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Enforcement & Investigations

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On May 14, 2020, the US Department of State, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), and the US Coast Guard issued guidance to the private sector aimed at preventing deceptive shipping practices used in sanctions evasion, smuggling, facilitation of terrorism, and other criminal activity (the “Advisory”). The Advisory focuses on tactics recently used by malign actors to evade sanctions and sets out a non-exhaustive list of best practices companies may wish…

On May 27, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice of a request for emergency clearance of an information collection and a request for comments of a new information collection request (ICR) titled Large Civil Aircraft Dispute Portal. To meet the statutory schedule for revisions, USTR must open the Portal on or about June 23, 2020. Upon OMB approval of this emergency clearance request, USTR…

On May 26, 2020, the Bureau of Industry and Security (BIS), published in the Federal Register a notice of inquiry with request for comment [Docket No. 200514–0140] in connection with the exclusion process for Section 232 steel and aluminum import tariffs and quotas. In rendering decisions on requests for exclusions from the tariffs and quotas imposed on imports of steel and aluminum articles, BIS is seeking public comment on the appropriateness of the information requested…

On May 27, 2020, CBP issued CSMS #42837261 – GUIDANCE: Section 301 Tranche 4A – $300B: Fourth Round of Product Exclusions from China (9903.88.47). The operative sections of the message is shown below: Background On May 13, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 28693 announcing the decision to grant the fourth round of certain requested exclusions from the Section 301 duty related to goods covered under List 1 Annex A…

On May 24, 2020, President Trump issued a Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus which restricts and suspends the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. The restrictions do not apply…

On May 22, 2020, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule amending the Zimbabwe Sanctions Regulations to remove a general license that authorizes all transactions involving Agricultural Development Bank of Zimbabwe and Infrastructure Development Bank of Zimbabwe as a result of these entities being removed from OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List). Both banks were delisted in 2016.

The Office of the US Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to this notice, and corrects technical errors in previously announced exclusions. The product exclusions apply as of September 24, 2018, the effective date of the $200 billion action against certain Chinese actions (Tranche 3), and extend to August…

On May 4, 2020, Secretary of Commerce Wilbur Ross announced he will initiate an investigation into whether laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. The decision to launch an investigation under Section 232 of the Trade Expansion Act of…

On May 15, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to extend until December 31, 2020 certain exclusions from the 25% additional duties imposed in the first round [Tranche 1 ($34 Bn.)] of Sec. 301 actions against certain Chinese goods. These exclusions were due to expire on May 14, 2020. Although the Federal Register notice requesting comments on possible extensions stated…