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China

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On September 18, 2019, the Office of the US Trade Representative (USTR) posted on its website advance copies of three Federal Register notices granting product exclusions from the Sec. 301 tariffs imposed on products of Chinese origin. USTR’s determination takes into account advice from advisory committees and any public comments on the pertinent exclusion requests. Subsequently, these documents were published in the September 20, 2019 Federal Register. The first notice announces the USTR’s determination to…

On September 9, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) published two Frequently Asked Question (FAQ) documents (available here and here) on the Huawei Entity List and Temporary General License (TGL) and the Huawei TGL Extension (the amended TGL issued on August 21, 2019 is available here). See our blog post on the extension of the Huawei TGL here. The key clarifications made by BIS in the two sets of FAQs include the following: Huawei Entity…

On September 11, 2019, the Customs Tariff Commission issued Announcement [2019] № 6 containing two lists of products excluded from the increased tariffs on certain US products. For products listed on List 1, no retaliatory tariffs will be imposed for one year (from September 17, 2019 to September 16, 2020). Refunds will be issued for tariffs already collected provided that the enterprise applies to Customs within six months from the date of publication of the…

On August 30, 2019, CBP issued CSMS # – UPDATE: Updated Information on Section 301 Trade Remedies to be Assessed on Certain Products of China; Fourth List of Products Subject to the Section 301 Remedy (Tranche 4) printed below in its entirety: This message provides notice of modification to the action being taken in the Section 301 investigation which increases the rate of additional duty from 10 to 15 percent for the products of China…

On August 29, 2019, the Office of the US Trade Representative (USTR) filed a notice for public inspection at the Federal Register office that will be published on September 3* [Docket No. USTR-2019-0015] requesting comments on a proposal to increase the duties from 25% to 30% ad valorem for articles from China covered by tariff actions with an aggregate annual trade value of approximately $250 billion (lists (tranches) 1-3. The products subject to this proposed…

On August 5, 2019, the Trump Administration labeled China a “currency manipulator,” in a move that many called symbolic. From a trade remedies perspective, the decision could mean increased duties on products subject to countervailing duty orders, adding pressure and expense to already burdened imports. Currency manipulation refers to the practice of weakening one’s own currency to improve trade balances by making exports cheaper and imports more expensive. During the 2016 presidential campaign, then candidate…

On August 27, 2019, the Office of the US Trade Representative (USTR) filed a notice for public inspection at the Federal Register office that would modify the notice published in the Federal Register on August 20, 2019 to increase the rate of additional duties on certain goods of Chinese origin with an annual aggregate trade value of approximately $300 billion from 10% to 15% ad valorem. The new notice is scheduled to be published in…

After China announced that it would impose retaliatory tariffs on US goods, President Donald Trump responded, saying on August 23 that would increase rates on existing tariffs on Chinese goods. According to the President’s tweet, Chinese goods that currently have a Sec. 301 tariff of 25% will be increased to 30% and those which are to be subject to a 10% rate beginning September 1 will be subject to 15%. The President said US companies should move…

On August 23, 2019, the Tariff Commission issued Announcement [2019] No. 4, which announced: According to the “Customs Law of the People’s Republic of China”, “The Foreign Trade Law of the People’s Republic of China”, “Regulations on Import and Export Tariffs of the People’s Republic of China” and other basic laws and principles of international law, the Customs Tariff Commission of the State Council decides on 5078 tax items originating in the United States. US$75…

On August 21, 2019, the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket No. USTR–2019–0014; OMB Control Number: 0350–0015] on an existing information collection request (ICR) titled 301 Exclusion Requests. USTR plans to ask the Office of Management and Budget (OMB) to renew approval of the ICR for three years under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations. Comments must be submitted no…