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On November 13, 2019, the US Trade Representative (USTR) published in the Federal Register a notice (previously posted as an advance copy) that announces USTR’s determination to grant certain exclusion requests, as specified in the annex to the notice from the additional duties on goods of China with an annual trade value of approximately $200 billion (Tranche 3) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related…

On November 13, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 191105-0076] that amends the Export Administration Regulations (EAR) by adding twenty-two entities, under a total of thirty-two entries, to the Entity List. These twenty-two entities have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on…

On November 8, 2019, CBP issued CSMS #40564257 – GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China. It is reproduced below: BACKGROUND On October 28, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 57803 announcing the decision to grant the third round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China…

On November 12, 2019, US Customs and Border Protection (CBP) will publish in the Federal Register a notice [Docket No. USCBP-2019-0042] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 4, 2019, at the Ronald Reagan Building in Washington, D.C. The meeting will be open to the public to attend either in person or via webinar. Agenda: The COAC will hear from the current subcommittees on the topics…

On October 21, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to further restrict exports and reexports of items to Cuba (“the Amendment“). According to BIS, the Amendment was made to further restrict the Cuban government’s access to items subject to the EAR, thereby supporting the US government’s national security and foreign policy decision to hold the Cuban regime accountable for its repression of the Cuban people…

On November 1, 2019, US Customs and Border Protection (CBP) announced that it has issued a withhold release order on tobacco from Malawi and products containing tobacco from Malawi. The products will be detained at all US ports of entry. CBP issued the WRO based on information collected by the agency that reasonably indicates the tobacco from Malawi is produced using forced labor and forced child labor. According to CBP’s press release on the subject,…

On 1 November 2019, a WTO arbitrator issued a decision on the level of countermeasures that China may request with respect to the United States in the case “United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China” [DS 471].  DS 471 found that the US calculation of anti-dumping duties on 25 different Chinese products was not in accordance with the WTO agreements. Specifically, the WTO struck down the US use of…

On October 25, 2019, USTR announced that President Trump is suspending $1.3 billion in trade preferences for Thailand under the Generalized System of Preferences (GSP) based on its failure to adequately provide internationally-recognized worker rights. In addition, the President is restoring some GSP benefits for Ukraine following its passage of legislation aimed at addressing shortcomings in its intellectual property (IP) regime. USTR also announced it is opening new GSP eligibility reviews for two countries:  South…

On October 31, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2019-0019] (previously posted on USTR’s website as an advance notice), which invites public comment on whether to extend for up to twelve months particular exclusions granted in December 2018 that are set to expire on December 28, 2019. The comment period will open November 1, 2019 at noon EDT. To be assured of consideration,…

On October 31, 2019, the US Trade Representative announced that President Trump notified Congress and the Government of Cameroon of his intent to terminate the eligibility of Cameroon for trade preference benefits under the African Growth and Opportunity Act (AGOA), as of January 1, 2020, due to persistent gross violations of internationally recognized human rights. Based on the results of the required annual AGOA eligibility review, the President determined that Cameroon engages in gross violations…