President Donald Trump's recent expansion of Section 232 steel and aluminum tariffs likely would survive a judicial challenge, particularly in light of the string of cases challenging the Section 232 duties imposed during his first term, trade lawyers told us. Thomas Beline, partner at Cassidy Levy, said Trump's move to eliminate the country-specific arrangements and product exclusions is "likely defensible," since the statute lets the president take any action he deems necessary where an agreement is "not being carried out or is ineffective."
Howard Lutnick, whose nomination advanced out of the Senate Commerce Committee Feb. 2 with a 16-12 vote, told senators from both parties that, despite the president's announcements that he would have "direct responsibilities over the Office of the U.S. Trade Representative," the scope of responsibilities for the USTR won't change, and his agency will coordinate with others working on trade policy.
Auto sector manufacturers and importers will have 425 days to cut Chinese software that enables automated driving systems or enables a vehicle to connect to the outside world at a frequency above 450 MHz from their supply chains, according to a final rule from the Bureau of Industry and Security set to be published Jan. 16.
BIS has completed a round of interagency review for a rule that would finalize its proposed import restrictions on connected vehicles from China (see 2412190021, 2409220001 and 2410290026). The agency sent the final rule to the Office of Information and Regulatory Affairs Dec. 17 and completed the review Jan. 7.
The Bureau of Industry and Security is asking for public comments about how BIS regulations on Chinese-made drones, or Chinese components in drones made elsewhere, should be focused, to mitigate the risk of Chinese sabotage or espionage.
The Office of the U.S. Trade Representative opened an investigation into Chinese manufacturing of legacy (or foundational) semiconductors, "including to the extent that they are incorporated as components into downstream products for critical industries like defense, automotive, medical devices, aerospace, telecommunications, and power generation and the electrical grid."
The Bureau of Industry and Security has submitted a rule for interagency review that would finalize its proposed import restrictions on connected vehicles from China (see 2409220001). BIS said it’s reviewing public comments on the proposal (see 2410290026) and is working to determine “the technologies and market participants most appropriate for regulation.” The agency sent the final rule to the Office of Information and Regulatory Affairs Dec. 17.
The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
The Bureau of Industry and Security completed a round of interagency review for a rule that could lead to new import restrictions on certain drones and drone parts from China and other countries of concern.
Nearly half of U.S. companies surveyed by the Bureau of Industry and Security this year said they didn’t know whether their products contained any Chinese-made, mature-node semiconductors, BIS said in a summary of those survey results released Dec. 6.