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USTR Targets Vietnam in New 301 Investigations – Submit Request to Testify by Dec. 10

Co-Authored by Sharath Patil

 USTR’s Tougher Stance on Vietnam

 The Trump administration has begun to exercise a tougher stance against Vietnam. The United States Trade Representative (“USTR”) initiated two Section 301 investigations against the Southeast Asian country on October 2, 2020. The focus of the two investigations are Vietnam’s acts, policies, and practices related to (1) the valuation of its currency, and (2) Vietnam’s importation and use of illegal timber. The news of USTR’s launch of these dual investigations came days before the U.S. Census Bureau’s latest trade data release – which indicated that the U.S. trade deficit in goods with Vietnam is at record levels, registering at $42.7 billion in the 8 months of data available for 2020. This skyrocketing trade deficit is relevant to U.S. trade policy towards Vietnam because one of President Trump’s key economic pledges was to lower the U.S. trade deficit with trading partners. A well-documented pattern of transshipment of goods from China through Vietnam to avoid U.S. Section 301 duties towards China could also explain Vietnam being targeted.

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White House Releases National Strategy for Promoting and Protecting Critical Technologies

Co-Authored by Sharath Patil

White House Releases Critical Technologies Report

Last month, the White House released a landmark report titled the “National Strategy for Critical and Emerging Technologies.” The report outlines how the United States will promote and protect our competitive edge in fields such as artificial intelligence, energy, quantum information science, communication and networking technologies, semiconductors, military, and space technologies.

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Due to Pandemic, BIS Providing Six-Month Export License Extensions

Co-Authored by Sharath Patil

BIS’ Announcement

Last month, the U.S. Commerce Department’s Bureau of Industry & Security (“BIS”) announced that it is providing six-month extensions for export license applications due to economic difficulties associated with the COVID-19 pandemic. As a result of this announcement, BIS is permitting exporters to request six-month validity period extensions for licenses due to expire on or before December 31, 2020. BIS accepts all submission requests in one central electronic mailbox: LicenseExtensionRequest@bis.doc.gov. When a party submits a license extension request, BIS will review the original license and (in most cases), extend the validity of the license by six months. BIS estimates that the majority of extension validity requests will be processed and approved within two to three business days. Acting Under Secretary for Industry and Security Corden Hull said, “The streamlined process will help ensure that exporters with licenses due to expire on or before the end of 2020, who may not have been able to ship orders due to resource constraints during the pandemic, have the opportunity to benefit fully from the authorizations granted on their licenses.”

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The Importance of Regular Export Compliance Training for your Business

What’s Export Compliance?

Boundless opportunities exist for U.S. businesses when they export their products and services to foreign markets. In fact, over 95% of the world’s consumers are located outside of the United States. However, the vast export opportunities must be tempered by your duty to diligently and effectively comply with U.S. export control laws under the U.S. Department of Commerce’s Export Administration Regulations (“EAR”) and the U.S. State Department’s International Traffic in Arms Regulations (“ITAR”).

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President Calls for Greater Enforcement Against Counterfeit Imports

What Happened

On October 13, 2020, President Trump issued a Presidential Memorandum on stopping counterfeit trafficking on e-commerce platforms. The memorandum called for U.S. Customs and Border Protection (“CBP”) to “impose the maximum fines and civil penalties permitted by law on any e-commerce platform that directs, assists with, or is in any way concerned in the importation into the United States of counterfeit goods.” Furthermore, the memorandum also called for:

  • CBP to continue seizing counterfeit goods imported into the United States in connection with e-commerce transactions
  • Congress to pass laws that clarify and strengthen the president’s authority and increase its resources to address e-commerce-linked counterfeit trafficking
  • The U.S. Attorney General to develop a legislative proposal to promote the policy objectives of the memorandum within 120 of its publication

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