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China

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Suppliers to the US Beware: Increased Compliance and Enforcement of Antidumping and Countervailing Duties US tariffs on steel, aluminum, solar panels, and numerous antidumping and countervailing duty (“AD/CVD”) orders on finished and raw input products have put exporters in a bind. On one hand, sourcing and supply chain decisions have become more complex and uncertain. On the other, opportunities have grown for companies in countries that are not subject to certain tariffs or that are…

The Ministry of Commerce of China (MOFCOM) announced on 31 May 2019 that the Chinese government will introduce an “Unreliable Entity List” regime, under which foreign entities or individuals that boycott or cut off supplies to Chinese companies for non-commercial purposes and causing serious damages to Chinese companies would be listed as “Unreliable Entities”. The specific rules, including the list itself and the restrictive measures applicable to the listed entities, will be separately released in the near future. This new regime may…

On May 31, 2019, USTR posted a notice stating that USTR will post a Federal Register notice that extends the amount of time certain goods exported from China have to enter the United States before they will be subject to an additional tariff increase from 10 percent to 25 percent. On June 10, 2019, USTR published the Federal Register notice extending the time for covered products that were exported from China to the United States…

On June 4, 2019, the US Trade Representative (USTR) published a notice in the Federal Register announcing USTR’s determination to grant additional exclusion requests, as specified in the Annex to the notice. USTR will continue to issue decisions on pending requests on a periodic basis. The product exclusions announced in this notice will apply as of the July 6, 2018 effective date of the $34 billion action, and will extend for one year after the…

The Ministry of Commerce of China (MOFCOM) announced on 31 May 2019 that the Chinese government will introduce an “Unreliable Entity List” regime, under which foreign entities or individuals that boycott or cut off supplies to Chinese companies for non-commercial purposes and causing serious damages to Chinese companies would be listed as “Unreliable Entities”. The specific rules, including the list itself and the restrictive measures applicable to the listed entities, will be separately released in…

On June 3, 2019, an advance copy of a Federal Register notice from the US Trade Representative (USTR) to be published on June 4, was made available for public inspection. The notice announces USTR’s determination to grant additional exclusion requests, as specified in the Annex to the notice. USTR will continue to issue decisions on pending requests on a periodic basis.

On May 31, 2019, US Trade Representative (USTR) posted a notice stating that USTR will post a Federal Register notice that extends the amount of time certain goods exported from China have to enter the United States before they will be subject to an additional tariff increase from 10 percent to 25 percent. Covered products that were exported from China to the United States prior to May 10, 2019 will remain subject to an additional…

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…