As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets while minimizing political and legal risks by ensuring compliance. To assist you with that task, Mayer Brown’s US-China Trade Monthly provides news and insights related to the latest US developments impacting the US-China bilateral trade relationship. 

In the current issue, we will discuss: (1) the USTR extending 352 reinstated exclusions and 77 COVID-related exclusions; (2) the US Department of State updating its 2021 Xinjiang Supply Chain Business Advisory; and (3) the final CHIPS Act regulations providing insight into "Foreign Entity of Concern" definition for other Acts.

USTR Extends 352 Reinstated Exclusions and 77 COVID-Related Exclusions Through December 31, 2023

On September 6, 2023, the Office of the United States Trade Representative (USTR) announced another extension of more than 400 exclusions from the China Section 301 Tariffs. The USTR has extended these exclusions while it continues to conduct its four-year review of List 1 and List 2 Section 301 tariffs. 

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US Department of State Updates Its 2021 Xinjiang Supply Chain Business Advisory

On September 26, 2023, the US Department of State, together with the Department of the Treasury (Treasury), Department of Commerce (DOC), Department of Homeland Security (DHS), the Office of the US Trade Representative (USTR), and the Department of Labor (DOL), issued an Addendum to the July 2021 “Advisory on the Risks and Considerations for Businesses and Individuals with Exposure to Entities Engaged in Forced Labor and other Human Rights Abuses linked to Xinjiang Uyghur  Autonomous Region, People’s Republic of China.”  

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Final CHIPS Act Regulations May Provide Insight into Definition of a "Foreign Entity of Concern" in the Inflation Reduction Act and the Infrastructure Investment and Jobs Act

On September 25, 2023, the Department of Commerce’s National Institute of Standards and Technology (NIST) issued final regulations1 to implement the Creating Helpful Incentives to Produce Semiconductors and Science Act (the CHIPS Act), which Congress passed in 2022 to incentivize US semiconductor manufacturing. The final rules come after NIST took public comment on proposed rules issued in March 2023 (which we covered in a piece from our US-China Trade Newsletter).

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