Section 301 Investigations

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The Office of the U.S. Trade Representative (USTR) has issued findings in its Section 301 investigations of Digital Service Taxes (DSTs) adopted by India, Italy and Turkey.  In each report, the USTR found that the DSTs: (i) create “a significant new tax burden for U.S. companies, [and] taxes an unusually broad array of digital services”;…

Key Notes:

  • The ban is effective January 11, 2021.
  • Executive Order 13959 bans U.S. persons from transacting in publicly traded securities or derivatives or similar securities of publicly traded Chinese companies designated by the U.S. Department of Defense as enabling Chinese military aims.
  • OFAC has identified, and will continue to add, subsidiaries of the named

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While the Office of the U.S. Trade Representative (USTR) was set to impose additional import duties of 25 percent starting January 6, 2021, these retaliatory tariffs have now been further suspended according to a press release. These additional tariffs on certain products from France are in response to that country’s continued collection of a…

On January 5, 2021, President Donald Trump issued an executive order declaring that beginning on February 19, 2021, “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidiaries, … :…

The Office of the U.S. Trade Representative (USTR) has announced that it is extending until March 31, 2021, Section 301 tariff exclusions for imports of certain Chinese medical care products needed to address the COVID-19 pandemic. Effective January 1, 2021, Section 301 tariff exclusions have been extended for a variety of Chinese medical care products,…

On December 23, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice in which it amends the Export Administration Regulations (EAR) by adding a new Military End User (MEU) List. This list identifies entities that BIS has determined are military end users for purposes of the “military end…

On December 22, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued formal notification in the Federal Register of its addition of 77 entities to its Entity List. BIS determined that these entities are “engaging in or enabling activities contrary to U.S. national security and foreign policy interests.”  While these listings were…

On December 18, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a brief press statement announcing that it has “added” more than 60 entities to the Entity List, including Chinese company Semiconductor Manufacturing International Corporation (SMIC), in order to “protect U.S. national security.” The Chinese companies include entities that enable human…

On December 11, 2020, the Treasury Department submitted its first report to Congress under the Hong Kong Autonomy Act, stating that to date it has not identified any foreign financial institutions (FFIs) that have knowingly conducted a significant transaction with an identified foreign person under the Hong Kong Autonomy Act (HKAA). The Department of…