Section 301 Investigations

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The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee headed by the Department of the Treasury, is authorized to review transactions that could result in the control of U.S. businesses by foreign persons or companies in order to determine the effect of such transactions on the national security of the United…

The Department of Commerce’s Bureau of Industry and Security (BIS) announced this week that it will again extend the temporary general license it issued in May 2019 (see Trump and Trade Update of May 21, 2019 and August 19, 2019) that partially continued the availability of exports under the Export Administration Regulations (EAR) for …

The Office of the U.S. Trade Representative (USTR) announced today more Section 301 tariff exclusions for certain imported Chinese products appearing on List 3. These products have been subject to Section 301 tariffs since September 24, 2018. The USTR determined that two 10-digit subheadings will be excluded in their entirety:

  • 8409.91.3000: Parts suitable for use

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On November 1, the World Trade Organization (WTO) issued a decision arising from a longstanding dispute between the United States and China concerning certain methodologies used by the United States in anti-dumping (AD) proceedings involving imports of Chinese products. In this dispute, China argued that certain methodologies used by the U.S. Department of Commerce (Commerce)…

The Office of the U.S. Trade Representative (USTR) has announced that it is seeking public comment on its consideration of extending certain product exclusions it granted in December 2018 in the ongoing trade dispute with China [update: USTR Federal Register notice of October 31, 2019]. These exclusions were part of the first round of…

The Office of the U.S. Trade Representative (USTR) announced today more Section 301 tariff exclusions for certain imported Chinese products appearing on List 3. These products have been subject to Section 301 tariffs since September 24, 2018. The USTR determined that 83 specific product descriptions will be excluded from the tariffs, covering 95 separate exclusion…

The Office of the U.S. Trade Representative (USTR) has announced that it will begin accepting tariff exclusion requests on October 31, 2019, for imports of Chinese goods subject to a 15 percent tariff (Tranche/List 4 tariffs), which went into effect on September 1, 2019. This list encompasses products on List 4A of approximately…

On October 11, 2019, in remarks to the press, President Donald Trump announced that the United States and China’s trade negotiators had “agreed in principle” to address issues involving intellectual property, financial services and agricultural sales between the two countries. In this “phase one” agreement, China agreed to purchase between $40 billion to $50…

In a series of notices, the Office of the U.S. Trade Representative (USTR) granted exclusions from Section 301 tariffs for certain imported Chinese products on List 1 (valued at $34 billion), List 2 (valued at $16 billion and List 3 (valued at $200 billion). Products on these lists currently face a 25 percent Section 301…

On September 11, 2019, the Customs Tariff Commission of China’s State Council (CTCSC) announced its first batch of tariff exclusions for imports of U.S. products, covering shrimp, fish meal, lubricants and more, according to an unofficial translation of a Ministry of Finance press release. These exclusions will be executed under two different lists:

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