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
Section 301 Investigations
President Trump Orders Chinese Company ByteDance to Divest Its Holdings in TikTok (formerly Musical.ly)
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…
CBP Issues Notice on Country of Origin Marking for Hong Kong Products
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…
U.S. Sanctions Hong Kong Officials for Undermining Hong Kong’s Autonomy; China Quickly Retaliates
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” (…
President Trump Issues Executive Orders Prohibiting Transactions Related to TikTok and WeChat
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…
USTR Grants Only 266 Product Exclusion Extensions for China Section 301 List/Tranche 3 Products – Over 700 Product Exclusions to Expire on August 7, 2020
On August 6, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice announcing that for the nearly 1,000 exclusions it has granted to date for imported products from China appearing on Section 301 List 3 (Chinese goods with an annual trade value of approximately $200 billion), it will only grant…
USTR Grants Additional China Section 301 Tariff Exclusions for Products on List/Tranche 4A and Immediately Seeks Public Comment on Possible Extensions
On August 6, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice exempting Section 301 tariffs for imports from China appearing on List4A (products from China with an annual trade value of $300 billion). The exemptions cover one 10-digit Harmonized Tariff Schedule (HTS) subheading and nine specially prepared product descriptions,…
USTR Seeks Public Comment on Extending China Section 301 List/Tranche 1 Product Exclusions Set to Expire October 2, 2020
On August 3, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice seeking public comment on whether extensions for up to 12 months should be granted for particular products receiving exclusions from the Section 301 25 percent tariff on imports from China with an annual trade value of $34 billion…
OFAC Sanctions Chinese Government Agency and Officials for Human Rights Abuses
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has sanctioned the Xinjiang Production and Construction Corps (XPCC), Sun Jinlong, a former Political Commissar of the XPCC, and Peng Jiarui, the Deputy Party Secretary and Commander of the XPCC, in connection with human rights abuses against ethnic minorities in the Xinjiang Uyghur Autonomous…
USTR Announces Section 301 Tariff Exclusion Extensions for Certain Imported Chinese Products on List/Tranche 2
The Office of the U.S. Trade Representative (USTR) in a Federal Register notice granted a limited number of extensions for imported Chinese products appearing on List 2 (goods valued $16 million) previously excluded from the Section 301 tariff. These extensions include certain medical supplies and products necessary to continue to combat the COVID-19 virus. In…
