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20-0518 Monday “Daily Bugle”

20-0518 Monday “Daily Bugle”

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Monday, 18 May 2020

  1. Commerce/BIS Extends Temporary General License to Huawei  
  2. DHS/CBP Corrects Revocation of Customs Brokers’ Licenses 
  3. Justice/ATF Stops Participating in CBP Pilot Test of ITDS
  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: (No new postings)
  4. UK DIT Updates Negotiations on the UK’s Future Trading Relationship with the US
  1. Reuters: “China Opposed to Latest U.S. Rules Against Huawei”
  1. Pillsbury: “BIS Amends Direct Product Rule to Target Huawei but Extends Huawei Temporary General License”
  2. Thompson Hine: “Commerce to Further Restrict Huawei’s Access to U.S. Semiconductor Technology and Software; Temporary General License Extended for Final Time”
  1. Monday List of Ex/Im Job Openings: 65 Jobs Available – 15 New Job Listings This Week 
  1. ECS Presents “ITAR/EAR Boot Camp — Achieving Compliance”: 15-17 Sep
  2. FCC Academy Presents June Webinars: “U.S. Export Controls: ITAR, EAR, and FMS”
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here. 
  3. Weekly Highlights of the Daily Bugle Top Stories 
  4. Submit Your Job Opening and View All Job Openings 
  5. Submit Your Event and View All Approaching Events 

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EXIM ITEMS FROM TODAY’S FEDERAL REGISTER

(Source:
Federal Register,
18 May 2020) [Excerpts]
 
85 FR 29610: Final Rule
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: The U.S. Government has decided to extend through August 13, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of May 15, 2020, and substitutes the date of August 13, 2020. In addition, BIS sought public comments regarding future extensions of the Huawei TGL (85 FR 14428, March 12, 2020) and is in the process of reviewing those comments.
* DATES: This rule is effective May 15, 2020, through August 13, 2020. The expiration date of the final rule published on February 18, 2020 (85 FR 8722), is extended until August 13, 2020.

 
* * * * * * * * * * * * * * * * * * * *  

(Source: Federal Register, 18 May 2020) [Excerpts]
 
85 FR 29732: Revocation of customs brokers’ licenses; correction
 
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: Revocation of customs brokers’ licenses; correction.
* SUMMARY: This document corrects six errors in the list of customs brokers’ licenses revoked by operation of law, without prejudice, for failure to file a triennial status report that U.S. Customs and Border Protection (CBP) published in the Federal Register on February 20, 2019. The six errors consist of erroneously identified revocations.
* DATES: As of May 18, 2020, CBP’s records have been corrected to reflect that the licenses were not revoked.

 
* * * * * * * * * * * * * * * * * * * *  

(Source:
Federal Register
, 18 May 2020) [Excerpts]
 
85 FR 29741: Notice
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
* ACTION: Notice.
* SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) announces cessation of its voluntary participation in a U.S. Customs and Border Protection (CBP) pilot test of the International Trade Data System (ITDS) for processing import and export-related ATF forms and data using the Partner Government Agency (PGA) Message Set and the Automated Commercial Environment (ACE). The Border Interagency Executive Counsel (which oversees ITDS implementation) requires each agency to announce the start and cessation of the required pilots. ATF’s participation for the imports and exports requirements were done separately with the imports pilot being completed in 2015. See 81 FR 60022 (August 31, 2016). This notice now concludes ATF participation in the pilot for the exportation requirements. While this notice announces the cessation of the pilot program, CBP has not yet announced the date that filing entries in ACE will be mandatory. The pilot test allowed participating exporters to submit ATF Form 9, Application and Permit for Permanent Exportation of Firearms (Form 9), and additional information to CBP electronically to obtain CBP certification of exportation. During the pilot, CBP validated that information and electronically transmitted export information to ATF to satisfy CBP’s certification requirements.
* DATES: This notice is effective on the date of publication in the Federal Register.

