Section 301 Investigations

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On May 26, 2020, as required under the FY2019 National Defense Authorization Act, the White House released its report, “United States Strategic Approach to the People’s Republic of China,” detailing a government-wide strategy concerning the People’s Republic of China (China or PRC). Recognizing that 40 years of direct engagement with China has not…

Hong Kong currently enjoys special trade status with the United States in comparison to China, as a result of China’s agreement in 1997 to allow Hong Kong continued autonomy in many economic and administrative ways. As recent press articles have indicated, the People’s Republic of China (PRC) has increasingly cracked down on the Hong Kong…

The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for up to 12 months exclusions from the Section 301 tariffs granted in June 2019 for certain imports from China (see Trump and Trade Update of March 22, 2020), has approved 16 extensions covering the following Harmonized Tariff Schedule…

In a May 28, 2020 Federal Register notice, the Office of the U.S. Trade Representative (USTR), without explanation or precedent, revoked two granted Section 301 product exclusions.  In early May 2020, the USTR approved a batch of product exclusions for certain List/Tranche 4 products (imports from China with an annual trade value of $300…

The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 import tariffs for certain List 3 products from China (imports from China with an annual trade value of $200 billion). The exemptions cover 17 ten-digit Harmonized Tariff System (HTS) subheadings and 61 specially prepared product descriptions, which cover…

The Department of Commerce’s Bureau of Industry and Security (BIS) has issued an Interim Final Rule amending General Prohibition Three, also known as the foreign-produced direct product reexport rule, so that this General Prohibition applies to certain additional foreign-made items destined for certain persons designated with a new footnote on BIS’ Entity List. Specifically, this…

Due to continuing concerns with Huawei Technologies and its non-U.S. affiliates accessing and using U.S. technology and software to design and manufacture its semiconductors, the Department of Commerce (Commerce) announced that it will further tighten export restrictions on the Chinese conglomerate. Commerce’s  Bureau of Industry and Security (BIS) will amend its foreign-produced direct product rule…

The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for up to 12 months exclusions from the Section 301 tariffs granted in May 2019 for certain imports from China (see Trump and Trade Update of March 2, 2020), has approved 13 extensions covering the following Harmonized Tariff…

On May 13, 2020, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW), a union on behalf of the domestic industry employees, filed petitions with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) seeking antidumping (AD) duties on imports of…

The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice excluding certain List/Tranche 4 products (imports from China with an annual trade value of $300 billion) from China Section 301 tariffs. The exemptions cover three 10-digit Harmonized Tariff System (HTS) subheadings and five specially-prepared product descriptions, which cover 27 separately submitted…