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Enforcement & Investigations

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On January 22, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2020-0037] that USTR has determined that Vietnam’s acts, policies, and practices related to currency valuation, including excessive foreign exchange market interventions and other related actions, taken in their totality, are unreasonable and burden or restrict US commerce, and thus actionable under Section 301. Under section 303 of the Trade Act, the U.S. Trade…

On January 22, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-02] that amends CBP regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Kingdom of Morocco (Morocco). These restrictions are being imposed pursuant to an agreement between the Government of the United States and the Government of Morocco that has been entered into under the authority of the…

On January 21, 2021, the Office of the US Trade Representative (USTR) published in the Federal Register individual determinations regarding whether the Digital Services Taxes (DST) of Austria, Spain and the United Kingdom are actionable pursuant to Section 301 of the Trade Act of 1974. Austria: USTR has determined that Austria’s DST is unreasonable or discriminatory and burdens or restricts US commerce and thus is actionable under Section 301. Based on information obtained during…

On January 15, 2021, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the U.S. Trade USTR’s determination to make a technical amendment to a previously granted exclusion and the extension to that exclusion. The product exclusion amendment announced in annex A of the notice will apply from September 24, 2018 to August 7, 2020. The product exclusion extension amendment announced in annex B of the notice…

On 10 January 2021, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) promulgated the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Blocking Rules”), which came into effect the same day. The Blocking Rules were formulated in accordance with the PRC National Security Law, and aim to (amongst others) counteract the impact on Chinese companies and citizens caused by unjustified extra-territorial application of foreign legislation and other relevant measures…

On January 7, 2021, the US Trade Representative (USTR) announced that the tariff action in the Section 301 investigation of France’s Digital Services Tax (DST) will be suspended. The additional 25% ad valorem tariffs on certain products of France were announced in July 2020, and were scheduled to go into effect on January 6, 2021. The USTR has decided to suspend the tariffs in light of the ongoing investigation of similar DSTs adopted or under…

On January 12, 2021, the Office of the US Trade Representative (USTR) published in the Federal Register individual determinations regarding whether the Digital Services Taxes (DST) of India, Turkey and Italy are actionable pursuant to Section 301 of the Trade Act of 1974. India: USTR has determined that India’s DST is unreasonable or discriminatory and burdens or restricts US commerce and thus is actionable under Section 301. Based on information obtained during the investigation,…

On January 11, 2021, US Customs and Border Protection (CBP) issued CSMS #45453497 – GUIDANCE: Revision of Section 301 Action: Enforcement of U.S. World Trade Organization Rights in Large Civil Aircraft Dispute, which is provided below: The purpose of this message is to provide notice of the United States Trade Representative’s (USTR) determination to revise the list of products subject to additional duties under the Section 301 Large Civil Aircraft (LCA) remedies, imposing additional 15…

On January 8, 2021 the Department of State published in the Federal Register an update [Public Notice 11296] to its List of Restricted Entities and Subentities Associated With Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). The Department of Commerce’s Bureau of Industry and Security (BIS) generally will deny applications to export or reexport items for use by entities or subentities on the Cuba…

On January 8, 2021, the Department of State published in the Federal Register a notice [Public Notice 11297] updating the list of Participants eligible for trade in rough diamonds under the Clean Diamond Trade Act of 2003 (Public Law 108-19; the “Act”) and Section 2 of Executive Order 13312 of July 29, 2003, and their respective Importing and Exporting Authorities, revising the previously published list of July 5, 2019, to reflect the addition of the…