On March 16, 2021, the State Department identified 24 additional persons it determined are contributing to “the failure of the People’s Republic of China (PRC) to meet its obligations under the Sino – British Joint Declaration … or Hong Kong’s Basic Law” and, as a result, the Department of the Treasury has sanctioned these persons.
Company Designated as a Communist Chinese Military Company Obtains Court Injunction on Investment Ban
By Scott E. Diamond** on
On March 12, 2021, the U.S. District Court for the District of Columbia issued a preliminary injunction which prohibits the Department of Defense (DOD) from enforcing its January 2021 designation of Xiaomi Corporation (Xiaomi) of China as a Communist Chinese Military Company (CCMC) pursuant to Executive Order (EO) 13959 and Section 1237 of the National…
U.S. Government Answers Complaints in CIT China Section 301 Tariff Refund Litigation
By Scott E. Diamond** on
On March, 11, 2021, the U.S. government, the defendant in the ongoing U.S. Court of International Trade (CIT) China tariff refund litigation filed its master answer and anticipated affirmative defenses in response to the thousands of complaints challenging the legality of the additional duties implemented on certain imports from China pursuant to Section 301 of…
BIS Seeking Comments on Risks in the Semiconductor Manufacturing and Advanced Packaging Supply Chains
By Scott E. Diamond** on
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued a notice seeking public comment on the risks in the semiconductor manufacturing and advanced packaging supply chains. This request is a direct result of President Joseph Biden’s recent Executive Order 14017 and the need for resilient, diverse, and secure supply chains for critical…
CIT Dismisses Case Challenging Constitutionality of Section 232 Tariffs
By Scott E. Diamond** on
On March 10, 2021, the U.S. Court of International Trade (CIT) issued an opinion dismissing all claims by Thyssenkrupp Materials NA Inc. (Thyssenkrupp) challenging the constitutionality of the federal government’s administration of Section 232 aluminum and steel duties under the Trade Expansion Act of 1962. The CIT addressed whether the modified process created by the…
Global Guide to Government Measures Taken in Response to COVID-19
Since April 2020, we have collaborated with foreign law firm partners to monitor and report on the most relevant government measures worldwide addressing the COVID-19 pandemic. The newest version of the guide includes a concise, corporate-focused and user-friendly list of government measures and covers areas like tax, restructuring, business immigration, government contracts and international trade.…
United States Implements Multiple Sanctions and Export Restrictions on Russia
On March 2, 2021, the Departments of Commerce, State and the Treasury imposed sanctions and export restrictions on numerous Russian officials and government entities in response to the Russian Federation’s imprisonment and alleged previous poisoning of opposition figure Aleksey Navalny. These actions follow similar sanctions imposed by the European Union and the United Kingdom. Dozens…
BIS Implements Additional Export Restrictions on Burma
By Scott E. Diamond** on
On March 4, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced further export restrictions on Burma initially implemented in February 2021. See Update of February 18, 2021. These actions are in response to the coup in Burma on February 1, 2021, in which the military overthrew the democratically elected civilian…
USTR Again Extends Section 301 Tariff Exclusions for Certain Medical Products from China Necessary for COVID-19 Response
By Scott E. Diamond** on
The Office of the U.S. Trade Representative (USTR) has announced that it will continue to exclude Section 301 duties on imports of certain Chinese medical care products needed to address the COVID-19 pandemic. The current exclusions were set to expire on March 31, 2021 (see Update of December 23, 2020); however, with this…
U.S. and EU Temporarily Suspend WTO Retaliatory Tariffs on Large Civilian Aircraft
By Scott E. Diamond** on
On March 5, 2021, the United States and the European Union (EU) issued a joint statement announcing a suspension of World Trade Organization (WTO)-authorized retaliatory tariffs in the trade dispute involving government subsidies for large civilian aircraft. The statement notes the suspension “will cover all tariffs both on aircraft as well as on non-aircraft products,…