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China

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On March 26, 2020, the US Trade Representative (USTR) published in the Federal Register a noticethat announces USTR’s determination to grant certain exclusion requests to the $200 Bn action against certain products from China, as specified in the Annex to the notice, and corrects technical errors in previously announced exclusions. The exclusions are reflected in one 10-digit HTSUS subheading, which covers one exclusion request, and 176 specially prepared product descriptions, which cover 202 separate exclusion…

On March 25, 2020, the US Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register that announces USTR’s determination to grant certain exclusion requests to the $300 Bn action against certain products from China, as specified in the Annex to the notice. : These product exclusions will apply as of September 1, 2019, the effective date of List 1 of the $300 billion action, and will extend…

On March 25, 2019, the US Trade Representative (USTR) will publish in the Federal Register a notice [Docket No. USTR-2020-0014] requesting public comments on possible further modifications to remove duties from additional medical-care products needed to address the COVID-19 outbreak. Section 301 duties have been imposed in four tranches. For each tranche, USTR established a process by which US stakeholders could request exclusion of particular products classified within an eight-digit Harmonized Tariff Schedule of the…

On March 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing the USTR’s determination to grant extensions to certain exclusion requests from the $34 Bn action (Tranche 1). USTR initiated the exclusion process in July 2018 and, to date, has granted ten sets of exclusions. The second set of exclusions was published in March 2019 and will expire in March 2020. On December 30, 2019,…

What has changed? On March 11, 2020, the Congressional-Executive Commission on China (“CECC”) announced new proposed legislation, the Uyghur Forced Labor Prevention Act, co-sponsored by the chairs of the CECC, Rep. Jim McGovern (D – MA) and Sen. Marco Rubio (R – FL), targeting supply chains linked to forced labor in the Xinjiang Uyghur Autonomous Region in China. The Uyghur Forced Labor Prevention Act would establish a rebuttable presumption that all labor occurring in Xinjiang, China,…

On March 17, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a document notifying the public of certain arrival restrictions. The document announces the decision of the Secretary of Homeland Security (DHS) to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the countries of the Schengen Area to arrive at one of the United…

The Office of the United States Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register announcing the USTR’s determination to grant the second set of exclusion requests from the $200 Bn action (Tranche 3). On June 24, 2019, USTR established a process by which US stakeholders could request exclusion of particular products classified within an 8-digit HTSUS subheading covered by the $200 billion action from the additional…

On March 10, 2020, the US Trade Representative (USTR) published in the Federal Register a notice announcing the USTR’s determination to grant the first set of exclusion requests from the $300 Bn action (Tranche 4A), which assessed initial additional duties of 15%, later reduced to 7.5%. On October 24, 2019, USTR established a process by which US stakeholders could request exclusion of particular products covered by List 1 of the $300 billion action (Tranche 4)…

On March 4, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a document notifying the public of certain arrival restrictions. The document adds to the existing restrictions by directing all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the Islamic Republic of Iran to arrive at one of the United States airports where the USG is…

On March 3, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR–2020–0009] requesting comments on whether to extend for a period up to 12 months particular exclusions from List 1 that were granted in the fourth set of exclusions in May 2019, and are scheduled to expire on May 14, 2020. See 84 FR 21389 (May 14, 2019). At this time, USTR is not…