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Effective May 20, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule creating a 90-day Temporary General License (TGL) authorizing certain transactions involving the export, reexport, and transfer of items subject to the Export Administration Regulations (EAR) to Chinese-headquartered Huawei Technologies Co. Ltd. (“Huawei”) and its sixty-eight non-US affiliates, which were added to the BIS Entity List effective May 16, 2019 (the “Entity List designation”). The TGL will be effective through August 19,…

On May 17, 2019, the US Trade Representative’s Office (USTR) published in the Federal Register a notice [Docket Number USTR–2019–0004] that was made available as an advance copy on May 13, beginning the process of imposing additional duties of up to 25% on all remaining imports from China (i.e., List 4). According to the notice, “[i]n light of China’s failure to meaningfully address the acts, policies, and practices that are subject to this investigation and…

President Hassan Rouhani has announced that Iran will withdraw from certain commitments agreed in the 2015 nuclear agreement; this announcement comes a year after the agreement was abandoned by the US, leading to the re-imposition of US sanctions against Iran. In his 8 May 2019 announcement, Hassan Rouhani declared that Iran will stop exporting its surplus enriched uranium. This decision is contrary to the agreement, under which Iran is required to sell its surplus enriched…

On May 14, 2019, CBP issued CSMS # 19-000244, which contains instructions for filing entries subject to the fourth group of product exclusions from Sec. 301 tariffs. It is reproduced below: Background: On May 14, 2019, the U.S. Trade Representative published Federal Register Notice 84 FR 21389 announcing the decision to grant the fourth round of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China…

On May 14, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 181219999-8999-01] that amends the Export Administration Regulations (EAR) by adding twelve entities, under a total of sixteen entries, to the Entity List. These twelve entities have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the…

On May 13, 2019, the State Council Customs Tariff Committee released Announcement [2019] No. 2 (税委会公告〔2019〕2号), which indicates that the Customs Tariff Commission has decided to launch exclusion work for US products subject to ad valorem tariffs on a trial basis. According to the applications of Chinese stakeholders, we will exclude some of the products that meet requirements from the scope of ad valorem tariffs on US products. We will take exclusion measures such as…

On May 14, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of product exclusion from the additional duties imposed (effective July 6, 2018) on goods of China with an annual trade value of approximately $34 billion (the $34 billion action) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. USTR’s determination included…

On May 3, 2019, the Ministry of Finance of the P.R. of China announced released Tariff Committee Announcement [2019] No. 3 which states that the actions taken by the United States to increase duties from 10% to 25% on May 10, 2019, ” have led to an escalation of Sino-US economic and trade frictions, contrary to the consensus between China and the United States on resolving trade differences through consultations, jeopardizing the interests of both…

On May 13, 2019, the US Trade Representative’s Office (USTR) made available an advance copy of the notice that will be published in the Federal Register later this week beginning the process of imposing additional duties of up to 25% on all remaining imports from China (i.e., List 4). According to the notice, “[i]n light of China’s failure to meaningfully address the acts, policies, and practices that are subject to this investigation and its response…

On May 9, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice announcing that the 10% duty on articles included on List 3 under Section 301 will increase to 25%. The notice also announces that, as promised, now that the duty rate is going to 25%, USTR will establish a product exclusion process for articles on List 3 (like has been done for articles included on Lists 1…