On August 2, 2021, the U.S. Court of International Trade (CIT) held a status conference and issued its second order revising certain deadlines originally established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products.
Section 301 Investigations
China-United States Legal and Regulatory Update
Over the past year, there have been many legal and regulatory developments that critically impacted trade and investments between China and the United States. Given the broad impact and frequency of these changes, we are providing quarterly consolidated updates on key changes. For recent past developments, please also see our March 2021 update.
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U.S. Government Releases Xinjiang Supply Chain Business Advisory Update
Key Notes:
- On July 13, the U.S. government released an updated version of the Xinjiang Supply Chain Business Advisory advising U.S. companies of the widespread, PRC-government sponsored forced labor and intrusive surveillance practices targeting ethnic and religious minorities in Xinjiang.
- The Advisory urges U.S. companies with supply chains, ventures or investments connected to Xinjiang to
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CIT Adjusts Deadlines in Section 301 Tariff Refund Litigation
By Scott E. Diamond** on
On July 20, 2021, the U.S. Court of International Trade (CIT) issued an order revising certain deadlines established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products. The preliminary injunction suspended liquidation of unliquidated…
U.S. and Vietnam Reach Agreement on Vietnam’s Currency Practices
By Scott E. Diamond** on
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.…
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…