BIS Adds Huawei and Its Non-U.S. Affiliates to the Entity List, Provides Relief in the Form of a Temporary General License

by adminf • May 23, 2019

If you are a U.S. or non-U.S. supplier of hardware, software or technologies that are subject to the U.S. Export Administration Regulations beware: On May 16th, the Commerce Department’s Bureau of Industry and Security (“BIS”) added Huawei Technologies Co., Ltd. (“Huawei”) and 68 of its non-U.S. affiliates, to the Entity List. Shortly thereafter, on May […]

Expected Increase in Section 301 Tariffs on List 3 Goods from China under Section 301 Will Be Delayed

by Melissa Proctor • February 25, 2019

Over the weekend, President Trump announced via Twitter that the anticipated increase in the Section 301 Tariffs on the List 3 Goods imported into the United States from China will be delayed given the progress being made in the Administration’s ongoing negotiations with China on intellectual property protection, forced technology transfers, agriculture, services,  and currency […]

USTR Ordered to Roll Out a Product Exclusion Request Process for List 3 Goods Subject to Section 301 Tariffs against China

by Melissa Proctor • February 21, 2019

The spending package signed by President Trump on February 15, 2019, directs the Office of the U.S. Trade Representative (“USTR”) to roll out a formal product exclusion request process by March 17, 2019 for the List 3 Chinese-origin goods that are subject to Section 301 tariffs. The USTR previously stated that it would not implement […]

Trump-Xi Jinping Working Dinner at the G-20 Summit Leads to Significant Developments Involving the Section 301 Tariffs and Other Key Trade Issues Involving China

by Melissa Proctor • December 3, 2018

The Trump Administration announced a significant development in the imposition of Section 301 tariffs on more than $200 billion worth of Chinese-origin goods imported into the United States, as well as proposed new trade and the stemming of the flow of Fentanyl into the United States from China. Affected companies should continue monitoring the situation […]

BIS Seeks Public Comments on Identifying and Defining “Emerging Technologies” That Will Be Subject to Future U.S. Export Controls and Foreign Investment Restrictions

by Melissa Proctor • November 26, 2018

On November 19th, the Commerce Department’s Bureau of Industry and Security (“BIS”) published an Advanced Notice of Proposed Rulemaking soliciting public comments with respect to the so-called “emerging technologies” provisions of the recently enacted Export Control Reform Act of 2018 (“ECRA”). Section 1758 of the ECRA requires the implementation of export controls on emerging and […]

And Then There Were Three: The U.S., Mexico and Canada Agree to Sign the New USMCA

by Melissa Proctor • October 2, 2018

Canada just joined the United States and Mexico in agreeing to sign on to a modernized NAFTA, which will become known as the US-Mexico-Canada Agreement (“USMCA”). The U.S. and Mexico entered their agreement a little over a month ago, and there was a concerted push to conclude the agreement (with or without Canada) before Mexican […]

The Game of Chicken Continues – Latest Developments in the Section 301 Tariffs & China

by Melissa Proctor • September 24, 2018

[September 24, 2018] On September 24th, the third set of tariffs imposed against certain Chinese-origin goods valued at $200 billion went into effect. By way of background, the United States has imposed a series of increased tariffs under Section 301 of the Trade Act of 1974 as the result of an investigation into China’s practice […]

USTR Publishes Specific Exclusion Request Process for the List 2 Tariffs against China

by Melissa Proctor • September 19, 2018

[September 18, 2018] Earlier today, the USTR published a Notice and Request for Comments in the Federal Register with respect to the product specific exclusion request process for the Section 301 tariffs that went into effect on August 23, 2018. Interested persons may submit exclusion requests to the USTR until December 18, 2018. Per the […]

List 3 Tariffs under Section 301 Action against China Slated to Take Effect on September 24th

by Melissa Proctor • September 19, 2018

[September 18, 2018]  On September 17th, the USTR issued the final list of items that will be subject to the new set of tariffs to be imposed under the Section 301 action against China. On the same day, the President issued a statement that the new tariffs will go into effect on September 24, 2018. […]

NAFTA Is Dead – Long Live the “U.S. – Mexico Trade Agreement” in Principle?

by Melissa Proctor • August 28, 2018

Today, the Office of the U.S. Trade Representative (USTR) announced that the United States and Mexico reached a “preliminary agreement in principle,” subject to finalization and implementation, to update the North America Free Trade Agreement (NAFTA). The USTR stated that the preliminary accord contains “modern provisions representing a 21st century, high-standard agreement.” The agreement, which will […]