The government is considering how quickly it can get through a legislative fix to U.S.-Mexico-Canada Agreement implementation provisions that allow for duty refunds on post-importation preference claims, but not a refund of merchandise processing fees, said Maya Kumar, director of textiles and trade agreements at CBP. She said on May 22 that CBP officials “do not think that was the intent of the law.” Kumar, who was speaking at the National Association of Foreign-Trade Zones virtual conference, said that if it's at all possible, CBP would like to see that fixed by Congress before USMCA's entry into force July 1. “We’re trying to work with [the office of the U.S. Trade Representative] as well as Congress and see how quickly they can do that,” she said.

The Bureau of Industry and Security is adding 33 companies and governmental bodies to the Entity List for their roles in military and proliferation activities and human rights abuses in China’s Xinjiang province, BIS said May 22. The two agency press releases do not mention an effective date.

A new law being considered by China’s National People's Congress could trigger U.S. export controls and cause the U.S. to revoke Hong Kong’s special customs status, said Jude Blanchette, a China expert at the Center for Strategic and International Studies. The new national security law, which is expected to be proposed during China’s current NPC session, would criminalize “treason, sedition and secession,” Blanchette said, and will likely cause the U.S. to enact measures under the Hong Kong Human Rights and Democracy Act, which passed in November 2019 (see 1911290012).

The Trump administration is still considering sanctioning India over purchases of Russian missile defense systems, a top State Department official said. Alice Wells, principal deputy assistant secretary of state for South and Central Asia, said there remains widespread support both within the administration and in Congress for sanctioning buyers of Russian military goods, adding that India needs to choose either U.S. or Russian military equipment, but cannot have both.

Three senators are concerned the U.S.’s deal with the Taiwan Semiconductor Manufacturing Company (see 2005150033) may disadvantage U.S. chip companies through unfair subsidies and could allow China access to sensitive technologies. In a May 19 letter to the Commerce and Defense departments, Senate Minority Leader Chuck Schumer, D-N.Y., and Sens. Patrick Leahy, D-Vt., and Jack Reed, D-R.I., urged the administration to stop all negotiations with TSMC regarding plans to build a U.S.-based chip factory. The senators said they have “serious questions” about how the deal, announced last week, aligns with the U.S’s strategy of diversifying its semiconductor supply chain away from China.

The Treasury Department issued a proposed rule to modify mandatory declaration requirements for certain transactions involving critical technologies. Under the rule, transactions would require a declaration if the critical technology would normally be subject to a U.S. export license. This would be a change from certain declaration requirements for the Committee on Foreign Investment in the U.S. outlined under a 2018 pilot program, which based those decisions on whether the transactions met criteria established by the North American Industry Classification System.

The Commerce Department’s Bureau of Industry and Security is preparing to issue several additional export controls over emerging technologies and is finalizing a long-awaited advance notice of proposed rulemaking for foundational technologies, BIS officials said. The emerging technology controls will be released “within the next few weeks,” an official said, while the foundational technology ANPRM will soon be sent for interagency review and for feedback by technical advisory committee members before being publicly released.

Export Compliance Daily is providing readers with some of the top stories for May 11-15 in case you missed them.

China said it will take countermeasures to respond to increased U.S. export restrictions against Huawei, calling the changes an “abuse of export controls” and a violation of international trade laws. The restrictions, which place a license requirement on shipments to Huawei for foreign-made chips containing U.S. content, are a “serious threat” to China’s chip industry and supply chains, China’s Commerce Ministry said May 17, according to an unofficial translation. The ministry did not specify what the countermeasures will entail, but state media said China is considering placing U.S. companies on its so-called unreliable entity list and stopping purchases of aircraft from Boeing (see 2005150058).

The Commerce Department amended its direct product rule, increasing restrictions on foreign-made chips exported to, and made by, Huawei and its affiliates, the agency said in a May 15 interim final rule. Commerce also said it does not expect to issue another temporary general license extension for the Chinese technology company after its latest 90-day renewal expires Aug. 13.