On September 10, 2020, HMTX Industries LLC and two of its subsidiaries (“complainants”) filed a complaint at the U.S. Court of International Trade (“CIT”) alleging an unlawful escalation of the ongoing trade war with China through the imposition of a third round of tariffs on imports covered under List/Tranche 3. Arguing that the Trade Act
Trade Remedy/Enforcement
“Trump and Trade” Is Now “SmarTrade”
Our International Trade practice group has been blogging about a wide range of trade-related news and activities since November 2016, and in June 2018 we officially launched the “Trump and Trade” blog. However, our purview has always been broader than the executive branch; we also provide timely updates on legislation, trade remedy litigation, customs matters,…
TikTok Files Suit to Prevent U.S. Ban of Its Mobile Application
On August 24, 2020, TikTok Inc. and its Chinese parent, ByteDance, Ltd., filed suit in the Central District of California against President Donald J. Trump, Secretary of Commerce Wilbur Ross and the U.S. Department of Commerce, in an effort to prevent the government from banning its video-sharing mobile application pursuant to the Executive Order issued…
United States and the European Union Agree to Certain Tariff Reductions
On August 21, 2020, the United States and the European Union (EU) agreed to tariff reductions on several products unrelated to ongoing trade disputes involving Section 232 national security tariffs on aluminum and steel products and retaliatory tariffs under the WTO dispute involving large commercial aircraft. In a Joint Statement issued by the Office of…
Commerce Adds Further Huawei Affiliates to Entity List and Tightens Huawei-Related Direct Product Rule
On August 17, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice and Final Rule taking several actions directly impacting Huawei Technologies Co., Ltd. (Huawei) and its non-U.S. affiliates. Importantly, after issuing and extending a temporary general license since May 2019, BIS removed that license and replaced it…
President Trump Orders Chinese Company ByteDance to Divest Its Holdings in TikTok (formerly Musical.ly)
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…
USTR Makes Minor Revisions to List of EU Goods Subject to WTO Retaliatory Tariffs in Ongoing Dispute Over Large Civil Aircraft Subsidies
On August 12, 2020, the Office of the U.S. Trade Representative (USTR) released an updated list of goods from the European Union (EU) that will continue to be subject to retaliatory tariffs as part of the dispute settlement at the World Trade Organization (WTO) over Airbus subsidies. In June 2020, USTR sought public comment on…
U.S. International Trade Commission Releases Final Report on Miscellaneous Tariff Bill Petitions
On August 10, 2020, the U.S. International Trade Commission (USITC) released its final report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).
As required by the AMCA, the USITC submitted the report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee…
President Trump Issues Executive Orders Prohibiting Transactions Related to TikTok and WeChat
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…
USTR Grants Only 266 Product Exclusion Extensions for China Section 301 List/Tranche 3 Products – Over 700 Product Exclusions to Expire on August 7, 2020
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…