 
* * * * * * * * * * * * * * * * * * * *  

OGS OTHER GOVERNMENT SOURCES

* Commerce/BIS; RULES; Export Administration Regulations:
Amendments to General Prohibition Three (Foreign-Produced Direct Product Rule) and the Entity List; [Pub. Date: 19 May 2020] [PDF]
 
* Commerce/BIS; NOTICES; National Security Investigation of Imports of Laminations for Stacked Cores for Incorporation into Transformers, Stacked Cores for Incorporation into Transformers, Wound Cores for Incorporation into Transformers, Electrical Transformers, and Transformer Regulators; [Pub. Date: 19 May 2020] [PDF]

 
* * * * * * * * * * * * * * * * * * * *  

OGS_a25.
Commerce/BIS: (No new postings)

 
* * * * * * * * * * * * * * * * * * * *  

OGS_a3
6. 
State/DDTC: (No new postings)

* * * * * * * * * * * * * * * * * * * *  

(Source:
UK DIT
, 18 May 2020) [Excerpts]
 
Around 200 negotiators from the UK and the US held the first round of negotiations for a UK-US Free Trade Agreement (FTA) between 5-15 May 2020.
 
More trade is essential if the UK is to overcome the unprecedented challenges posed by Covid-19. New FTAs will be an important factor in facing that economic challenge, providing new opportunities for businesses and entrepreneurs who have faced significant challenges in this difficult period. An FTA with the US can help create opportunities for UK businesses, provide better jobs and boost the economy in every part of the country.
 
Both sides are hopeful that negotiations for a comprehensive trade agreement can proceed at an accelerated pace. Ambassador Lighthizer and I agreed that a second virtual round will take place in the weeks of 15 and 22 June, and that in advance of that negotiating teams will continue their work and meet virtually on a rolling basis, with meetings continuing throughout this week and beyond.
 
Negotiations over the past two weeks were conducted virtually but proceeded efficiently, with UK and US negotiators participating in extensive discussions in nearly 30 different negotiating groups covering all aspects of a comprehensive trade agreement. …
 
Both sides also set out a mutual commitment to creating new opportunities for businesses on both sides of the Atlantic and to delivering benefits for workers, consumers and farmers. This includes the confirmation that both sides will quickly pursue a standalone Small and Medium Enterprises (SME) Chapter and will continue the UK-US SME Dialogue.
 
In the same manner as this negotiating round, discussions in the second round will cover all areas to be included in a Free Trade Agreement.
 
The Government is committed to negotiating a comprehensive agreement with the US and we look forward to making further progress at the next round of negotiations. The Government will make a further statement on progress following the second round of talk.

 
* * * * * * * * * * * * * * * * * * * *  

COM NEWS

(Source: Reuters, 17 May 2020) [Excerpts]
 
China’s commerce ministry said on Sunday it is firmly opposed to the latest rules by the United States against Huawei and will take all necessary measures to safeguard Chinese firms’ rights and interests.
 
The ministry said in a statement that it urges the United States to immediately stop the wrong actions.
 
The Trump administration on Friday moved to block global chip supplies to blacklisted telecoms equipment company Huawei Technologies, spurring fears of Chinese retaliation and hammering shares of U.S. producers of chipmaking equipment. The new rule went into effect on Friday but would have a 120-day grace period.
 
China’s state-run newspaper Global Times, citing an unidentified source, reported that Beijing, in response to the new limits on Huawei, was ready to put U.S. companies on an “unreliable entity list” as part of the countermeasures. …

COM COMMENTARY

TE EX/IM MOVERS & SHAKERS

MS_a1
11.
Monday List of Ex/Im Job Openings: 65 Jobs Available –15 New Job Openings This Week
Source: Events & Jobs Editor)
 
* Arconic; Pittsburgh, PA;
Global Trade Compliance Manager
; Requisition ID: 20000286
 
* Argo AI; Pittsburgh, PA;
Export Control & Logistics Manager
 
* Electus; Hastings, UK;
Senior Trade Compliance Officer
; Requisition ID: 894074_1589537078
 
