CBP issues country of origin marking rules for products of the West Bank and Gaza

On December 23, 2020, US Customs and Border Protection (CBP) published in the Federal Register a general notice (CBP Dec. 2019) that notifies the public that, for country of origin marking purposes, imported goods produced in the West Bank, specifically in Area C under the Israeli-Palestinian Interim Agreement (the Oslo Accords), signed on September 28, 1995, and the area known as “H2” under the Israeli-Palestinian Protocol Concerning Redeployment in Hebron and Related Documents (the Hebron Protocol), signed January 17, 1997, must be marked to indicate their origin as “Israel,” “Product of Israel,” or “Made in Israel.” Goods produced in the West Bank, specifically in Areas A and B under the Oslo Accords and the area known as “H1” under the 1997 Hebron Protocol, must be marked to indicate their origin as “West Bank,” “Product of West Bank,” or “Made in West Bank.” Goods produced in Gaza must be marked to indicate their origin as “Gaza,” “Product of Gaza,” “Made in Gaza,” “Gaza Strip,” “Product of Gaza Strip,” or “Made in Gaza Strip.” Imported goods from any of these territorial areas must not include “West Bank/Gaza,” “West Bank/Gaza Strip,” “West Bank and Gaza,” or words of similar meaning.

See https://www.govinfo.gov/content/pkg/FR-2020-12-23/pdf/2020-28547.pdf

BIS adds a “Military End User List” to the EAR consisting of 102 Chinese and Russian entities

On December 23, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding a new “Military End User List” (MEU List) as supplement no. 7 to part 744 of the EAR. The final rule adds 102 entities to the MEU List, which will consist of Chinese, Russian, and Venezuelan entities that the US Government has determined are “military end users” for purposes of the MEU rule in EAR § 744.21.

See https://www.govinfo.gov/content/pkg/FR-2020-12-23/pdf/2020-28052.pdf

US Commerce removes Hong Kong as a separate designation under the EAR

On December 23, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR), in further implementation of Executive Order 13936 (EO 13936), to remove provisions that provide differential and preferential treatment for exports, reexports, and transfers of items to Hong Kong as compared to China.  As a result of these changes, Hong Kong will be removed as a separate destination on the Commerce Country Chart and in other places in the EAR, which will affect license exception availability and certain licensing policies and requirements for Hong Kong.

See https://www.federalregister.gov/documents/2020/12/23/2020-28101/removal-of-hong-kong-as-a-separate-destination-under-the-export-administration-regulations

BIS adds Chinese multinationals to the Entity List and publishes FAQs about the Huawei FPDP rule

On December 22, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) in the Federal Register adding 77 entities and individuals to the Entity List, including several prominent Chinese multinationals. The Final Rule took effect on December 18, 2020. On the same day, BIS also published FAQs related to its recent expansion of the foreign-produced direct product rule (the “Huawei FPDP Rule”).

See https://www.federalregister.gov/documents/2020/12/22/2020-28031/addition-of-entities-to-the-entity-list-revision-of-entry-on-the-entity-list-and-removal-of-entities

US Government designates the Central Bank of Syria and high-ranking officials in the Syrian Government and issues related FAQs

On December 22, 2020, the US Treasury Department’s Office of Foreign Assets Control (OFAC) formally added the Central Bank of Syria (“CBOS”) to the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) along with certain high-ranking officials in the Syrian government and affiliated entities.  Concurrent with OFAC’s designations, the US State Department (State Department) designated six Syrian individuals pursuant to Section 2 of Executive Order 13894, “Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria.”

See https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201222

https://www.state.gov/syria-sanctions-designations-on-the-anniversary-of-un-security-council-resolution-2254/

BIS adds Chinese multinationals to the Entity List and publishes FAQs about the Huawei FPDP rule

On December 22, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) in the Federal Register adding 77 entities and individuals to the Entity List, including several prominent Chinese multinationals. The Final Rule took effect on December 18, 2020. On the same day, BIS also published FAQs related to its recent expansion of the foreign-produced direct product rule (the “Huawei FPDP Rule”).

