Section 301 Investigations

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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…

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…

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,…

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…

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…

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…

Effective July 22, 2020, pursuant to a Federal Register notice, the Department of Commerce’s Bureau of Industry and Security (BIS) has placed 11 Chinese entities on the Entity List stating that all “have been implicated in human rights violations and abuses in the implementation of China’s campaign of repression, mass arbitrary detention, forced labor…