The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced on Monday, November 18, 2019 the issuance of a new 90-day extension which will allow U.S. companies to continue doing business with Huawei Technologies Co. Ltd. (“Huawei”) under the Temporary General License (“TGL”). BIS did not make any changes to the TGL other
U.S. and China Agree to Gradually Eliminate Tariffs
Doubts over the progress of negotiations between the U.S. and China have been raised today as President Trump announced that the U.S. has not agreed to roll back tariffs as part of an agreement to end the trade dispute, contradicting statements from China’s Ministry of Commerce and several news reports. Based on recent news reports,
USTR Announces Start Date for Section 301 List 4 Exclusion Process
The Office of the U.S. Trade Representative (“USTR”) announced that starting on October 31, 2019, the exclusion process for Chinese imports subject to List 4 Section 301 tariffs of 15% will open and will conclude on January 31, 2020.
Details on the specifics of the application process are to be published in the Federal Register
President Trump Imposes Sanctions Against Turkey for its Syria Offensive
On October 14, 2019, President Trump announced via Twitter his intention to authorize sanctions against Turkey and “any persons contributing to Turkey’s destabilizing actions in northeast Syria.” The announcement followed Turkey’s recent military operation against predominately Kurdish forces in northern Syria, which began following the withdrawal of U.S. troops from the region. Later in the day, President Trump issued an Executive Order (the “Syria-Turkey EO”) to formally implement those sanctions. Under the Syria-Turkey EO:
- The U.S. Secretary of the Treasury is now authorized to impose blocking sanctions on any person that it determines to be: (i) responsible for or complicit in actions that threaten Syrian stability or abuse human rights, (ii) an official or agency of the Government of Turkey, or (iii) operating in sectors of the Turkish economy that the Secretary of Treasury might later decide to target with sanctions. The Syria-Turkey EO also authorizes the Treasury Secretary to impose blocking sanctions on any person (including non-U.S. persons) who provides material assistance, goods or services to or in support of any person sanctioned under the Syria-Turkey EO.
- The U.S. Secretary of the Treasury is authorized to restrict or prohibit foreign financial institutions from opening or maintaining correspondent or payable through accounts in the U.S. if the Treasury Department determines that those foreign financial institutions have knowingly conducted or facilitated any significant financial transaction for or on behalf of any person who becomes subject to the above-described blocking sanctions.
- The U.S. Secretary of State is now authorized to impose menu-based sanctions on any person the Secretary determines to have interfered with peacekeeping and restorative efforts in northern Syria. These authorized menu-based sanctions include (but are not limited to): blocking sanctions, denial of U.S. entry visas and financing-based sanctions.
ITC Opens Miscellaneous Tariff Bill (MTB) Process; Petitions Due by December 10, 2019
The U.S. International Trade Commission (ITC) announced on October 11, 2019 the opening of its system for accepting petitions for tariff relief under the American Competitiveness Act of 2016 (commonly referred to as the Miscellaneous Tariff Bill or MTB). The MTB allows U.S. importers to petition for duty-free or reduced-duty treatment of imported products that
Commerce Adds 28 Chinese Organizations to BIS Entity List
On October 7, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it would add twenty eight (28) Chinese entities consisting of companies, government offices, and security bureaus to the Entity List for engaging in or enabling activities contrary to U.S. foreign policy interests. Similar to the actions taken against
September 2019 Trade Law Update
In Husch Blackwell’s September 2019 Trade Newsletter you’ll find international trade and supply chain updates including presidential actions, U.S. Department of Commerce Decisions, U.S. International Trade Commission Proceedings, U.S. Customs & Border Protection Decisions, Court of International Trade Decisions, Federal Court of Appeals Decisions, and Export Controls and Sanctions.
If you have questions about September’s
August Trade Newsletter: Export Controls and Sanctions
In May of 2019, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliated companies to BIS’s Entity List. These designations prohibit anyone, anywhere
August Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
On August 1, 2019, the CIT remanded Commerce’s remand redetermination in the administrative review of carbon and certain alloy steel wire rod from Mexico. The court found that Commerce’s remand results did not comply with the court’s order and the decision by Commerce to apply a 40.52% AFA-rate to Plaintiff Deacero is unsupported by substantial evidence.
On August 1, 2019, the court sustained Commerce’s remand redetermination in the first administrative review of steel concrete reinforcing bar from Mexico. The CIT found that Commerce’s decision not to collapse six non-producing fixed asset owning companies on remand complied with the court’s order and was supported by substantial evidence. Additionally, Commerce’s reliance on the cost experiences of the collapsed fixed asset owners to value the non-collapsed companies and decision not to apply total or partial facts available with an adverse inference to the respondent were sustained.
August Trade Law Update: U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Magnesium from Israel: On August 5, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
- Fresh Tomatoes from Mexico: On August 7, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 9, 2019, the ITC released the final determinations for both the Antidumping Duty and Countervailing Duty Investigations.
- Vertical Metal File Cabinets from the People’s Republic of China: On August 21, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Glycine from Thailand: On August 21, 2019, the ITC announced in its final determination that it would be terminating the Countervailing Duty Investigation.
- Glycine from Thailand: On August 23, 2019, the ITC announced the final schedule of the final phase of the Antidumping Duty Investigation.
- Acetone from Belgium, Korea, Singapore, South Africa, and Spain: On August 26, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: On August 27, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Steel Trailer Wheels from the People’s Republic of China: On August 28, 2019, the ITC announced in its final determination that imports of the subject merchandise have caused material injury to a U.S. industry.