Exports to China

U.S. export controls are confusing, burdensome and often place U.S. companies at a disadvantage compared with foreign competitors, the American Chamber of Commerce in Shanghai said in an Aug. 29 report.

Export Compliance Daily is providing readers with some of the top stories for Aug. 26-30 in case they were missed.

Almost half of companies that responded to the U.S.-China Business Council's annual survey on the business climate in China said they have lost sales in China since the trade war began. The most common reason is because of retaliatory tariffs on U.S. imports to China, according to these 100 multinational firms based in the U.S. Another third said they lost sales because of U.S. tariffs.

China’s Ministry of Commerce repeated claims that it will retaliate against higher U.S. tariffs, said it opposed new U.S. measures against Huawei and plans to make an announcement involving its so-called unreliable entity list “soon,” spokesman Gao Feng said at an Aug. 22 press conference, according to an unofficial translation of a transcript from the briefing.

Commerce’s Bureau of Industry and Security on Aug. 19 renewed the temporary general license for Huawei and added 46 more of the company’s non-U.S. affiliates to the Entity List, bringing the total number of impacted Huawei affiliates to more than 100.

The White House is delaying decisions on Huawei export licenses after China announced it was suspending purchases of U.S. agricultural products, Bloomberg reported Aug. 8. President Donald Trump announced in June that the U.S. planned to loosen restrictions on Huawei, but that promise was contingent on China increasing U.S. agricultural purchases, Bloomberg said. In an Aug. 1 tweet, Trump said China is not buying enough agricultural goods and announced a 10 percent tariff on $300 billion worth of Chinese goods.

The Treasury’s Office of Foreign Assets Control sanctioned a “network of front companies and agents involved” in procuring enriched uranium for Iran’s nuclear program, Treasury said in a July 18 press release. The entities and people are based in Iran, China and Belgium and worked as a “procurement network” for Iran’s Centrifuge Technology Company, which produces centrifuges in facilities belonging to the Atomic Energy Organization of Iran, Treasury said.

Three trade experts discussing the role of technology in the U.S.-China trade war were split over how and when the two nations will reach a trade deal, with two saying they expect a deal soon and one saying China is willing to wait until a potentially new administration in 2020. But the experts, speaking July 18 during a panel at the Brookings Institution, agreed on one point: If there is a deal, the ban on Huawei Technologies will be lifted.

Rep. Mark Green, R-Tenn., plans to introduce a bill that would increase export controls on additional goods deemed by China to be “core technologies,” and impose sanctions on foreign entities or people who violate those controls, according to a "dear colleague" letter Green sent June 26 to solicit co-sponsors. The bill, which he calls the China Technology Transfer Control Act, would “stop the Chinese military’s acquisition of sensitive American technology,” the letter said. “We should not continue to let China steal American property, only for them to turn around and use it to undermine our national security.”

FedEx filed a lawsuit against the Commerce Department and the Bureau of Industry and Security for imposing export controls it says are “unconstitutional” and “impossible” to comply with, according to court records. The company also said BIS’s Entity List “imposes an overbroad, disproportionate burden on FedEx,” records show. The suit asks the court to stop Commerce from enforcing certain sections of the Export Administration Regulations on FedEx, to declare the EAR “unlawful” and to award FedEx any additional appropriate relief, including “costs and expenses.”