The Commerce Department is close to publishing a rule that will expand its authority to block shipments of foreign made goods to Huawei, according to a Jan. 14 Reuters report. The rule would lower the U.S.-origin threshold on exports to Huawei to 10 percent, Reuters said, and expand the purview to include “non-technical goods like consumer electronics” and “non-sensitive chips.” Commerce sent the rule to the Office of Management and Budget after an interagency meeting last week, the report said. A top Commerce official recently confirmed the agency was considering a range of expanded restrictions of foreign exports to Huawei, including changes to the Direct Product Rule and a broadened de minimis level (see 1912100033).
The Senate overwhelmingly passed the new NAFTA, though it wasn't by quite as wide a margin as in the House, where more than 95 percent of votes were for the trade pact. The vote, which happened just before the reading of the impeachment articles against President Donald Trump on Jan. 16, was 89-10, with only one Republican voting no. Most of the Democrats who voted no did so because the U.S.-Canada-Mexico Agreement doesn't address climate change.
China agreed to purchase a range of U.S. goods as part of the phase one deal signed Jan. 15, totaling about $200 billion worth of U.S. goods and services over the next two years. The deal covers a long list of agricultural products -- including pork, beef, processed meats, dairy and seafood -- along with increased Chinese imports of U.S. rice, energy products and $120 billion in purchases of U.S. manufactured goods this year.
Export Compliance Daily is providing readers with some of the top stories for Jan. 6-10 in case you missed them.
The Treasury Department’s final regulations for the Foreign Investment Risk Review Modernization Act made several changes to the proposed rules based on public comments and provided more clarity about FIRRMA’s “excepted foreign states” concept. But Treasury did not provide a more specific definition for “critical technologies” despite several requests from industry.
The U.S., the European Union and Japan should do more to align their export control regimes and cooperate on new export control measures to defend against Chinese mercantilist trade practices, the Information Technology & Innovation Foundation said in a Jan. 13 report. The three parties should schedule “formal meetings” to discuss export controls, saying previous discussions have been too “limited in scope. They should be broader given the changing nature of China’s pursuit of advanced technology.”
The Treasury Department released final regulations for the Foreign Investment Risk Review Modernization Act of 2018 on Jan. 13, along with a fact sheet and a set of frequently asked questions. The regulations, which will take effect Feb. 13, grant expanded authorities to the Committee on Foreign Investment in the U.S. Treasury said the final regulations made several changes to the agency’s proposed regulations, released in September (see 1909180018), including defining additional terms and introducing an interim rule for a new definition of “principal place of business.”
President Donald Trump issued an executive order expanding U.S. sanctions authority against Iran and the Treasury Department announced a series of new Iran sanctions, including measures against senior Iranian officials, metal companies and a vessel. The executive order grants the U.S. the authority to impose a series of new primary and secondary sanctions against people and companies involved with Iran’s construction, mining, manufacturing and textiles sectors, Treasury Secretary Steven Mnuchin said during a Jan. 10 press conference. While the executive order only mentioned those four sectors, additional Iranian sectors may be sanctioned, Mnuchin said.
China’s Commerce Ministry criticized the U.S. Commerce Department's decision to place export controls on geospatial imagery software (see 2001030024) and said the U.S. export control system will harm U.S. companies. U.S. export controls, which are scheduled to be imposed on a range of emerging technologies (see 1912160032), will also cause global market uncertainty, China said.
The contracting parties to the Harmonized System Convention approved the 2022 edition of the Harmonized System, the World Customs Organization said in a news release. “The HS serves as the basis for Customs tariffs and for the compilation of international trade statistics in 211 economies (of which 158 are Contracting Parties to the HS Convention),” it said. The new HS2022, which comes into force Jan. 1, 2022, “makes some major changes to the Harmonized System with a total of 351 sets of amendments covering a wide range of goods moving across borders,” the WCO said.