Section 301 Investigations

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On September 10, 2020, HMTX Industries LLC and two of its subsidiaries (“complainants”) filed a complaint at the U.S. Court of International Trade (“CIT”) alleging an unlawful escalation of the ongoing trade war with China through the imposition of a third round of tariffs on imports covered under List/Tranche 3. Arguing that the Trade Act…

On August 28, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice announcing the extension of numerous product exclusions from the Section 301 tariffs for imports from China appearing on List 4A (products from China with an annual trade value of $300 billion). The exemptions include 14 10-digit Harmonized Tariff…

On August 26, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it was adding 24 Chinese companies to the Entity List for their role in helping the Chinese military construct and militarize the internationally condemned artificial islands in the South China Sea. “The United States, China’s neighbors, and the international…

On August 24, 2020, TikTok Inc. and its Chinese parent, ByteDance, Ltd., filed suit in the Central District of California against President Donald J. Trump, Secretary of Commerce Wilbur Ross and the U.S. Department of Commerce, in an effort to prevent the government from banning its video-sharing mobile application pursuant to the Executive Order issued…

On August 21, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice exempting Section 301 import tariffs for two additional List/Tranche 3 products from China (import from China with an annual trade value of $200 billion):

  • Wallets, whether or not with wrist straps, of reinforced plastics, each measuring at least 17.5

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On August 17, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice and Final Rule taking several actions directly impacting Huawei Technologies Co., Ltd. (Huawei) and its non-U.S. affiliates. Importantly, after issuing and extending a temporary general license since May 2019, BIS removed that license and replaced it…

On August 14, 2020, after an extensive review and unanimous recommendation by the Committee on Foreign Investment in the United States (CFIUS), President Donald Trump issued an Executive Order directing that the already completed transaction that resulted in the acquisition of Musical.ly, now known as TikTok, by the Chinese company ByteDance Ltd. be unwound. The…

In response to President Donald Trump’s Executive Order on Hong Kong Normalization that suspended the application of preferential trade status for Hong Kong (see Update of July 16, 2020), U.S. Customs and Border Protection (CBP) issued a Federal Register notice on August 11, 2020, that changed the country of origin marking requirements for…

On August 7, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 11 individuals for undermining Hong Kong’s autonomy and restricting the freedom of expression or assembly of the citizens of Hong Kong. These actions were taken pursuant to Executive Order 13936, “The President’s Executive Order on Hong Kong Normalization” (…

On August 6, 2020, President Donald Trump issued two executive orders which will ban certain transactions with China-based mobile applications TikTok and WeChat. Both orders note that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873…