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On September 28, 2020, CBP issued CSMS #44243021 – GUIDANCE: Section 301 Tranche 1 – $34B Action Extension of Product Exclusions from China, which is reproduced below: Background On September 22, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 59587 to extend through December 31, 2020 certain product exclusions previously covered by the September 20, 2019 notice (see 84 FR 49564) for Section 301 duties on China (Tranche 1 – $34B Action). This product exclusion extension relates…

On 19 September 2020, the Ministry of Commerce of the People’s Republic of China (MOFCOM) issued the Regulations on Unreliable Entity List (“UEL Regulations”), which take effect on the same date. While MOFCOM has not named any specific foreign entity to be included on the Unreliable Entity List (UEL), the UEL Regulations set out the principles for the implementation of the UEL system as summarized below. What entities will be included in the UEL? The UEL consists…

On September 22, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 2 ($16 Bn.) action. The notice announces the US Trade Representative’s determination to extend 17 exclusions through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions are available for any product that meets the description in the Annexes to…

On September 22, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 1 ($34 Bn.) action. The 62 product exclusion extensions announced in the notice apply as of September 20, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions are available for any product that meets the…

On September 15, 2020 the State Council Tariff Commission released Tariff Commission Announcement [2020] No. 8, which extends the exclusions (announced in Tariff Commission Announcement [2019] No. 6) for the first batch of exclusions covering 16 products from the United States  through September 16, 2021.   The original expiration date was September 16, 2020.  The exclusion list was established to exempt products from the tariffs imposed by China in retaliation for the section 301 tariffs on…

China governs the import and export of technology under the Regulations for the Administration of the Import and Export of Technology (“Technology Regulations“), the Measures for the Administration of Technologies Prohibited or Restricted from Import, and the Measures for the Administration of Technologies Prohibited or Restricted from Export. The Technology Regulations and related measures are separate and distinct from other China regulatory regimes that currently govern the import and export of dual-use items and encryption…

On September 17, 2020, the Office of the United States Trade Representative (USTR) posted on its website a notice to be published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 2 ($16 Bn.) action. The notice announces the US Trade Representative’s determination to extend 17 exclusions through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions are available for any product…

On September 17, 2020, the Office of the United States Trade Representative (USTR) posted on its website a notice to be published in the Federal Register, a notice of product exclusion extensions from the List/Tranche 1 ($34 Bn.) action. The 62 product exclusion extensions announced in the notice apply as of September 20, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation. The exclusions…

On September 16, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice of product exclusion extension and amendment. USTR initiated the exclusion process for Tranche 3 (the $200 Bn. action) on June 24, 2019, and has granted 15 sets of exclusions under the $200 billion action. These exclusions expired on August 7, 2020. On May 6 and June 3, 2020 [See 85 FR 27011 (May 6, 2020)…

On 15 September 2020, the WTO panel reviewing “United States — Tariff Measures on Certain Goods from China” (DS543) released its panel report, which found that the section 301 tariffs imposed by the US against certain Chinese goods were prima facie inconsistent with various provisions of the General Agreement on Tariffs and Trade (GATT). For the reasons set forth in the Report, the Panel concluded that: a. the parties have not reached a mutually satisfactory…