On April 1, 2022, the three-judge panel at the U.S. Court of International Trade (CIT) issued its opinion in the China Section 301 tariff refund litigation regarding the government defendants’ motion to dismiss and the plaintiffs’ cross-motion for judgment on the record. The CIT found that: (1) the Office of the U.S. Trade Representative (USTR)
USTR Katherine Tai Discusses President Biden’s 2022 Trade Agenda
By Scott E. Diamond** on
On March 30, 2022, U.S. Trade Representative Katherine Tai appeared before the House Ways & Means Committee to discuss President Joseph Biden’s 2022 trade agenda. In Ambassador Tai’s written testimony, she primarily focused on the U.S.-China trade relationship. Ambassador Tai highlighted ongoing talks with China over trade distortions and imbalances, including China’s failure to…
USTR Reinstates Certain Expired China Section 301 Product Exclusions
By Scott E. Diamond** on
On March 23, 2022, the Office of the U.S. Trade Representative (USTR) announced that it was reinstating certain previously granted and extended product exclusions in the China Section 301 investigation. Per the Federal Register notice, USTR has reinstated 352 of the 549 eligible exclusions identified in the October 8, 2021 USTR Federal Register notice…
USTR Again Criticizes China’s WTO Compliance
By Scott E. Diamond** on
On February 15, 2022, the Office of the U.S. Trade Representative (USTR) released its annual 2021 Report To Congress on China’s WTO Compliance. Upon the release of the report, USTR Katherine Tai said: “China has not moved to embrace the market-oriented principles on which the WTO and its rules are based … [but] has…
OFAC Issues Chinese Military-Industrial Complex Sanctions Regulations
By Scott E. Diamond** on
On February 16, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule adding formal regulations to implement previously announced sanctions regarding Chinese Military-Industrial Complex companies. These formal regulations are the result of a November 12, 2020, Executive Order (EO) 13959 issued by former President…
BIS Adds 33 Chinese Companies to the Unverified List
Effective February 8, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) has added 33 Chinese companies to its Unverified Listed. The Unverified List contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, reexport, or transfer (in-country) of items subject to the…
CIT Holds Oral Argument in China Section 301 Tariff Refund Litigation
By Scott E. Diamond** on
On February 1, 2022, a three-judge panel at the U.S. Court of International Trade (CIT) held oral argument in the China Section 301 tariff refund litigation to consider the government defendants’ motion to dismiss and the plaintiffs’ cross motion for judgment on the record. Arguments by both parties focused on three main issues: (1) justiciability;…
DHS Seeks Public Comment on Methods to Prevent the Importation of Goods Originating from Forced Labor in China
By Scott E. Diamond** on
On January 24, 2022, the Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force (Task Force), issued a request for public comments on “how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are…
Biden Signs Uyghur Forced Labor Prevention Act
Key Notes:
- President Biden signed the Uyghur Forced Labor Prevention Act into law on December 23, 2021 to continue efforts to prevent the importation into the United States of goods produced in whole or in part with forced labor in China.
- The Act creates a rebuttable presumption that all goods produced in whole or in
…
OFAC Identifies Eight Chinese Companies as Chinese Military-Industrial Complex Companies
By Scott E. Diamond** on
On December 16, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced it was placing another eight Chinese technology firms on its Non-SDN Chinese Military-Industrial Complex Companies List (CMIC List). This action was taken pursuant to Executive Order 13959 (as amended by Executive Order 14032), which prohibits U.S. persons from conducting…