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On November 18, 2020, CBP issued CSMS #44905878 – GUIDANCE: Section 301 Tranche 3 – $200B Action Technical Amendment to Product Exclusion from China,reproduced below: Background On November 13, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 72748, announcing a technical amendment to amend a previously granted exclusion under Section 301 related to goods from China (Tranche 3 – $200B Action). The technical amendment relates to the imposed additional duties announced in 83 FR 47974,…

On November 12, 2020, President Trump signed Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.” This development builds on US Government concerns over China’s civil/military fusion and access to US capital markets and financing.…

Further to our alert on the development of the Regional Comprehensive Economic Partnership (RCEP) negotiation (Link), we would like to share additional details about the RCEP based on the current information available. The RCEP members signed the RCEP on 15 November 2020 during the 37th ASEAN Summit. After the signing, the Thai government shall arrange for a public hearing before presenting to the parliament for ratification. We will keep you updated on this issue if…

On November 15, 2020, the Regional Comprehensive Economic Partnership (RCEP) was signed by China and 14 other nations — the 10 countries of the Association of Southeast Asian Nations (Brunei*, Cambodia, Indonesia, Laos, Malaysia*, Myanmar, Philippines, Singapore*, Thailand and Vietnam*) plus Australia*, China, Japan*, New Zealand* and South Korea. Many of the products for which tariffs are eliminated are already duty-free. [Countries with an * are also signatories to the CPTPP] RCEP was originally proposed…

On November 13, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to make one technical amendment to a previously announced exclusion. As stated in a September 20, 2019 notice, product exclusions will apply from September 24, 2018 to August 7, 2020. The amendments announced in the notice are retroactive to the date the original exclusions were published and do not further…

On October 29, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule (the “final rule”) amending the license review policy under the Export Administration Regulations (EAR) for items controlled for national security (“NS”) reasons when destined to China, Russia, or Venezuela. The amendments add Venezuela to the list of countries to which the policy applies and modify the policy to replace the reference to military capabilities with a new, more nuanced standard…

The Chinese Ministry of Commerce announced that on October 23, the secretariat of the Asia-Pacific Trade Agreement (the “Agreement”) notified all member parties that Mongolia had deposited a letter of acceptance, and completed the Agreement accession procedures, and plans to be in January 2021. On the 1st, mutual tariff reduction arrangements were implemented with relevant members. According to the tariff reduction arrangement, Mongolia will reduce tariffs on 366 tax items, mainly related to aquatic products, vegetables…

From 13 to 17 October 2020, the 22nd Session of the Standing Committee of the 13th National People’s Congress (“NPC”) deliberated on the third review draft (草案三次审议稿) of China’s Export Control Law (“ECL”) before its final passage into law on 17 October 2020. President Xi Jinping issued Presidential Order 58 on October 17 which provides that the new ECL will come into force on 1 December 1, 2020. This is the first comprehensive and consolidated…

On October 19, 2020, the Ministry of Commerce (MOFCOM) announced that the “Export Control Law of the People’s Republic of China” was adopted by the 22nd meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on October 17, 2020. Xi Jinping issued Presidential Order 58 on October 17 which provides that the new Export Control Law will come into force on December 1, 2020.

On October 20, 2020, US Customs and Border Protection (CBP) published in the Federal Register a general notice [CBP Dec. 20-17] that the Executive Assistant Commissioner, Office of Trade, of CBP with the approval of the Acting Secretary of Homeland Security, has determined, pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(f) that stevia leaf (Stevia rebaudiana) extracts, or glycosides classified under subheading 2938.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), that are mined,…