Bureau of Industry and Security (BIS)
On March 24, 2016, BIS published a final rule which created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, re-exports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. On February 24, 2017, the U.S. Government extended the temporary general license until March 29, 2017.
International Trade Commission (ITC)
Following the receipt of a request from the U.S. Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930, the ITC has instituted investigation no. 332-561, Global Digital Trade I: Market Opportunities and Key Foreign Trade Restrictions, for the purpose of preparing the first of three reports requested by the USTR. The Commission will hold a public hearing in the investigation on April 4, 2017. For more information, please see the February 10 Federal Register Notice.
U.S. Customs and Border Protection
On February 15, CBP expanded the period in which post-entry refund claims may be made under certain preference programs as a result of the decision issued by the Court of International Trade (CIT) in Zojirushi America Corp v. U.S.A memorandum was issued by CBP instructing Directors of Field Operations and Center Directors to grant importers the use of the protest mechanism set forth in 19 U.S.C. § 1514 to submit initial post-importation claims for preference programs which are not specifically provided for under the statutory post-importation mechanism of 19 U.S.C. § 1520(d). The memo was a divergence from the original guidance provided by the CBP in 2014 which directed to the ports to reject as non-protestable any initial preference claims made under 19 U.S.C. § 1514.
The memorandum, also requested importers to resubmit those protests that were rejected, as opposed to denied, as non-protestable initial post-importation preference claims made under 19 U.S.C. § 1514 to the appropriate field offices within 180 days of the issuance of the guidance.