On Tuesday, May 21, 2019, USTR and the Office of Management and Budget (“OMB”) published in the Federal Register a request for comments on the Section 301 exclusion process for Tranche 3 tariffs which were increased from 10% to 25% on May 10, 2019. The notice also included a draft exclusion request form for the List 3 products. The draft exclusion request form includes more data requirements on U.S. and third-party sourcing, overall gross revenue, and on whether the company has applied for and/or received previous exclusion requests. Continue Reading USTR Requests Comments on Section 301 Exclusion Process

Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has published a Temporary General License for specific, limited engagement in transactions with Huawei Technologies Co., Ltd. and its sixty-eight non-U.S. affiliates which were added to the BIS Entity List effective May 16, 2019. (See our previous post here).  The license is intended to allow Huawei and its affiliates to work temporarily with U.S. companies to continue to support current customers, headsets and to release software updates for existing hardware. Continue Reading BIS Issues Temporary General License on Certain Existing Huawei Products

On May 17, 2019, after numerous rounds of negotiations, the United States, Canada, and Mexico issued formal statements on lifting duties on Section 232 steel and aluminum products. While Canada and the U.S. explicitly stated that their respective tariffs would be lifted within the next two days, Mexico has yet to announce how quickly their retaliatory tariffs would end. Continue Reading U.S., Canada, and Mexico to Lift Duties on Section 232 Aluminum and Steel Products

On May 13, 2019, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) announced that it will offer a tariff exclusion process for importers in China that face serious economic or social consequences due to higher tariffs on U.S. goods.   Continue Reading China Offers Tariff Exclusion Process on U.S. Goods

On Wednesday, May 15, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced in a press release that it would add Huawei Technologies Co. Ltd. (“Huawei”) and additional Huawei affiliates to BIS’s Entity List.  BIS’s initial press release stated that this designation would become effective upon its publication in the Federal Register (which is scheduled for May 21, 2019).  However, a copy of the designation action posted in the Federal Register Public Inspection List on Thursday, May 16, 2019 stated that the designation would take effect on its May 16 Public Inspection List display date.  BIS explained that it is making this designation because it determined that “[T]here is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States.”  Among other reasons, BIS specifically cited Huawei’s Superseding Indictment in the US District Court for the Eastern District of New York for violating US sanctions against Iran.

Continue Reading Huawei Targeted by Entity List Designation and Executive Order

On May 16, 2019, the President announced that he would be terminating Turkey’s status as a  beneficiary of specialized treatment pursuant to the U.S. Generalized System of Preferences program (GSP). Continue Reading President Trump Removes GSP Status for Turkey and Reduces Tariff Rate on Turkish Steel

On May 13, 2019, China’s Ministry of Finance announced that it will raise tariffs on $60 billion in U.S. goods, starting on June 1, 2019. This action was taken in retaliation for President Trump’s latest decision to raise tariffs on $200 billion worth of Chinese products from 10% to 25%. Continue Reading China Hits Back With Higher Tariffs on $60B in U.S. Goods

On May 13, 2019, the Office of the U.S. Trade Representative (USTR) released another round of proposed tariffs on Chinese goods worth roughly $325 billion. If these new tariffs come into effect, this would be the fourth round of tariffs in the ongoing and escalating trade war between the two countries. This proposed list of new tariffs came in response to China’s retaliatory tariff increase on $60 billion worth of U.S. products which was in response to the U.S.’s sudden and unprecedented increase of tariffs to 25% on the third round of Section 301 goods which had been in effect since September 24, 2018. Continue Reading USTR Considering 4th Round of Tariffs on Chinese Goods