On August 6, 2020, the White House issued two (2) Executive Orders (“EO”) banning the popular China-based social media app TikTok and the messaging and electronic payments app WeChat. Both orders are scheduled to take effect in 45 days (approximately September 21, 2020). While a U.S. ban on TikTok, owned by Beijing-based ByteDance Ltd., had been anticipated, especially after India banned the app earlier this year, the EO on Tencent Holding Ltd.’s (“Tencent”) WeChat was not anticipated and has significant potential business ramifications.
U.S. Increases Pressure on Russian Gas Pipelines with Imposition of New CAATSA Secondary Sanctions; Issues New General Licenses for Companies Doing Business with GAZ Group
The U.S. Department of State recently published updated guidance pertaining to Section 232 of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”). The revised guidelines subject energy export pipelines originating from Russia, particularly the Nord Stream 2 and TurkStream pipelines, to secondary Section 232 sanctions (not to be confused with Section 232 of the Trade
USTR Grants Extensions to Products Subject to Section 301 List 1
The Office of the U.S. Trade Representative (“USTR”) announced today that it will extend certain product exclusions scheduled to expire on July 9, 2020 for twelve (12) specific products which were subject to Section 301 List 1 tariffs at a rate of 25%. As a result of these extensions, the exclusion extensions will now expire
BIS Allows U.S. Companies to Work with Huawei on Standards
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a notice in the Federal Register announcing a rule change effective June 18, 2020, which amends the Export Administration Regulations (“EAR”) to allow for the release of certain technology to Huawei Technologies, Co., Ltd. and 114 of its non-U.S. affiliates designated on the
USTR Initiates Section 301 Digital Services Tax Investigations Covering India, the European Union and Several Other Countries
The Office of the U.S. Trade Representative (“USTR”) announced on June 2, 2020 that it is initiating Section 301 investigations on Digital Services Taxes (“DSTs”) adopted or under consideration by Austria, Brazil, Czech Republic, the European Union (“EU”), India, Indonesia, Italy, Spain, Turkey, and the United Kingdom (“U.K.”). The Section 301 DST investigations could lead
BIS Adds 33 Chinese Entities to the Entity List, Citing Human Rights Abuses
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently announced the addition of 32 Chinese companies and 1 Chinese government agency to the Entity List, citing connections to items for military end-use and human rights abuses against Uighur Muslims in the Xinjiang region. The addition of these Chinese entities to the Entity
BIS Extends Huawei TGL While Also Restricting Supply of Foreign-Produced Items to Huawei and Affiliated Entities
On May 15, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced two new rules changes directed at Chinese telecommunications giant Huawei Technologies Co., Ltd. (“Huawei”). As we have previously covered, BIS has named Huawei and 114 of its affiliate companies to its Entity List under the U.S. Export Administration
BIS Announces the Opportunity to Submit Comments in the Section 232 Investigation on Imports of Steel for Electrical Transformers
The Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a Federal Register Notice on May, 19, 2020, inviting comments from interested parties on its investigation regarding the potential expansion of Section 232 tariffs to include imports of steel incorporated into electrical transformers. Comments on the investigation may be submitted on or before June
An Update on Trade Agreements Act Compliance and What “Manufacture” Means
Sorting through domestic preference requirements applicable to government contracts is no simple task. Different agencies like the DOD, FTA, FAA, FHWA, have their own rules applicable to certain programs. Exceptions from those rules can differ when a small business is making the offer. And the rules are subject to change. With the Court of Appeals
DOJ Takes Unusual Step to Submit Comments in Antidumping and Countervailing Duty Investigation on Mattresses from Vietnam, Thailand, Turkey, Serbia, Malaysia, Indonesia, and Cambodia, and China
The Department of Justice (“DOJ”) filed comments in the U.S. International Trade Commission’s (“ITC”) investigation on whether imports of mattresses from multiple countries are causing injury to the domestic mattress industry. The petition was filed on March 31, 2020, and the Commerce Department initiated the investigations on April 22, 2020. In an unusual step, the