As the four-year review of Section 301 duties continues, the Office of the U.S. Trade Representative (USTR) stated last week that the Biden administration will be extending tariff exclusions through May 31, 2024. These exclusions, listed in the USTR’s index, were set to expire on December 31, 2023, but the administration chose to extend
China
BIS Expands Export Administration Regulations, Adds 13 Entities to Unverified List
On December 19, the Bureau of Industry and Security (“BIS”) added 13 new entities to its Unverified List (“UVL”). All 13 of these entities were added under the destination of the Peoples’ Republic of China (“PRC”) on the basis that BIS was unable to verify their bona fides.
The UVL contains the names and addresses…
DHS adds three Chinese entities to UFLPA Entity List
On December 8, the Department of Homeland Security (“DHS”) announced the addition of three People’s Republic of China (“PRC”)-based companies to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List as part of the ongoing effort to eliminate forced labor practices in U.S. supply chains. The addition of these three entities—COFCO Sugar Holding Co. Ltd…
In Major Win for Multinationals, China Proposes to Ease Restrictions on Cross-Border Data Transfers
On September 28, 2023, the Cyberspace Administration of China published the draft Provisions on Regulating and Promoting Cross-Border Data Flows (“Draft Provisions”) for public consultation, demonstrating that China is trying to strike a balance between enhancing data security and promoting data-driven economic growth. Multinational companies with cross-border data transfers involving China are recommended to revisit…
USTR Further Extends Section 301 Tariff Exclusions to Allow More Time for Four-Year Review
The Office of the United States Trade Representative (“USTR”) announced on September 6, 2023 the further extension of 352 reinstated exclusions and 77 COVID-related exclusions from the Section 301 tariffs on imports from China. These exclusions, which cover a variety of products ranging from machinery components to medical equipment, constitute the only remaining active exclusions…
Catch Up Fast: The “Data Days” of Summer in China
The summer has been anything but slow in the People’s Republic of China. China is leaning into its regulation of emerging technologies, while attempting to strike a balance with its domestic economic priorities. In just the past few weeks, state authorities have issued a slew of draft measures and announced new initiatives – all with…
Commerce Concludes Controversial Investigation Into Solar Panels From China
On August 18, the U.S. Department of Commerce concluded an investigation it launched early last year on solar cells and modules from the People’s Republic of China (PRC). Commerce provided its conclusions in a Federal Register notice, highlighting that five specific Chinese companies are shipping Chinese-origin solar products to certain Southeast Asian countries for…
Mandatory Notifications (and Potential Prohibitions) on Outbound Investment in China Ahead?
On July 25, 2023, the Senate overwhelmingly approved a measure to add mandatory notifications of certain investments in China to the National Defense Authorization Act (“NDAA”). The Outbound Investment Transparency Act, authored by Senators John Cornyn (R-TX) and Bob Casey (D-PA), would require U.S. companies to notify the government of investments in certain Chinese sectors…
U.S. Department of Commerce Designates 43 entities to Entity List
On Monday, June 12, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added 43 new entities under 50 entries to its Entity List. This list includes 31 entities in China, as well as entities located in Kenya, Laos, Malaysia, Pakistan, Singapore, South Africa, Thailand, the United Arab Emirates, and the United Kingdom.
Legislation on Higher Tariffs on China Seeks to Reduce U.S. Trade Deficit
The Raising Tariffs on Imports from China Act was introduced by Senator Josh Hawley (R-Mo.) and aims to increase tariffs on imports from China until the United State’s bilateral trade deficit returns to balance. In tandem with this legislation, Senator Hawley is pushing for debt limit talks to focus on the reduction of the trade…