On June 17, 2020, Team Telecom, the multiagency body that reviews certain Federal Communications Commission (FCC) licensing applications for national security and law enforcement concerns, recommended that the FCC deny the portion of the Pacific Light Cable Network (PLCN) submarine cable system application that would have established a direct connection between the U.S. and Hong Kong, citing national security concerns.  Team Telecom recommended that the FCC approve the portions of the application in so far…

In ruling NY N311797 (June 9, 2020) CBP discussed the classification of a zip line kit from China. The products under consideration are five models of zip line kits which are designed to enable children ages 8 years and older to ride a few feet off the ground as they are propelled by gravity to travel from the top to the bottom of the inclined cable while holding on to the freely moving pulley.  Each…

Crowell & Moring Monthly Webinar Series Tuesday, June 23, 2020 12:00 – 1:30 pm EDT In the past several years, the U.S. government has issued a series of sweeping Executive Orders, policy announcements, and other regulatory and enforcement actions as part of a multi-pronged approach to protect U.S. national interests against the perceived challenges a rising China presents.  To help industry contextualize these actions within the broader framework of the U.S. approach to China, and…

Transfer pricing is a major enforcement priority of China Customs in 2020. In April 2020, China Customs launched a national enforcement action to investigate and audit import transactions between related companies. More than 1000 multinational companies have received notices from China Customs requesting information on their transfer pricing policies and activities. Who will be impacted? China Customs has initially targeted certain industries including companies in the automotive, auto parts, electronics, mechanical, and medical devices industries.…

The Bureau of Industry and Security (BIS) published a final rule in the Federal Register effective June 17, 2020, amending the Export Administration Regulations (EAR) to implement the decisions made at the February 2020 Australia Group Intersessional Implementation Meeting, and those subsequently  adopted pursuant to the group’s procedures. The Australia Group is a multilateral forum consisting of 42 participating countries and the European Union that maintain export controls on a list of chemicals, biological…

In ruling NY N311951 (June 9, 2020), Customs and Border Protection (CBP) discussed the classification of the Hy-Genie No Touch Hand Tool. The tool is flat and made of brass, comprised of 60% copper and 40% zinc.  It measures 3” long, 1” wide, and .1875” thick.  It features a round hole on one end to provide easy access for an index finger, and incorporates a keychain hole that can be used to attach to a…

On May 1, 2020, the Department of Defense Trade Controls (DDTC) issued a Federal Register notice informing companies of the temporary suspension, modification, and exception to several International Traffic in Arms Regulations (ITAR) provisions because of the COVID-19 pandemic. DDTC is now requesting comments from the public regarding the temporary changes announced May 1st, giving companies the opportunity to weigh-in on DDTC policies. The agency is asking commenters to provide feedback on the following topics:…