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On September 11, 2019, the Customs Tariff Commission issued Announcement [2019] № 6 containing two lists of products excluded from the increased tariffs on certain US products. For products listed on List 1, no retaliatory tariffs will be imposed for one year (from September 17, 2019 to September 16, 2020). Refunds will be issued for tariffs already collected provided that the enterprise applies to Customs within six months from the date of publication of the…

On September 10, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2019-06; FAR Case 2019-011; Item IV; Docket No. FAR2019-0011; Sequence No. 1] amending the Federal Acquisition Regulation (FAR) to add Australia as a World Trade Organization Government Procurement Agreement (WTO GPA) country. It applies to acquisitions over the WTO GPA threshold, as well as to acquisitions…

On 4 September 2019, the House of Commons passed a Bill (327 in favor to 299 against) that requires the Prime Minister, Boris Johnson, to seek an extension from the EU if he cannot obtain a withdrawal agreement by 19 October. The extension would effectively preclude a “no-deal” Brexit and ensure continuity. The House of Lords passed the Bill on a voice vote on 6 September 2019, after defeating an amendment (283-28) that would have…

On August 30, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) published Due Diligence Guidance urging companies to employ heightened due diligence when exporting to Pakistan (the Pakistan Guidance). The Pakistan Guidance specifically focuses on (i) supplemental licensing requirements applicable for items (e.g. goods, software, or technology) subject to the Export Administration Regulations (EAR) that may be destined to nuclear or missile activities, and (ii) best practices for screening customers in Pakistan to prevent…

On August 30, 2019, CBP issued CSMS # – UPDATE: Updated Information on Section 301 Trade Remedies to be Assessed on Certain Products of China; Fourth List of Products Subject to the Section 301 Remedy (Tranche 4) printed below in its entirety: This message provides notice of modification to the action being taken in the Section 301 investigation which increases the rate of additional duty from 10 to 15 percent for the products of China…

On September 5, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that announces changes to CBP’s National Customs Automation Program (NCAP) test concerning periodic monthly statements (PMS) to reflect that CBP will identify PMS as paid upon the completion of the funds transfer when payment is made via Automated Clearinghouse (ACH). The trade community will experience no delays, interruptions, or process changes associated with the modifications. Except to…

On September 5, 2019, US Customs and Border Protection (CBP) published in the Federal Register a final rule [USCBP–2016–0075; CBP Dec. No. 19–11] which clarifies two sections of CBP regulations (19 C.F.R. 12.73(j) and 141.113(B)) that do not currently reflect CBP’s operational structure or the objective of the “Regulatory Implementation of the Centers of Excellence and Expertise” interim final rule that was published on December 20, 2016 in the Federal Register (81 Fed. Reg. 92978).…

On August 29, 2019, the Office of the US Trade Representative (USTR) filed a notice for public inspection at the Federal Register office that will be published on September 3* [Docket No. USTR-2019-0015] requesting comments on a proposal to increase the duties from 25% to 30% ad valorem for articles from China covered by tariff actions with an aggregate annual trade value of approximately $250 billion (lists (tranches) 1-3. The products subject to this proposed…

On August 30, 2019, the Department of State published in the Federal Register a final rule [Public Notice: 10779] in response to public comments, revising Category XI on the US Munitions List (USML).to remove items that do not warrant continued inclusion, and, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies paragraph (b) in Category XI of the USML. The control for certain air surveillance radar in…

On August 5, 2019, the Trump Administration labeled China a “currency manipulator,” in a move that many called symbolic. From a trade remedies perspective, the decision could mean increased duties on products subject to countervailing duty orders, adding pressure and expense to already burdened imports. Currency manipulation refers to the practice of weakening one’s own currency to improve trade balances by making exports cheaper and imports more expensive. During the 2016 presidential campaign, then candidate…