) issued an opinion granting the Plaintiffs’ motion for a preliminary injunction in the ongoing China Section 301 tariff litigation. The preliminary injunction suspends liquidation of unliquidated entries subject to List 3 and List 4A Section 301 duties, which, the Plaintiffs allege, are not authorized…
U.S.-EU Summit Statement Addresses Trade, Investment and Technological Cooperation
By Scott E. Diamond** on
On June 15, 2021, the United States and European Union (EU) issued a joint Summit Statement trumpeting a “renewed transatlantic partnership” at the conclusion of President Joseph Biden’s first trip abroad as president. The statement establishes a Joint Transatlantic Agenda “for the post-pandemic era, and … regular dialogue to take stock of progress.” The leaders…
President Biden Signs Executive Order to Protect the U.S. Information and Communications Technology and Services Supply Chain
By Scott E. Diamond** on
On June 9, 2021, President Joseph Biden issued an Executive Order (E.O.) to further address the threat posed to the U.S. information and communications technology and services (ICTS) supply chain declared in Executive Order 13873 (the “Telecom Supply Chain E.O.”; see Update of May 16, 2019). The June 9, 2021 E.O. also revoked and…
Biden Administration Expands Sanctions on Chinese Military-Industrial Complex Companies
On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (EO). The EO supersedes the executive orders targeting “Communist Chinese Military Companies” that the Trump administration issued. Specifically, it revises Sections 1 through 5 of Executive Order 13959…
U.S. Government Defendants at CIT File Motion to Dismiss China Section 301 Tariff Refund Cases
On June 1, 2021, the U.S. Department of Justice (DOJ), representing U.S. government defendants, filed its dispositive motion – a motion to dismiss and, in the alternative, a motion for judgment on the agency record – in litigation at the U.S. Court of International Trade (CIT) involving the potential refund of Section 301 tariffs placed…
USTR Announces Section 301 Tariffs in Retaliation for Digital Service Taxes by Six Countries but Suspends Implementation While Negotiations Continue
By Scott E. Diamond** on
On June 2, 2021, the office of the U.S. Trade Representative (USTR) announced the conclusion of its Section 301 investigations of Digital Service Taxes (DSTs) that have been adopted by Austria, India, Italy, Spain, Turkey and the United Kingdom. For each country, USTR determined that it would take action in the form of additional duties…
CBP Issues WRO for Seafood Products Imported from the Dalian Ocean Fishing Company
On May 28, 2021, the U.S. Customs and Border Protection (CBP) issued a press release announcing that the CBP had issued a Withhold Release Order (WRO) for imports of seafood products from Dalian Ocean Fishing Co., Ltd., a Chinese entity, “based on information that reasonably indicates the use of forced labor in the entity’s fishing…