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On November 13, 2019, the US Trade Representative (USTR) published in the Federal Register a notice (previously posted as an advance copy) that announces USTR’s determination to grant certain exclusion requests, as specified in the annex to the notice from the additional duties on goods of China with an annual trade value of approximately $200 billion (Tranche 3) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related…

On November 8, 2019, CBP issued CSMS #40564257 – GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China. It is reproduced below: BACKGROUND On October 28, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 57803 announcing the decision to grant the third round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China…

On 1 November 2019, a WTO arbitrator issued a decision on the level of countermeasures that China may request with respect to the United States in the case “United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China” [DS 471].  DS 471 found that the US calculation of anti-dumping duties on 25 different Chinese products was not in accordance with the WTO agreements. Specifically, the WTO struck down the US use of…

On October 31, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2019-0019] (previously posted on USTR’s website as an advance notice), which invites public comment on whether to extend for up to twelve months particular exclusions granted in December 2018 that are set to expire on December 28, 2019. The comment period will open November 1, 2019 at noon EDT. To be assured of consideration,…

On 23 October 2019, the WTO announced that at an informal meeting of the WTO’s Government Procurement Agreement (GPA) Committee, China introduced to the parties to the GPA its sixth revised market access offer in the context of its negotiations to join the GPA. The revised offer was circulated to GPA parties on 21 October. Chairman Carlos Vanderloo of Canada called this “a very significant development” and the parties also welcomed China’s revised offer while…

On October 24, 2019, the Office of the US Trade Representative (USTR) posted on its website an advance copy of a notice to be published in the Federal Register granting additional product exclusions from the $200 billion action (List 3/third tranche) assessing Sec. 301 tariffs imposed on products of Chinese origin. As set out in the Annex to the notice, the exclusions are reflected in 83 specially prepared product descriptions, which cover 95 separate exclusion…

On October 24, 2019, the Office of the US Trade Representative (USTR) will publish in the Federal Register a notice [Docket No. USTR 2019-0005] (which had been posted on October 21 on its website as an advance copy) establishing procedures by which US stakeholders may request an exclusion from Tranche (List) 4 additional tariffs on certain products of China with an annual aggregate trade value of approximately $300 billion. The notice announces that USTR will…

On October 9, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) added 28 Chinese entities to the Entity List because they are accused by the US Government of being associated with human rights violations and abuses against Uighurs, Kazakhs, and other members of Muslim minority groups in the Xinijiang Uighur Autonomous Region (XUAR). All exports, reexports, or in-country transfers of items (i.e., goods, software, technology) subject to the Export Administration Regulations (EAR),…

On October 11, 2019, President Trump met with Chinese Vice Premier Liu He at the White House and announced the United States and China had come to “a very substantial phase one deal” that will probably take three to five weeks to put into writing. According to the President, the interim agreement includes intellectual property, financial services and an agricultural deal involving the purchase of $40 to $50 billion worth of agricultural products annually [compared…

On October 2, 2019, the Office of the US Trade Representative (USTR)published in the Federal Register a notice granting additional product exclusions from $34 billion action (List 1/first tranche) assessing Sec. 301 tariffs imposed on products of Chinese origin. The notice (which had been previously posted on USTR’s website on September 27) covers additional exclusions for 92 specially prepared product descriptions, which cover 129 separate exclusion requests from the $34 billion action. USTR said it …