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The Court of Appeals for the Federal Circuit has upheld a U.S. Court of International Trade decision to deny a request for a temporary restraining order and a preliminary injunction from the safeguard measure that the U.S. imposed earlier this year on imports of crystalline silicon photovoltaic cells and modules.
President Trump could issue in the next few days an executive order imposing new China-focused export controls on a number of emerging high-tech sectors. A recent White House report asserts that U.S. national and economic security is threatened by China’s use of “economic aggression” to “capture” these industries, including through its “Made in China 2025” industrial policy.
The European Commission adopted June 20 the regulation to implement the European Union’s “rebalancing measures” in response to a June 1 increase in U.S. tariffs on steel and aluminum from EU and other countries. As a result, starting June 22 the EU will impose an additional 25 percent tariffs on a list of products worth €2.8 billion. Affected products include textile, apparel, and footwear items, rice, orange juice, bourbon whiskey, tobacco products, cosmetic products, steel and aluminum products, playing cards, sailboats, and motorcycles.
President Trump is threatening to raise tariffs on another $400 billion worth of goods from China if Beijing retaliates for the 25 percent tariff the U.S. is planning to impose on Chinese products beginning July 6. The Office of the U.S. Trade Representative is publishing this week a formal notice announcing those tariffs, which will affect more than 800 products, and setting forth a schedule for public comment on whether to take similar action on nearly 300 others.
The International Trade Administration, the Bureau of Industry and Security, and the Office of the U.S. Trade Representative would get additional resources to conduct trade enforcement operations in a fiscal year 2019 appropriations bill approved June 14 by the Senate Committee on Appropriations.
Hundreds of goods imported from China will be hit with an additional 25 percent tariff starting July 6 after a Section 301 investigation determined that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are unreasonable and discriminatory. This duty hike could also be imposed on nearly 300 other goods not included in any previous proposal once the Trump administration has completed a public notice and comment process. However, importers will be able to request exclusions from the tariffs for specific products using a process that will be announced in the coming weeks.
An effort to limit the president’s ability to lift a ban on exports to a major Chinese telecommunications company is advancing in the Senate despite the White House’s objections.
Two recent reports conclude that tariffs, quotas, or other trade restrictions that could be imposed in an ongoing section 232 national security investigation of automobiles and auto parts would have net negative impacts on the U.S. economy.
Canada is accepting comments through June 15 on the U.S. products on which additional tariffs should be imposed in retaliation for higher U.S. import duties on steel and aluminum products. Other major U.S. trading partners are preparing to take similar measures.
Effective June 12, U.S. Customs and Border Protection is implementing a mandatory Air Cargo Advance Screening program after running ACAS as a pilot since December 2010. Commissioner Kevin McAleenan has said this program positions CBP to better address e-commerce, which requires the agency to screen an increasing number of smaller cargo shipments and thus presents challenges associated with assessing risk, targeting, and facilitating the movement of goods.
OFAC states that entities should ensure their sanctions compliance teams are adequately staffed, receive sufficient technology and other resources, and are delegated appropriate authority to ensure compliance efforts meet an entity’s risk profile. Such personnel should also be equipped with the tools necessary to review, assess, and proactively address sanctions-related issues that arise with ongoing or prospective transactions, customers, or counter-parties.
A ban on exports to a major Chinese telecommunications company could be lifted soon after the Department of Commerce announced that the company has agreed to a significant fine and extensive compliance requirements.
President Trump is reportedly considering pursuing individual trade agreements with Canada and Mexico amid dimming prospects for concluding talks on a revamped NAFTA.
A U.S. company has entered into a non-prosecution agreement with the Department of Justice and agreed to pay $64.2 million in criminal penalties and disgorgement to resolve charges that it violated the Foreign Corrupt Practices Act.
A California company and its CEO have been assessed a $221,000 civil penalty by the Bureau of Industry and Security to settle a claim that they violated the Export Administration Regulations. BIS is also requiring these two entities to ensure that an unaffiliated third-party consultant with expertise in U.S. export control laws completes two audits of the company’s export controls compliance program.