Recent Trade Compliance News

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

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

OFAC issues Hong Kong Sanctions Regulations

On January 15, 2021, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule  adding regulations (31 C.F.R. Part 585) to implement Executive Order (E.O.) 13936 of July 14, 2020. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy.

See https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2021-00926.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

OFAC issues FAQs clarifying restrictions on purchasing securities of certain Chinese companies

During the first two weeks in January, the Office of Foreign Assets Control (OFAC) published a series of FAQs related to Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “CCMC EO” or the “EO”). That EO aimed to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.”

See https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/5671