Export Compliance Daily is providing readers with some of the top stories for Jan. 27-31 in case you missed them.
The Commerce Department withdrew a proposed rule that would have further restricted foreign sales to Huawei that contain U.S.-origin goods, according to a Jan. 24 report in The Wall Street Journal. Commerce officials withdrew the rule from the Office of Management and Budget after objections from both the Defense and Treasury departments over concerns that the rule could hurt U.S. companies and U.S. national security interests, the report said. The Pentagon specifically voiced concerns that the rule could deprive U.S. companies of an important source of revenue they need for research and development to maintain a technological edge over China, the report said. The rule would have lowered the U.S.-origin threshold on exports to Huawei to 10 percent, but required the State, Commerce, Defense and Energy departments to approve with input from the Treasury, the report said.
The Senate overwhelmingly passed the new NAFTA, though it wasn't by quite as wide a margin as in the House, where more than 95 percent of votes were for the trade pact. The vote, which happened just before the reading of the impeachment articles against President Donald Trump on Jan. 16, was 89-10, with only one Republican voting no. Most of the Democrats who voted no did so because the U.S.-Canada-Mexico Agreement doesn't address climate change.
The Commerce Department is close to publishing a rule that will expand its authority to block shipments of foreign made goods to Huawei, according to a Jan. 14 Reuters report. The rule would lower the U.S.-origin threshold on exports to Huawei to 10 percent, Reuters said, and expand the purview to include “non-technical goods like consumer electronics” and “non-sensitive chips.” Commerce sent the rule to the Office of Management and Budget after an interagency meeting last week, the report said. A top Commerce official recently confirmed the agency was considering a range of expanded restrictions of foreign exports to Huawei, including changes to the Direct Product Rule and a broadened de minimis level (see 1912100033).
Seko Logistics bought Air-City, a New York-based freight forwarder and cross-border e-commerce company, Seko said in a news release. The terms of the deal were not released but Seko said it was its largest acquisition ever. “Air-City will give us immediate depth in the growing westbound airfreight and cross-border ecommerce trade for goods going to China,” Seko CEO James Gagne said. “Air-City also gives us strategic airfreight volumes and expertise into China as the rising demand for US goods increases along with a rising middle class in China. We have also added strength to our U.S. import services with the all-important ‘Section 321’ and Type 86 entries for e-commerce capabilities that are so critical for cross-border ecommerce into the United States as well as a network of bonded warehouses in the United States.”
The U.S.-Mexico-Canada Agreement passed in the House of Representatives with a vote of 385-41, with all but two Republicans and 193 Democrats voting yes. This was the biggest vote for a free trade deal in the House since the Canada Free Trade agreement in 1988, and many of the top Democrats in the House say it will serve as a template for future trade deals. It was a far more resounding “yes” than the original NAFTA vote of 234-200, when just 102 Democrats voted yes.
BOSTON -- If the Commerce Department follows through on plans to expand the limits of the Export Administration Regulations to further control foreign shipments to Huawei, it will have a “dramatic” impact on international supply chains, said Kevin Wolf, a trade lawyer with Akin Gump and Commerce’s former assistant secretary for export administration. The measures, which Commerce confirmed it was considering earlier this month (see 1912100033), include expanding the Direct Product Rule and broadening the de minimis rule to make more foreign-made goods subject to the EAR.
Although the Senate Finance Committee will still have a mock markup on the U.S.-Mexico-Canada Agreement, it will happen after the implementing bill has been sent to Congress, so it will be more “mock” than in past deals. The reason the process of Congress weighing in on a trade deal is a mock markup is that under fast track, or Trade Promotion Authority, Congress cannot amend the deals. But typically, the administration sends up a draft implementing bill, and then does incorporate at least some of Congress's suggestions on language before sending the final implementing bill.
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 United Kingdom’s Department for International Trade on Dec. 5 issued updated guidance on 19 open general export licenses. The guidance documents cover OGELs for chemicals, software and technology for military goods for individual use, dual-use items for oil and gas exploration, military surplus vehicles, goods for deployed U.K. forces, military goods for demonstration, historic military goods, military goods exported for repair or replacement under warranty, information security items, low value shipments, military goods exported for exhibition, dual-use goods exported for repair or replacement under warranty, category C goods, cryptographic development, dual-use goods exported after repair or replacement under warranty, technology for dual use items, small arms and light weapons, PCBs and components for dual use items, and OGEL X.