“Facts are facts,” and "the international community will not be fooled by the lies” of Secretary of State Mike Pompeo, said a Chinese Foreign Affairs Ministry spokesperson Friday. Pompeo accused the Chinese government Thursday of subjecting women to “forced abortion, forced sterilization, and involuntary implantation of birth control devices” as part of its campaign “against Uyghurs and members of other minority groups.” He further accused the Chinese Communist Party of continuing to use “censorship and arbitrary detentions to crack down on the freedoms of expression and association of China’s women’s rights advocates.” Pompeo’s allegations are “completely unfounded,” said the ministry spokesperson. “The Chinese government protects the rights and interests of all ethnic minorities in equal measure, with preferential population policies toward minority groups, including Uyghurs.” Women in the U.S., “in direct contrast,” still face “systemic, prevalent and institutional discrimination and threat,” and are “21 times more likely to die” from gun violence than women in other “high-income countries,” he said. The State Department didn’t respond to questions.

The Section 301 lawsuits are an important check on the government's imposition of tariffs despite the recent claims of a domestic industry group, a customs lawyer told us. Kenneth Rapoza, an industry analyst with the Coalition for a Prosperous America, had disparaged lawyers representing companies challenging Lists 3 and 4 of the Section 301 tariffs (see 2009300028). "Importers and Exporters, Domestic Producers and the population at large have a right to expect proper federal enforcement of Trade Laws," said Simon Gluck lawyer Chris Kane in an email and on LinkedIn Thursday. "Attorneys play an indispensable role in seeing that happens. In the last BIG case, attorneys protected the rights of U.S. exporters, including the members of Mr. Rapoza’s employer, to retrospective refunds of and prospective dispensation from the Export Harbor Maintenance Tax all the way to U.S. Supreme Court and thereafter. That’s how it works in our legal system," he said.

The Coalition for Prosperous America, supporting Trade Act Section 301 tariffs on China, complained Tuesday about the "cadre of legal firms" suing the Trump administration over tariffs on goods from Lists 3 and 4A (see 2009220027). "The equivalent of tariff ambulance chasers" recruited the companies to file the lawsuits, blogged Kenneth Rapoza. The analyst mentioned Sandler Travis, which said in a recent client notice there's still time to file similar challenges, and noted the role of Sandler Travis lawyer Lenny Feldman as co-chair of the Customs and Border Protection's Commercial Customs Operations Advisory Committee. The blog post highlighted Akin Gump, which filed the first lawsuit, for being the largest lobbying operation in Washington and representing ZTE. The law firms didn't comment Wednesday.

State Department final guidance expands on the initial definition of human rights due diligence and offers red flags and due diligence considerations for exporting surveillance technology. The department didn't significantly narrow its definition for surveillance items despite industry requests. It deleted a suggestion that companies incorporate a “kill switch” to remotely deactivate a device if a company is concerned it's being misused. Information Technology and Innovation Foundation comments last year warned a kill switch could be used for “censorship or other negative purposes.” Snooping tech can be misused if exported to “foreign government end-users or private end-users that have close relationships with governments that do not demonstrate respect for human rights,” State said Wednesday. The U.S. restricts shipments to China over the country’s mass surveillance and detention of ethnic minorities in the Xinjiang.

Comments are due Oct. 6 at the International Trade Commission on the Tariff Act Section 337 import ban Q3 Networking seeks on routers, controllers and other networking products from Arris, Aruba Networks, CommScope, Hewlett Packard Enterprise, Netgear and Ruckus Wireless, said Monday’s Federal Register. Q3's Sept. 22 complaint (login required) in docket 337-3493 alleges the products infringe four patents on data encryption, transmission and network management protocols. Excluding the products won’t harm U.S. consumers through “increased price or reduced availability of alternative products,” said Q3. An import ban would “serve the public interest” by enforcing U.S. intellectual property rights and “protecting the public from unfair competition,” it said. None of the proposed respondents commented Tuesday.

The U.S. and U.K. signed an artificial intelligence R&D agreement, announced the White House Office of Science and Technology Policy Friday. The agreement will involve regulatory recommendations, coordinated programming for research and promotion of AI R&D focused on “fundamental advances and challenging technical issues such as explainability and fairness,” OSTP said. “America and our allies must lead the world in shaping the development of cutting edge AI technologies and protecting against authoritarianism and repression,” said U.S. Chief Technology Officer Michael Kratsios. The joint declaration was released during the inaugural Special Relationship Economic Working Group meeting. It provides a “welcome counterweight to China’s growing power” with AI, said Policy Analyst Hodan Omaar of the Information Technology and Innovation Foundation's Center for Data Innovation.

Intel got U.S. export licenses to supply certain products to Huawei, emailed an Intel spokesperson Wednesday. There are increased U.S. restrictions against the Chinese technology company, including Commerce Department Bureau of Industry and Security August revisions to the foreign direct product rule that were intended to block Huawei’s ability to access U.S. technology (see 2008170043). A BIS spokesperson said the agency doesn't comment on licensing.

Comments are due Oct. 2 at the International Trade Commission on the Tariff Act Section 337 import ban that Philips seeks on Hisense, LG and TCL TVs; Dell, HP and Lenovo laptops and monitors; and Intel, MediaTek and Realtek components, says Thursday’s Federal Register. Philips’ Friday complaint (login required) in docket 337-3492 alleges the PC brands and TV makers infringe four patents on “secure authenticated distance measurement” for digital video delivery content protection. The chipmakers are accused of violating two of the patents. Philips’ ITC action mirrors complaints it filed in U.S. District Court in Wilmington, Delaware, against the tech companies a day earlier. The finished products identified as infringing goods in all the complaints were sold through Best Buy, Walmart and other big-box retailers. Proposed respondents didn't comment Wednesday.

The Office of Foreign Assets Control fined Comtech Telecommunications $894,111 for exporting warrantied satellite equipment and providing services and training to the Sudan Civil Aviation Authority, OFAC said. The settlement mandates bolstering its sanctions compliance program, including more frequent risk assessments, stricter internal controls and improved compliance training. From June 2014 to October 2015, Comtech indirectly exported the equipment and “facilitated ongoing telephone support” and training despite knowing the ultimate customer was under sanction by the U.S., OFAC said: Company affiliates signed a sales agreement with a Canadian satellite communications equipment manufacturer that was procuring the equipment for a Sudanese end user. The resolution will strengthen "Comtech’s compliance program," said CEO Fred Kornberg. "Trade compliance has been, and will continue to be, a top priority.” The company didn't comment further Friday.

More than a dozen classifications of tech goods from China eligible for "preferential" tariff treatment under the U.S.-Mexico-Canada Agreement on free trade remain subject to applicable Trade Act Section 301 tariffs, Customs and Border Protection ruled. It's dated last Friday and was released by CBP this week. "The country of origin of the subject goods for purposes of Section 301 is China and therefore, subject to the Section 301 duties," said CBP. The goods include hard drives, modems, switchers, routers and power supplies.