See https://www.federalregister.gov/documents/2020/12/22/2020-28031/addition-of-entities-to-the-entity-list-revision-of-entry-on-the-entity-list-and-removal-of-entities

US Government designates the Central Bank of Syria and high-ranking officials in the Syrian Government and issues related FAQs

On December 22, 2020, the US Treasury Department’s Office of Foreign Assets Control (OFAC) formally added the Central Bank of Syria (“CBOS”) to the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) along with certain high-ranking officials in the Syrian government and affiliated entities.  Concurrent with OFAC’s designations, the US State Department (State Department) designated six Syrian individuals pursuant to Section 2 of Executive Order 13894, “Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria.”

See https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201222

https://www.state.gov/syria-sanctions-designations-on-the-anniversary-of-un-security-council-resolution-2254/

CBP issues guidance for GSP expiration on December 31, 2020

On December 21, 2020, CBP issued, CSMS #45244051 – GUIDANCE: Generalized System of Preferences (GSP) Expires effective, December 31, 2020, to inform the Trade that the Generalized System of Preferences (GSP), special program indicator (SPI) “A,” “A+,” and “A*”, will expire on December 31, 2020 if no Congressional legislation is passed to renew the program. Until further notice, GSP eligible goods entered or withdrawn from warehouse need to pay “General” (column 1) duty rates effective, January 1, 2021, 12:00 am. U.S. Customs and Border Protection (CBP) encourages importers to continue to flag GSP eligible importations with SPI “A” during the lapse, starting January 1, 2021.

See https://content.govdelivery.com/bulletins/gd/USDHSCBP-2b25e93?wgt_ref=USDHSCBP_WIDGET_2?utm_source=search.usa.gov&utm_medium=search.usa.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=false

CBP issues guidance for GSP expiration on December 31, 2020

On December 21, 2020, CBP issued, CSMS #45244051 – GUIDANCE: Generalized System of Preferences (GSP) Expires effective, December 31, 2020, to inform the Trade that the Generalized System of Preferences (GSP), special program indicator (SPI) “A,” “A+,” and “A*”, will expire on December 31, 2020 if no Congressional legislation is passed to renew the program. Until further notice, GSP eligible goods entered or withdrawn from warehouse need to pay “General” (column 1) duty rates effective, January 1, 2021, 12:00 am. U.S. Customs and Border Protection (CBP) encourages importers to continue to flag GSP eligible importations with SPI “A” during the lapse, starting January 1, 2021.

See https://content.govdelivery.com/bulletins/gd/USDHSCBP-2b25e93?wgt_ref=USDHSCBP_WIDGET_2?utm_source=search.usa.gov&utm_medium=search.usa.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=false

BIS terminates sec. 232 investigation of Mobile Crane imports

On December 18, 2020, the Bureau of Industry and Security (BIS) published in the Federal Register a notice [Docket No. 201214-0339] announcing that on November 23, 2020, the Secretary of Commerce terminated an investigation under section 232 of the Trade Expansion Act of 1962, as amended, which was initiated on May 19, 2020, to determine whether imports of mobile cranes threatened to impair the national security. Notice of the investigation and a request for public comments was published in the Federal Register on May 26, 2020. The investigation was originally requested in an application submitted by the Manitowoc Company, Inc. (“Manitowoc”) on December 19, 2019.

On September 8, 2020, the BIS received a formal request from Manitowoc to withdraw its application and terminate the investigation. Manitowoc stated that the current economic environment is very different from when Manitowoc submitted the application in December 2019, given the effects of the COVID-19 pandemic. The Secretary of Commerce has evaluated the request to withdraw and has determined that it is appropriate to terminate the investigation.

See https://www.govinfo.gov/content/pkg/FR-2020-12-18/pdf/2020-27863.pdf