The Trump Administration has encountered further setbacks in its efforts to prevent Chinese company ByteDance Ltd. (“ByteDance”) from providing its popular social media app TikTok in the U.S.  For background:

  • On August 6, 2020, President Trump issued Executive Order 13942 (“EO 13942”) which: (i) determined that ByteDance’s ownership of TikTok threatened U.S. national security, and

President Trump issued an Executive Order (“E.O.”) on November 12, 2020 titled “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.”  The E.O., which will be published in the Federal Register on November 17, 2020 and will take effect on January 11, 2021 at 9:30 eastern standard time, designates thirty one (31)

On November 10, 2020, the U.S. Department of Commerce (“Commerce”) announced the initiation of antidumping (“AD”) and countervailing duty (“CVD”) investigations on Utility Scale Wind Towers from India, Malaysia, and Spain (Spain is AD only). The petitioners in this case are the Wind Tower Trade Coalition. See our previous post summarizing the petition for details

The European Union (EU) has imposed additional tariffs on approximately $4 billion worth of U.S. goods, after a World Trade Organization (WTO) decision last month authorized proportionate retaliation against the U.S. for its subsidies to Boeing.  According to the European Commission’s (EC) Implementing Regulation (“the Regulation”), published in the Official Journal of the European Union

In a November 3, 2020 letter, U.S. Trade Representative (“USTR”) Robert E. Lighthizer requested that the International Trade Commission (“ITC”) “monitor and investigate imports of strawberries and bell peppers” pursuant to section 332(g) of the Tariff Act of 1930.  Section 332 is a provision that allows USTR to ask for a fact-finding investigation by the

Under the Export Control Reform Act of 2018 (“ECRA”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) is authorized to establish controls on the export, reexport or in-country transfer of “emerging and foundational technologies.”  On August 27, 2020, BIS issued an advance notice of proposed rulemaking, requesting comments on the definition

On November 2, 2020, the White House released a notice continuing the national emergency with respect to Sudan declared in Executive Order 13067 of 1997.  Secretary of State Mike Pompeo issued a press statement clarifying that the United States is continuing certain Sudan-related sanctions pursuant to obligations to the United Nations (“UN”), but that the

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final rule effective October 29, 2020 amending Section 742.4(b)(7) of the Export Administration Regulations (“EAR”) to revise the license review policy for items controlled for National Security reasons (“NS items”) destined for the People’s Republic of China (“China”), Venezuela, or the Russian

On November 3, 2020, Commerce announced in the Federal Register  the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties.  In addition to administrative reviews, Commerce has included an opportunity to request a new suspension agreement proceeding pertaining to certain cut-to-length carbon steel plate from Ukraine.

In Husch Blackwell’s October 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • U.S. and Brazil updated Agreement on Trade and Economic Cooperation (ATEC) to increase transparency and combat corruption
  • The WTO ruled that the EU can impose up to $4 billion in tariffs on U.S.