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China

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Author: John M. Foote With the signing of the “Phase 1” U.S. – China economic and trade agreement last week, I wanted to offer some extended analysis on the state of affairs for companies importing and purchasing from China. We know that modest duty relief will arrive February 14 in the form of list 4A tariff reductions, but also that significant tariffs remain in effect on Lists 1, 2 and 3. Beyond hoping for the…

On January 22, 2020, the US Trade Representative (USTR) published in the Federal Register a notice of modification of action (an advance copy of which was previously posted on the USTR website on Jan. 15) reducing the rate of additional duty on certain products of China (List 4A) from 15 percent to 7.5 percent. The reduction will be applicable as of 12:01 am Eastern Standard Time on February 14, 2020, for products covered by Annex…

On January 15, 2020, President Trump and China’s Vice Premier Liu He signed “Phase One” of the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China.” The Agreement provides for the purchase by China of $200 billion worth of agricultural (including beef and poultry), energy and manufactured goods over the next two years as well as provide market access for US financial services (like banks, insurance companies and…

On January 15, 2020, the US Trade Representative (USTR) posted an advance copy of a Federal Register notice of modification of action reducing the rate of additional duty on certain products of China (List 4A) from 15 percent to 7.5 percent. The reduction will be applicable as of 12:01 am Eastern Standard Time on February 14, 2020, for products covered by Annex A of the August 20, 2019 notice (84 Fed. Reg. 43304). On August…

On 28 December 2019, the National People’s Congress (NPC) of the People’s Republic of China (PRC) released a new draft of the Export Control Law (ECL) (“2019 Draft”), an update from the 2017 version circulated by the Ministry of Commerce. Click here to refer to our client alert on the 2017 Draft. The 2019 Draft is now open for public comment until 26 January 2020. If enacted, the ECL will be China’s first comprehensive and…

On January 3, 2020, the Federal Communications Commission (FCC) published in the Federal Register a document [WC Docket No. 18–89; FCC 19–121; FRS 16316] seeking comment on actions to address national security threats to networks funded by the Universal Service Fund (USF). The FCC concurrently adopted a Report and Order addressing the use of USF support to purchase or obtain any equipment or services produced or provided by a covered company posing a national security…

On January 3, 2020, the Federal Communications Commission (FCC) published in the Federal Register a final rule [WC Docket No. 18–89, PS Docket Nos. 19– 351, 19–352; FCC 19–121; FRS 16315], effective on publication, that prospectively prohibits the use of Universal Service Fund (USF) funds to purchase or obtain any equipment or services produced or provided by a covered company posing a national security threat to the integrity of communications networks or the communications supply…

On December 31, 2019, the US Trade Representative (USTR) posted on its website an advance copy of a Federal Register notice that announces USTR’s determination to grant certain exclusion requests, as specified in the Annex to this notice, and corrects a ministerial error in a previously announced exclusion. The product exclusions announced in the notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The…

On December 30, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket Number USTR-2019-0024] regarding the possible extension for up to 12 months of particular exclusions granted in March 2019. Effective July 6, 2018, the USTR imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of…

On December 23, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice announcing USTR’s determination to extend certain exclusions from the additional duties imposed in the Sec. 301 investigation that are scheduled to expire on December 28, 2019. The product exclusion extensions listed in the Appendix to the notice under US note 20(h) to subchapter III of chapter 99 of the HTSUS: (2), (7), (11), (29), (30), and…