Ian Cohen

As the U.S. tries to convince allies to adopt similar export controls against China (see 2210270047 and 2210070049), some trading partners have voiced concerns over the U.S.’s strategy, saying they would rather have worked on crafting restrictions alongside the U.S. as opposed to having controls forced upon them, a Commerce Department official said.

The House this week will look to impose a labor deal on the rail industry in a bid to avoid a looming strike that could cause widespread disruptions to supply chains. The effort, announced by Speaker Nancy Pelosi, D-Calif, came hours after President Joe Biden urged lawmakers to adopt the tentative agreement between labor unions and rail companies from September (see 2209150012) “without any modifications or delay” to “avert a potentially crippling national rail shutdown.”

Congress needs to act to help prevent a looming major rail strike that could disrupt freight movement and back up supply chains, more than 400 trade associations said in a Nov. 28 letter to congressional leadership. The letter, signed by the U.S. Chamber of Commerce, the National Customs Brokers & Forwarders Association of America, the Agriculture Transportation Coalition and others, said the “uncertainty” surrounding a potential rail disruption “has created enormous anxiety” in the industry.

Semiconductor companies are still awaiting licensing decisions on their chip-related activities involving China under the U.S.’s new export controls, with some concerned that licenses awarded to their competitors could hurt their revenue. In earnings calls and filings with the Securities and Exchange Commission this month, U.S. chip and technology companies said they continue to prepare for drops in sales to China and that they fear Chinese customers may soon replace them with alternative suppliers, causing some U.S. companies to permanently lose their market share in China.

The State Department’s Directorate of Defense Trade Controls this week temporarily suspended export license requirements for certain capacitors on the U.S. Munitions List. The suspension, valid for six months from Nov. 21, could allow DDTC to better “facilitate” commercial transactions involving the capacitors, including for the energy exploration and aviation sectors.

The U.S. needs to provide universities with clearer guidance on what types of research activities they can conduct and share with China, the Massachusetts Institute of Technology said in a report this week. The report, authored by MIT’s China Strategy Group, said U.S. schools face challenges managing outside “pressures” while also “preserving open scientific research,” which risks damaging American research abilities and chilling technology collaboration.

The U.S. needs to abandon the current model of multilateral export control regimes and move toward control agreements with smaller groups of allies in specific technology areas, said Liza Tobin, the National Security Council’s former China director. Tobin, speaking during an Emerging Technology Technical Advisory Committee meeting last week, also said the U.S. should look to impose technology-specific controls on items destined to China rather than end-use- and end-user-based controls, which are proving increasingly ineffective.

The Los Angeles and Long Beach ports again postponed by one month a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Nov. 18. The ports had planned to begin imposing the fee a year ago, in November 2021, but postponed it each week until July 29, when the ports announced their first one-month postponement (see 2207290053). The latest one-month extension delays the effective date until Dec. 16.

U.S. liquified natural gas export capacity will grow by about half over the next few years as countries increasingly turn away from Russian energy supplies, Geoffrey Pyatt, the State Department’s assistant secretary for energy resources, said last week. Pyatt predicted Russia will “never” recover its share of the global energy market and the transition away from Russian fuel will ultimately benefit U.S. and allied traders, including those operating in the emerging renewable energy sector.

The Bureau of Industry and Security’s new Unverified List policies, which allow the agency to move a company from the UVL to the Entity List if it can’t complete an end-use check within 60 days, likely will lead to an uptick in companies added to the Entity List, said Nazak Nikahtar, former acting BIS undersecretary. Nikakhtar said she believes many Chinese companies added to the UVL won’t participate in an end-use check that meets the U.S.’s standards.