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Enforcement & Investigations

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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 26, 2020, the Enforcement and Compliance Unit (E&C), International Trade Administration (ITA), Commerce, published in the Federal Register a temporary final rule [Docket No.: 200320-0083] modifying certain requirements for serving documents containing business proprietary information in antidumping and countervailing duty (AD/CVD) cases to facilitate the effectuation of service through electronic means. The goal is to promote public health and slow the spread of COVID-19. These temporary modifications will be in place until May…

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…

USTR has posted an advance copy of a notice to be published in the Federal Register that announces the U.S. Trade Representative’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…

On March 19, 2020, the US International Trade Commission (USITC) published in the Federal Register a notice that it is temporarily waiving and amending certain of the USITC’s rules that require the filing of paper copies, CD-ROMs, and other physical media in section 337 investigations to address concerns about COVID-19. The procedures for the filing of documents, including the provision of paper copies, CD-ROMs, and other physical media in section 337 investigations is not a…

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,…

On March 18, 2020, the Census Bureau advised that in an effort to maintain the health and safety of staff, many US Census Bureau employees will be operating remotely via telework. During this time, Census’ call centers and email inboxes will remain open to assist the trade daily. However, Census will have limited access to physical mail. For those that are submitting a Voluntary Self-Disclosure (VSD) or data request, please send it electronically to the…

The US Treasury Department’s Office of Foreign Assets Control (OFAC) has issued an FAQ providing guidance relating to the provision of humanitarian goods and assistance to Iran in response to the Coronavirus Disease 2019 outbreak there. The guidance summarizes existing legal authorities that may authorize such humanitarian activities, which include: The making of humanitarian donations from the US or by US persons to recipients in Iran (other than to the Government of Iran, persons on OFAC’s SDN…

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…