* Element Materials Technology; Piano, TX;
Operations Manager
; Requisition ID: 2020-5121
 
* Henkel; Rocky Hill, CT;
Global Trade Manager
 
* Intuitive; Mexicali, Mexico;
Classification Senior Analyst
; Requisition ID: 201017; Contact Details:
Beatriz.Barragan@intusurg.com
 
*
Intuitive; Mexicali, Mexico;
Classification Supervisor
; Requisition ID: 201018; Contact Details:
Beatriz.Barragan@intusurg.com
 
* Kimber Mfg; Troy, AL;
Compliance Manager
 
* Nidec; Greater St. Louis, CA;
Trade Compliance Counsel
 
* Nokia; Amadora, Portugal;
Trade Compliance Specialist
; Requisition ID: 200000075B
 
* Price Benowitz; Washington, D.C.,
OFAC Attorney
 
* Sub-Zero Group, Inc.; Fitchburg, WI 
Corporate Manager, Transportation & Trade Compliance
; Requisition ID: CORPO04350
 
* Tektronix; Solon, OH;
Trade Compliance Analyst
; Requisition ID: TEK009158
 
* Timken; North Canton, OH;
Global Trade & Customs Manager
 

* Western Digital; San Jose, CA;
Senior Counsel, Global Trade Compliance
; Requisition ID: JR-0000057302

* * * * * * * * * * * * * * * * * * * *

TE EX/IM TRAINING EVENTS & CONFERENCES

TE_a1
12.
ECS Presents “ITAR/EAR Boot Camp

Achieving Compliance
“; 15-17 Sep
 
*When: 15-17Sep
*Where:
 
Chart House, Annapolis, MD
*Sponsor: Export Compliance Solutions & Consulting (ECS)
*Presenter: Suzanne Palmer, Lisa Bencivenga, Mal Zerden, guest speaker panel
*Register
Here or by calling 866-238-4018 or email

* * * * * * * * * * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * *

EN EDITOR’S NOTES

* Omar Khayyam (18 May 1048 – 4 Dec 1131; was a Persian mathematician, astronomer, philosopher, and poet.)
 – “You know, my friends, with what a brave carouse I made a Second Marriage in my house; favored old barren reason from my bed, and took the daughter of the vine to spouse.”
 

Bertrand Russell (Bertrand Arthur William Russell, 3rd Earl Russell; 18 May 1872 – 2 Feb 1970; was a British philosopher, logician, mathematician, historian, writer, essayist, social critic, political activist, and Nobel laureate.)
  – “Why is propaganda so much more successful when it stirs up hatred than when it tries to stir up friendly feeling?”
  – “The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.”
 
Monday is Pun Day:

I’m glad I know sign language, it’s so handy.
* What’s grey and not very heavy?  Light grey.
* Be suspicious of stairs…they’re almost always up to something.
* In order to spell panda, all you need is p and a.
* Want to hear two short jokes and a long one?  Joke. Joke. Jooooooooke.

* * * * * * * * * * * * * * * * * * * *

 

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.
 
 
 
5 Apr 2019:84 FR 13499: Civil Monetary Penalty Adjustments for Inflation.

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774.

18 May 2020:
85 FR 29610:  
Extension of Temporary General License to Huawei 
 

 

DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   Last Amendment: 24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates.

DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M. Implemented by Dep’t of Defense.

18 May 2016: Change 2: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary here.)  
DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES: 10 CFR Part 810. 

23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110.

15 Nov 2017, 82 FR 52823: miscellaneous corrections include correcting references, an address and a misspelling.

 

DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.

14 Mar 2019: 84 FR 9239: Bump-Stock-Type Devices.

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. 
6 May 2020: 85 FR 26847, Notice (not an amendment) temporarily reducing the registration fee schedule in ITAR 122.3 until April 30, 2021. 

 

 
DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

10 Apr 2020:
85 FR 20158:

North Korea Sanctions Regulations. 

 
 
 
 
USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), Revision 8.

1 Jan 2019: 19 USC 1202 Annex.
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.
 

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