Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

USTR published Federal Register notice 2026-11291 on June 5, 2026, opening a public comment period through July 10, 2026 (rebuttals by July 27, 2026) on the scope and operation of a proposed US-China Board of Trade — a standing government-to-government mechanism to manage bilateral trade in non-sensitive goods through reciprocal tariff modifications. The notice flows from commitments made at the May 15-17, 2026 Trump-Xi Beijing Summit and marks the first institutionalised bilateral trade-management architecture between the US and China. The Board of Trade would identify eligible products on each side and agree to modify tariffs on an equal-value basis, with regular meetings to monitor trade flows and update product lists. This is a process-initiation step (notice of inquiry); no tariff change or binding measure is enacted by this notice.

China's Ministry of Industry and Information Technology (MIIT) Raw Materials Industry Division opened a 30-day public consultation on 28 April 2026 on the Administrative Penalty Discretion Standards Table operationalising the State Council's Rare Earth Management Regulation (Order No. 785, in force 1 October 2024). The draft sets a tiered fines schedule for breaches across the entire mining → smelting → separation → sales value chain — fines up to five times "illegal gains" for production-quota breaches under 10%, escalating to product/equipment confiscation and licence revocation for breaches over 30%. Traceability-reporting failures under MIIT's national rare-earth traceability platform are penalised separately with fines up to ten times illegal gains. Comments close 28 May 2026.

President Trump signed Executive Order "Ending Certain Tariff Actions" on 20 February 2026 (Federal Register doc 2026-03832, published 25 February 2026), terminating the additional ad-valorem duties imposed under nine prior IEEPA-based executive orders. The order followed within hours of the US Supreme Court's 6-3 decision the same day in Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), holding that the International Emergency Economic Powers Act does not authorize the President to impose tariffs and vacating the Trump 2.0 IEEPA tariff regime. The EO directs CBP to cease collection "as soon as practicable"; CSMS guidance set the collection-end date at 12:00 a.m. eastern on 24 February 2026. The order explicitly preserves all underlying national-emergency declarations and all non-IEEPA trade actions — Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, Section 122 of the Trade Act, and Section 201 — so the Section 232 cascade and the paired Section 122 10% temporary surcharge (effective 24 Feb 2026) remain in force. This is the first SCOTUS-driven repeal of a presidential tariff regime in the modern era and recalibrates the entire post-2024 US tariff architecture by removing IEEPA as a legal pillar.

On 6 September 2024 China's National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) jointly issued Order No. 23, the Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition), effective 1 November 2024. The 2024 list reduces nationwide restrictions from 31 to 29 entries, removing the last two manufacturing- sector restrictions (publication printing must be Chinese-controlled; investment in TCM-decoction steaming/roasting/calcination processes and confidential-formula proprietary Chinese-medicine production prohibited). Restrictions remain in services (telecommunications value-added, healthcare, education) and in 21 prohibited categories (news publishing, postal monopoly, fishing, gene therapy, tobacco). The 2021 edition is repealed on the same date.

The Cyberspace Administration of China (CAC) issued the Provisions on Promoting and Regulating Cross-Border Data Flows (《促进和规范数据跨境流动规定》) on 22 March 2024, effective immediately. The rules substantially raise the thresholds at which CAC security assessment, Standard Contractual Clauses (SCC), or Personal Information Protection Certification are required for outbound data transfers, and create categorical exemptions for contract performance, HR management, intra-group transfers below a volume threshold, and transit data processed in China with no domestic personal information introduced. A Free Trade Zone pilot mechanism allows designated FTZs (Shanghai Lingang, Tianjin, Beijing) to publish their own negative lists defining which data categories still require prior approval, easing conditions for multinationals with operations in those zones.

The Personal Information Protection Law of the People's Republic of China (中华人民共和国个人信息保护法 — PIPL) was adopted at the 30th meeting of the 13th NPC Standing Committee on 20 August 2021 and entered into force on 1 November 2021, constituting the third and final pillar of China's cybersecurity and data-governance regulatory trinity alongside the Cybersecurity Law (2016) and the Data Security Law (2021). The PIPL is China's comprehensive personal-information statute establishing consent-based and necessity-based legal bases for PI processing, a tiered cross-border personal-data transfer regime (CAC security assessment / PI protection certification / Standard Contractual Clauses), extraterritorial application (Art. 3) to non-Chinese controllers offering services to or analysing the behaviour of PRC residents, and a heightened protection regime for sensitive personal information and data of minors under 14. It mandates data-protection impact assessments, personal-information-protection-officer obligations at designated handlers, breach notification, and a full suite of data-subject rights including access, rectification, deletion, portability, objection, and automated- decision-making opt-out. Article 53 requires overseas controllers to establish a domestic representative or designated entity in China, providing a domestic enforcement counterparty.

The Data Security Law of the People's Republic of China (中华人民共和国数据安全法) was adopted at the 29th meeting of the 13th NPC Standing Committee on 10 June 2021 and entered into force on 1 September 2021, constituting the second pillar of China's cybersecurity and data-governance regulatory trinity alongside the Cybersecurity Law (2016) and the Personal Information Protection Law (2021). The DSL establishes a tiered data-classification regime — "important data" and "national core data" — with escalating security obligations including risk assessment, risk monitoring, breach reporting, and classified-protection requirements for data handlers. It introduces a data-export security review for "important data" generated or collected within China, the statutory parent authority operationalised by the 2024 CAC Cross-Border Data Flow Provisions, and enacts a §36 blocking statute prohibiting Chinese organisations and individuals from transferring data stored in China to foreign judicial or law-enforcement authorities without prior PRC government approval.

On 15 March 2019, the Second Session of the 13th National People's Congress adopted the Foreign Investment Law of the People's Republic of China (FIL), effective 1 January 2020. The statute replaced the prior tripartite FDI regime — the 1979 Equity Joint Venture Law, the 1986 Wholly Foreign-Owned Enterprise Law, and the 1988 Contractual Joint Venture Law (collectively the "Three Laws") — with a unified legal framework covering all foreign investment in China. The FIL establishes a pre-establishment national treatment plus negative-list regime jointly administered by NDRC and MOFCOM, a Foreign Investment Information Reporting System replacing the former case-by-case approval regime, a national security review mechanism (China's CFIUS equivalent, codified at Art. 35), and Art. 22 technology-transfer prohibition protections. The State Council Implementation Regulations (Order No. 723, promulgated 26 December 2019) entered force on the same date as the FIL.

The Cybersecurity Law of the People's Republic of China (中华人民共和国网络安全法) was adopted at the 24th meeting of the 12th NPC Standing Committee on 7 November 2016 and entered into force on 1 June 2017, establishing the foundational legal framework for network security governance across all sectors. The law creates the Critical Information Infrastructure Operator (CIIO) designation and protection regime administered by the Cyberspace Administration of China (CAC), mandates data localisation for personal information and important data collected or generated by CIIOs in China, and establishes cross-border data-transfer security assessment requirements under Article 37 — the provision later operationalised by DSL 2021, PIPL 2021, and the 2024 CAC Cross-Border Data Flow Provisions. The CSL introduced multi-level protection scheme (等级保护制度 / MLPS) obligations for all network operators and network-product/service security-review procedures, under which CAC triggered the cybersecurity review of Didi Global in 2021 and the exclusion of Micron's products from Chinese critical-infrastructure projects in 2023.