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

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 Until further notice, GSP eligible goods entered or withdrawn from warehouse need to pay “General” (column 1) duty rates effective, January 1, 2021, 12:00 am.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

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

On December 16, 2020,  US Department of the Treasury delivered to Congress the semiannual Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States. Treasury determined that both Vietnam and Switzerland are currency manipulators.

See https://home.treasury.gov/system/files/206/December-2020-FX-Report-FINAL.pdf

On December 15, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a request for comments and notice of public hearing [Docket Number USTR-2020-0041] for its 2021 review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to US persons who rely on IP protection. Based on this review, the USTR determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

See https://www.govinfo.gov/content/pkg/FR-2020-12-15/pdf/2020-27515.pdf