Here is a recap of the latest customs and international trade law news:     

Customs and Border Protection (CBP) 

  • CBP issued guidance regarding an Office of the U.S. Trade Representative (USTR) Section 301 China Conforming Amendment.
    • The guidance focuses on one previously reinstated Section 301 exclusion, replacing HTSUS classification 2929.90.5090 with HTSUS classification 2929.90.5095, effective Jan. 1, 2024.
  • Details regarding this CBP guidance are available here.
  • CBP issues important reminder on the importation of flowers and other greenery ahead of Mother’s Day.
  • EAPA case update: Case 7853: Just About Foods LLC – Notice of initiation of investigation and interim measures.

Department of Commerce

  • Commerce has revoked some licenses that allowed companies including Intel and Qualcomm to ship chips to Chinese telecom equipment maker Huawei. 

U.S. Department of Treasury

  • Treasury imposes nearly 300 new sanctions to evade Russia’s military-industrial base.

U.S. State Department

  • The State Department issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) that would include a license exemption to support defense trade between the U.S. and two of its closest allies—Australia and the U.K. 

Office of Foreign Asset Control (OFAC)

  • OFAC issued an interim final rule to amend the Reporting, Procedures and Penalties Regulations to require electronic filing of certain submissions to OFAC and to describe and modify certain reporting requirements related to blocked property and rejected transactions. 
  • OFAC announced the formal launch of the new sanctions list service (SLS) application. SLS is now the primary application OFAC will use to deliver sanctions list files and data to the public.

Bureau of Industry and Security (BIS)

  • BIS issued a final rule which created a new license exception for Medical Devices (MED) exported or reexported to or within Russia, Belarus, and the Crimea region of Ukraine.  

Department of Justice

  • Leader of scheme to traffic in fraudulent and counterfeit networking equipment sentenced to prison.

Food and Drug Administration

  • FDA issues final guidance to clarify “remanufacturing” of devices that need maintenance or repair.

U.S. Census Bureau

  • The Census Bureau published a blog discussing the importance of freight forwarders filers to provide EEI that is complete and accurate, as well as the importance to make corrections to EEI when errors have occurred. 

Congress

  • Members of the Ways and Means Committee sent a letter to President Biden demanding the Administration complete the review of Section 301 China tariffs.
  • The Congressional-Executive Commission on China (CECC), convened a hearing examining social compliance auditing and certifications of factories and supply chains in China. 
    • The hearing was intended to shine a light on the abuses of third-party social audits and certifications in the PRC, and to determine what additional steps need to be taken to uncover human rights violations and labor abuses in supply chains in China.

Industry News

  • The U.S. Chamber of Commerce published a blog, “USTR Must Get Serious About Protecting Intellectual Property Rights.” The blog points out USTR’s failure to mention key shortcomings of several countries’ IP frameworks in the agency’s recent Special 301 report.

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