Mayer Brown
US-China Trade

VOLUME 1 | ISSUE 10 | November 2022

Editors' Note

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) USTR soliciting public comment surrounding 301 Tariffs; (2) first-ever enforcement and penalty guidelines from CFIUS; and (3) new US semiconductor-related export controls on China from BIS (article also appears in Chinese).

USTR Solicits Public

USTR Solicits Public Comment in Four-Year Review of Lists 1 and 2 Section 301 Tariffs

On October 12, 2022, the Office of the US Trade Representative (“USTR”) announced the next steps in their statutory four-year review of the Section 301 tariff program on imports from China. USTR announced these steps in response to requests for continuation it received from representatives of domestic US industries. Specifically, USTR is soliciting public comment concerning its July 6, 2018 action (List 1) and August 23, 2018 action (List 2). 


CFIUS Releases First-Ever

CFIUS Releases First-Ever Enforcement and Penalty Guidelines

On October 20, the Committee on Foreign Investment in the United States (“CFIUS”) released its first-ever enforcement and penalty guidelines (“Guidelines”). The Guidelines provide important information about the penalties that CFIUS can impose, the penalty process, and the aggravating and mitigating factors it takes into account when imposing penalties. The release of the Guidelines comes just a few weeks after President Biden issued an executive order directing CFIUS to consider specific risk factors in its review of foreign investments in the United States. 


Sweeping New US

Sweeping New US Semiconductor-Related Export Controls on China


On October 7, 2022, the Bureau of Industry and Security (BIS) published a sweeping set of new export control restrictions targeting China’s ability to engage in a range of activities critical to its procurement, production and maintenance of advanced computing and semiconductor manufacturing. The changes are sweeping in their breadth and reach, and reflect broader fundamental shifts in US export control policy as it relates to China in various areas, including of advanced logic and memory chips and advanced computing technology.

2022 年 10 月 7 日,BIS 发布了一套新出口管制措施,针对中国从事对其先进计算和半导体制造的采购、生产和维护至关重要的一系列活动的能力全面采取限制措施。这些规则所带来的变化兼具深度和广度,反映了美国出口管制政策在与中国相关的各个领域(包括先进逻辑和存储芯片以及先进计算技术)正在发生具广泛意义的根本性转变。



Jing Zhang
Partner, Washington DC
+1 202 263 3385

Jennifer L. Parry
Associate, Washington DC
+1 202 263 3185

Ellen L. Aldin
Associate, Washington DC
+1 202 263 3084


Jing Zhang
Partner, Washington DC
+1 202 263 3385


Duane W. Layton
Partner, Washington DC
+1 202 263 3811

European Union
Nikolay Mizulin
Partner, Brussels
+32 2 551 5967


United Kingdom
Jason Hungerford
Partner, London
+44 20 3130 3084


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