Commerce delays effective date of Aluminum Import Monitoring and Analysis System

On January 27, 2021, the International Trade Administration, Department of Commerce published in the Federal Register a document delaying the effective date of a final rule and requesting comments on the “Aluminum Import Monitoring and Analysis System,” from January 25, 2021 until March 29, 2021.

See https://www.govinfo.gov/content/pkg/FR-2021-01-27/pdf/2021-01804.pdf

CBP issued guidance on the UAE Sec. 232 aluminum quotas but then issued CSMS continuing previous procedures after reversal by current Administration

On January 27, 2021, CBP issued CSMS #45967303 – United Arab Emirates Section 232 Aluminum Absolute Quota limits beginning February 3, 2021, to implement Presidential Proclamation 10139. However, on February 1, 2021, President Biden revoked Proclamation 10139 before it was to take effect and restored the 10% duties for aluminum from the UAE. As a result, CBP issued CSMS #46027083 – United Arab Emirates Section 232 Aluminum Presidential Proclamation 10139 REVOKED February 1, 2021, which stated that UAE aluminum imports will continue to be processed as established under Section 232 duty filing.

See https://content.govdelivery.com/bulletins/gd/USDHSCBP-2be514b?wgt_ref=USDHSCBP_WIDGET_2

CBP issued guidance on the UAE Sec. 232 aluminum quotas but then issued CSMS continuing previous procedures after reversal by current Administration

On January 27, 2021, CBP issued CSMS #45967303 – United Arab Emirates Section 232 Aluminum Absolute Quota limits beginning February 3, 2021, to implement Presidential Proclamation 10139. However, on February 1, 2021, President Biden revoked Proclamation 10139 before it was to take effect and restored the 10% duties for aluminum from the UAE. As a result, CBP issued CSMS #46027083 – United Arab Emirates Section 232 Aluminum Presidential Proclamation 10139 REVOKED February 1, 2021, which stated that UAE aluminum imports will continue to be processed as established under Section 232 duty filing.

See https://content.govdelivery.com/bulletins/gd/USDHSCBP-2be514b?wgt_ref=USDHSCBP_WIDGET_2

OFAC Issues General License 1A Concerning Restrictions on Communist Chinese Military Companies and Related FAQs

On January 27, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License 1A, “Authorizing Transactions Involving Securities of Certain Communist Chinese Military Companies,” (“GL 1A”) in relation to OFAC’s Communist Chinese Military Companies (“CCMCs”) sanctions program as implemented pursuant to Executive Order 13959 (“EO 13959”) and amended by Executive Order 13974.  OFAC concurrently published frequently asked questions (FAQs) 878 and 879, which clarify OFAC’s previous guidance on subsidiary entities with names that “closely match” the name of a CCMC.

As with the original GL 1, GL 1A authorizes US persons to engage in all transactions and activities otherwise prohibited by EO 13959 involving publicly traded securities (as well as publicly traded securities that are derivative of, or are designed to provide investment exposure to such securities) of any entity whose name “closely matches, but does not exactly match,” the name of a company on OFAC’s Non-SDN Communist Chinese Military Companies List (“NS-CCMC List”).  This authorization has been extended until 9:30 a.m. eastern daylight time on May 27, 2021 (from the original January 28, 2021 cut-off.)

See:

https://home.treasury.gov/system/files/126/ccmc_gl1a_01272021_1.pdf

https://home.treasury.gov/policy-issues/financial-sanctions/faqs/878

https://home.treasury.gov/policy-issues/financial-sanctions/faqs/879

Commerce publishes interim final rule on Securing the Information and Communications Technology and Services Supply Chain

On January 19, 2021, the Commerce Department published an interim final rule to implement President Trump’s 2019 Executive Order 13873 on “Securing the Information and Communications Technology and Services Supply Chain” (“Interim Rule”).  The Interim Rule was issued following the closure of the public comment period on January 10, 2021 on the proposed rules issued on November 27, 2019 (“Proposed Rules”) to implement Executive Order 13873.  The Interim Rule is being issued in part to allow for a second round of public comment, which will close on March 22, 2021.

See https://www.govinfo.gov/content/pkg/FR-2021-01-19/pdf/2021-01234.pdf

Commerce Publishes Interim Final Rule on Securing the Information and Communications Technology and Services Supply Chain

On January 19, 2021, the Commerce Department published an interim final rule to implement President Trump’s 2019 Executive Order 13873 on “Securing the Information and Communications Technology and Services Supply Chain” (“Interim Rule”).  The Interim Rule was issued following the closure of the public comment period on January 10, 2021 on the proposed rules issued on November 27, 2019 (“Proposed Rules”) to implement Executive Order 13873.  The Interim Rule is being issued in part to allow for a second round of public comment, which will close on March 22, 2021.

See https://www.govinfo.gov/content/pkg/FR-2021-01-19/pdf/2021-01234.pdf

USTR amends product exclusion and product exclusion extension for a certain article from China in Tranche 3 ($200 Bn action)

On January 15, 2021, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the U.S. Trade USTR’s determination to make a technical amendment to a previously granted exclusion and the extension to that exclusion. The product exclusion amendment announced in annex A of the notice will apply from September 24, 2018 to August 7, 2020. The product exclusion extension amendment announced in annex B of the notice will apply from August 7, 2020 and continue through December 31, 2020. The notice does not further extend the period for product exclusions or extensions. CBP will issue instructions on entry guidance and implementation.

See https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2021-00865.pdf

Commerce discontinues policy to issue liquidation instructions after 15 Days in applicable AD/CVD administrative proceedings

On January 15, 2021, Enforcement and Compliance, International Trade Administration (ITA), Department of Commerce, published in the Federal Register a notice announcing that, effective immediately upon publication of the notice, it is discontinuing its policy to issue liquidation instructions in certain segments of antidumping duty (AD) and countervailing duty (CVD) administrative proceedings to US Customs and Border Protection (CBP) 15 days after publication or mailing, whichever applies, of final administrative determinations where no statutory injunction was requested, which was announced on its website August 14, 2002, revised in November 2006, and again modified by an announcement on its website November 9, 2010. Such time frames for AD/CVD administrative proceedings involving subject merchandise from Canada and Mexico were not affected by the 15-day policy.

See https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2021-00884.pdf