U.S. companies are encountering issues when trying to return faulty products to parties on the Entity List, members said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. The problem occurs after companies legally import goods -- which later turn out to be defective -- from an Entity List party, the members said. The goods are not able to be easily exported for return, they said.

Export Compliance Daily is providing readers with some of the top stories for Dec. 2-6 in case you missed them.

The Commerce Department is considering a host of expanded restrictions on foreign shipments to Huawei containing U.S. technology, said Rich Ashooh, Commerce’s assistant secretary for export administration. The agency is discussing expanding the Direct Product Rule -- which subjects certain foreign-made products containing U.S. technology to U.S. regulations -- and a broadened de minimis rule, Ashooh said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. Ashooh’s comments confirmed details in a Nov. 29 Reuters report that said the U.S. was discussing ways to restrict more foreign exports to Huawei (see 1912040014).

The Commerce Department Bureau of Industry and Security's upcoming set of proposed rules on emerging technologies may not be published until early next year, another sign of the delay that has plagued the rules since Commerce first announced them more than a year ago. Commerce has three emerging technology rule proposals in “various stages of clearance,” Hillary Hess, director of the BIS Regulatory Policy Division, said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. The agency hopes to publish one proposal before the end of the year, Hess said, but urged committee members to take any prediction with “at least a handful of salt.”

Telefonaktiebtolaget LM Ericsson, a multinational telecommunications company based in Sweden, was fined more than $1 billion for violations of the Foreign Corrupt Practices Act, the Justice Department said in a Dec. 6 press release. The penalty, stemming from a scheme to bribe government officials and falsify records, includes more than $520 million in criminal penalties and a $540 million penalty owed to the Securities and Exchange Commission.

Unions appear ready to endorse the changes Democrats won to the NAFTA rewrite, though the most radical change -- stopping goods at the border for labor violations -- isn't in the deal. On Dec. 9, AFL-CIO President Richard Trumka said to The Washington Post, “We have pushed them hard and have done quite well,” in getting changes to the U.S.-Mexico-Canada Agreement. The House Democrats pushed for changes to the USMCA on labor, the environment, the biologics data exclusivity period and overall enforcement. If the AFL-CIO endorses their changes -- as seems likely after Trumka's comment -- passage in the House could follow quickly.

China hopes to reach a trade agreement with the U.S. “as soon as possible,” China said during a Dec. 9 press conference, adding that it plans to reduce import tariffs on industrial goods as part of a series of “guiding opinions” released by the State Council.

The growing complexity of international trade and the increasing use of front companies have made it more difficult to identify end-users and more challenging for enforcement authorities to prosecute illegal exports, according to a December report by The Stockholm International Peace Research Institute. In response, the European Union, and other multistate export regimes, should push for more transparency in penalties for export violations, create a forum for information sharing on national enforcement measures and improve reporting on those measures, the report said. The EU should also adopt “clearer” language on complex export concepts and make “detection, investigation and prosecution” a “key focus” of its industry outreach efforts.

China confirmed it will waive some import tariffs on U.S. soybeans and pork after receiving applications from Chinese companies, according to a Dec. 6 report from Xinhua, China’s state-run news agency. China's Customs Tariff Commission will “dedicate a range of goods” to benefit from tariff exemptions, adding that companies will buy the products through “independent negotiation.” Chinese companies can import U.S. soybeans and pork “as they see fit” and “bear the related profits or losses,” Xinhua said. China released its first batch of tariff exemptions on U.S. goods in September, exempting 16 items (see 1909110051). Soon after, China added certain agricultural products, including pork and soybeans, to the list of exempted goods (see 1909130013).

The U.S. needs to increase “engagement” with China to reach a trade deal, said Sen. David Perdue, R-Ga., adding that the U.S. has stronger, not weaker, trade relationships with its allies since President Donald Trump became president.