On April 28, 2021, the Ministry of Commerce of China (“MOFCOM”) released an updated version of Guiding Opinion of the Ministry of Commerce on the Establishment of Internal Compliance Mechanism for Export Controls on Exporters of Dual-Use Items (“Order No. 10”) which was first published in August 2007 (“Order No. 69”). As an implementing rule of the Export Control Law (“ECL”), Order No. 10 aims to provide companies with “guidance and reference” in their establishment…

A Crowell & Moring Overview of the Biden Administration’s First 100 Days in Office After 100 days in office, President Joe Biden has made it clear that he is not afraid to go it alone to pursue policy to match his campaign rhetoric and promises. The first 100 days of the administration were marked by a significant number of executive orders, a historic economic stimulus package passed with only Democratic support in Congress, and sweeping…

The China State Taxation Administration (“STA”) recently published its eleventh “China Advance Pricing Arrangement Annual Report (2019)” that summarized the circumstances under which the STA signed advance pricing arrangements (“APA”) and introduced the latest APA regulations and requirements for the implementation of the APA program in China. The report included data for the period from January 1, 2005 until December 31, 2019. In the United States, the Internal Revenue Service’s (“IRS”) Advance Pricing …

In ruling HQ H303881 (April 30, 2021), Customs and Border Protection (CBP) discussed the classification of certain footwear incorporating Nike wearable technology (“Nike Adapt BB” or “Adapt”). The Adapt platform has five primary components: Bluetooth® system-on-chip (SoC) Sensor pack consisting of a gyroscope, accelerometer, and capacitive sensor System and subsystem components including three microcontroller unit (MCU) processors, flash memory and a wireless power receiver Auto-lacing platform with an optical quadrature rotary encoder and a low-resistance,…

On May 5, 2021, Senate Finance Trade Subcommittee Chairman Tom Carper (D-DE), Ranking Member John Cornyn (R-TX), House Ways & Means Trade Subcommittee member Stephanie Murphy (D-FL), and Rep. Adam Kinzinger (R-IL) sent a letter to United States Trade Representative Katherine Tai requesting renewed consideration of the Trans-Pacific Partnership (TPP). In the letter, the group “acknowledge that much has changed in the years since the negotiation of the TPP” and “that any re-engagement in the Asia-Pacific region must also…

The U.K.’s National Security and Investment Bill was enacted into law as the National Security and Investment Act (the “NSI Act”) on 29 April 2021, with the new regime expected to come into force towards the end of this year. Over the coming months the U.K. government is to enact secondary legislation and provide further detail and guidance on the framework created by the NSI Act, including guidance on the regime’s extraterritorial scope and finalised…

Newly proposed legislation by Ohio Sens. Rob Portman (R) and Sherrod Brown (D) takes aim at “country-hopping,” whereby foreign companies shift production to third countries in order to evade U.S. antidumping and countervailing duties (AD/CVDs). The bipartisan “Eliminating Global Market Distortions to Protect American Jobs Act” presented last week is just the latest volley in an ongoing battle by senior U.S. trade officials to counteract China’s expanding Belt & Road Initiative. AD/CVD investigations…