Section 301 Investigations

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The Office of the U.S. Trade Representative (USTR) has released notice of its fifth batch of China Section 301 product exclusion approvals that will relieve impacted U.S. importers from the 25 percent tariff implemented on certain imports from China July 6, 2018. These approved exclusions cover 464 exclusion requests and are established in two different…

The Office of the U.S. Trade Representative (USTR) has announced that it is extending the amount of time certain goods exported from China will have to enter the United States before an additional Section 301 tariff increase from 10 percent to 25 percent is imposed. As we reported on May 9, President Donald Trump…

In a filing with the Office of Management and Budget (OMB) seeking emergency clearance for an information collection and form approval, the Office of the U.S. Trade Representative (USTR) formally indicated that it is “establishing a process by which U.S. stakeholders can request the exclusion of particular products classified within a covered tariff subheading from…

On May 20, 2019, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a 90-day temporary general license that partially restored the export licensing requirements under the Export Administration Regulations (EAR) for exports, reexports and transfers (in-country) to Huawei Technologies Co., Ltd. and its 68 affiliates (Huawei), which were added to the Entity List on May 16, 2019 (see Trump and Trade Update of May 17, 2019). The temporary general license permits these activities:

  • Continued Operation of Existing Networks and Equipment, subject to other provisions of the EAR, necessary to maintain and support existing and currently fully operational networks and equipment, including software updates and patches, subject to legally binding contracts and agreements executed between Huawei and third parties on or before May 16, 2019.
  • Support to Existing Handsets, subject to other provisions of the EAR, necessary to provide service and support, including software updates or patches, to existing Huawei handsets that were available to the public on or before May 16, 2019.
  • Cybersecurity Research and Vulnerability Disclosure, subject to other provisions of the EAR, the disclosure to Huawei of information regarding security vulnerabilities in items owned, possessed or controlled by Huawei when related to the process of providing ongoing security research critical to maintaining the integrity and reliability of existing and currently fully operational networks and equipment, as well as handsets.
  • Engagement as Necessary for Development of 5G Standards by a Duly Recognized Standards Body, subject to other provisions of the EAR, engagement with Huawei as necessary for the development of 5G standards as part of a duly recognized international standards body (e.g., Institute of Electrical and Electronics Engineers (IEEE), Internet Engineering TaskForce (IETF), International Organization for Standards (ISO), International Telecommunications Union (ITU), European Telecommunications Standards Institute (ETSI), 3rd Generation Partnership Project (3GPP), Telecommunications Industry Association (TIA), and GSM Association (GSMA or Global System for Mobile Communications)).

The Federal Register notice filed by the Department of Commerce’s Bureau of Industry and Security (BIS) to be published on Tuesday, May 21, 2019, indicates that the U.S. government has added Huawei and 68 of its non-U.S. affiliates to the Entity List because BIS has found that “there is reasonable cause to believe that Huawei…

President Donald J. Trump has issued an executive order, “Securing the Information and Communications Technology and Services Supply Chain,” that declares a national emergency as to the threats against information and communications technology and services in the United States. It delegates authority to the secretary of Commerce to prohibit transactions posing an unacceptable risk to the national security of the United States or the security and safety of U.S. persons. In a brief press statement, the White House noted, “The President has made it clear that this Administration will do what it takes to keep America safe and prosperous, and to protect America from foreign adversaries who are actively and increasingly creating and exploiting vulnerabilities in information and communications technology infrastructure and services in the United States.”

After trade negotiations between China and the United States faltered last week, China announced on May 13, 2019, that it would retaliate against the United States’ increase in Section 301 tariffs on certain Chinese products from 10 percent to 25 percent (see Trump and Trade Update of May 9, 2019). China’s Ministry of Finance announced that as of June 1, 2019, it will increase the tariffs on imports of U.S. goods valued at approximately $60 billion in response to the increase in tariffs implemented by the United States. While not adding goods to its list at this time, China will be increasing the tariffs it imposed on over 5,000 U.S. products on September 24, 2018 (see Trump and Trade Update of September 19, 2018). With the May 13 announcement, the Ministry of Finance indicated that on June 1, 2019, 2,493 U.S. products will now be subject to a 25 percent tariff; 1,078 products will be increased to a 20 percent tariff; and 974 products will be subject to a 10 percent tariff. A 5 percent tariff will remain in place on 595 U.S. products. (Note: All of the linked documents related to the announcement by China’s Ministry of Finance are in Chinese. As soon as English translations become available, they will be posted.)

On the same day that the Office of the U.S. Trade Representative (USTR) raised the Section 301 tariff rate to 25 percent on imports from China valued at $200 billion that had been subject to a 10 percent tariff rate since September 24, 2018, the USTR also announced its fourth batch of products to be…

Since publication of yesterday’s update (see Trump Administration Increases Section 301 Import Tariff on Third Tranche of Chinese Products from 10% to 25%), questions have been raised as to whether the tariff increase affects shipments from China in process, or “on the water.” The USTR has indicated that products of China that are covered…

Today, the Office of the U.S. Trade Representative (USTR) formally published a notice in the Federal Register confirming what President Donald Trump tweeted out last Sunday: U.S. imports of Chinese products, valued at $200 billion, that have been subject to a Section 301 10 percent tariff since September 24, 2018, will face a 25 percent…