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After a investigation of eight companies across the four countries, Commerce found that five of the eight companies investigated are attempting to bypass U.S. duties by doing minor processing in one of the Southeast Asian countries before shipping to the United States.  Commerce  announced Friday that certain Chinese producers are shipping their solar products through Cambodia, Malaysia, Thailand, and/or Vietnam for minor processing in an attempt to avoid paying antidumping and countervailing duties (AD/CVD). 

Republican leaders from the House and Senate wrote Commerce Secretary Gina Raimondo urging her to repudiate negotiations with the PRC on Export Controls before her visit to the country later this month. Rep. Mike Gallagher (R-WI) Chair of the House Select Committee on the Chinese Communist Party,  Rep Michael McCaul (R-TX) Chair of the House Foreign Affairs Committee, Senator Bill Hagerty (R-TN), Ranking Member of the Senate Banking Subcommittee on National Security and International Trade and Finance, and Rep Young Kim (R-CA) Chair of the House Foreign Affairs Subcommittee on the Indo-Pacific wrote a letter to Ms. Raimondo after press reports indicated she is considering joining the Chinese government in a "working group" on the topic after her trip to China later this month. 

Monday, the White House released final guidance to boost the use of American-made goods in infrastructure projects. The final guidance will support implementation of the Bipartisan Infrastructure Law’s (BIL) statutory requirements that manufactured products, construction materials, and iron and steel used in federally funded infrastructure projects are Made in America. Several trade groups expressed reservations about the effectiveness of the BABA Rules, noting the demands are more rigorous than those found in federal contracting, and do not take in account construction supply chains.

While staffers from the other China Committee recover from their CoDel to New Guniea, the U.S.-China Economic and Security Review Commission will hold a hearing Monday, August 21, on "China's Current Economy: Implications for Investors and Supply Chains" starting at 9:30 a.m. ET. Agenda indicates the first two hours will address China's Economy, with the trade discussion beginning at 11:20 AM.  Livestream on the commission's web page.

Despite its emphasis on control of emerging technologies and climate resilience, the Administration's National Intelligence Strategy makes no mention of the role of the Commerce Department in its formulation or execution. Director of National Intelligence Avril D. Haines last week released the 2023 National Intelligence Strategy (NIS), which provides strategic direction for the Intelligence Community (IC) over the next four years, calling for redoubled efforts in economic statecraft, industrial actions and climate analysis. “The NIS is a foundational document for the IC and reflects the input of leaders from each of the 18 intelligence elements, as it directs the operations, investments, and priorities of the collective,” said Ms. Haines.    No Commerce Department elements are included in the definition of “Intelligence Community,” according to the report.

The Administration Thursday pulled the trigger on establishing a dispute settlement panel under the US-Mexico-Canada Agreement challenging Mexico’s ban on biotech corn. At issue is Mexico’s February 13, 2023 decree, banning the use of biotech corn in tortillas or dough, and the instruction to Mexican government agencies to gradually substitute the use of biotech corn in all products for human consumption and for animal feed.

The Bureau of Industry & Security published an advisory opinion on the release of licensed technology to employees of the foreign subsidiary while on temporary work assignment at the home office.  No additional deemed export license is required for these employees, while any new “technology” or “software” that is either “released” to those employees in the United States or created in the United States that is not authorized by the existing BIS license would require a new export license or other authorization from BIS.

Treasury’s Office of Foreign Assets Control (OFAC) is taking further action related to the Government of Russia’s poisoning of Russian opposition politician Aleksey Navalny three years ago on August 20, 2020.  The State Department is also announcing related sanctions. Today, OFAC sanctioned four Russian nationals, all of whom were involved in the poisoning of Navalny. They were designated pursuant to the Sergei Magnitsky Rule of Law Accountability Act of 2012 for having acted as agents of or on behalf of a person in a matter relating to extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals seeking to expose illegal activity carried out by officials of the Government of the Russian Federation.  

The Export-Import Bank of the United States (“EXIM”) has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million, for the …

Consistent with U.S. commitments as a participating country in the Nuclear Suppliers Group, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL). These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs).

China has accused the United States of transforming from a defender to a “destroyer” of the multilateral trading system in a report on US compliance with its World Trade Organization commitments. In the report, Beijing laments Washington’s continued resort to “unilateralism, protectionism and bullying hegemonism, which has brought severe shocks to the multilateral trading system,” destabilizing the global economy.

The Treasury Department targeted a major Russian business association for sanctions, along with prominent members of Russia’s financial elite, as well as a Russian business association. The Russian Association of Employers the Russian Union of Industrialists and Entrepreneurs is a Russia-based organization involved in the technology sector of the Russian Federation economy.

House Select Committee on the Chinese Communist Party Chairman Mike Gallagher (R-Wisc) and Rep. Don Beyer (D-Va) introduced legislation giving Congress a say in the use of the Section 232 national security law. The bill (HR 5188) would require the President to submit to Congress any proposal to adjust imports in the interest of national security under Section 232. The two lawmakers previously introduced the measure in the last Congress

New Agriculture Department Deputy Secretary Xochitl Torres Small will lead the first-ever US agribusiness trade mission to Luanda, Angola from November 28 through December 1. “Angola is one of the largest markets in Africa, and with imports making up more than half of its food market, Angola is a perfect location for US exporters to introduce more American-made products to African consumers.”

Treasury’s Office of Foreign Assets Control (OFAC) today announced a $660,594 settlement with Construction Specialties Inc, a Lebanon, New Jersey manufacturer and distributor of specialty architectural products.  CS has agreed to settle its potential civil liability for three apparent violations of OFAC sanctions on Iran that arose from its United Arab Emirates subsidiary’s, Construction Specialties, Middle East L.L.C. (“CSME”), exportation of U.S. origin goods to Iran.  

  A World Trade Organization (WTO) dispute settlement panel has ruled that China acted inconsistently with its WTO obligations by imposing additional duties on specific imports from the United States (US). These duties were in response to the Section 232 duties that the US adopted in 2018 for steel and aluminum products. "China’s use of the WTO dispute settlement system to challenge the U.S. Section 232 national security actions has caused grave systemic damage to the WTO, said Sam Michael of the US Trade Representative's Office.

Arizona-based First Solar released findings from a third party audit of their Malaysia facility, highlighting unethical practices involving foreign migrant workers. The report details the actions taken by First Solar to address the issues, emphasizing the company's commitment to transparency and responsible solar energy development.

Wednesday August 16, the State Department announced sanctions on a number of Russian and Russian-related individuals and entities, including: 75 individuals and 44 entities as well as identified 22 vessels as blocked property, the Deputy Minister of Justice and two others, and 24 Individuals and companies linked to Tobacco Magnate Igor Kaseyev.

For Review and Approval; Comment Request; Simple Network Application Process and Form Number(s): BIS-748P, BIS-748P-A, BIS-748P-B. Public comments were previously requested via the Federal Register on June 12, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments

The Office of Trade, Trade Policy and Programs, has developed a brief instructional video for first-time drawback filers on how to file a claim in ACE.

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