Trade Practitioner

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Unveiling the New EU Foreign Investment Regime

To address growing geopolitical tensions and technological shifts, the European Commission presented, on 24 January 2024, five new initiatives for strengthening the EU’s economic security. Part of the package is a proposal for a new regulation on the screening of foreign investments, whose aim is to update Regulation 2019/452 (FDI Regulation), which is currently in … Continue Reading

BIS Amends the EAR To Implement Additional Sanctions Against Russia and Belarus and To Revise Existing Export Controls on Russia, Belarus and Iran

On January 25, 2024, the US Department of Commerce Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) expanding the sanctions against Russia and Belarus through new and revised licensing requirements. The amendments also refined existing export controls on Russia, Belarus and Iran to enhance the effectiveness of, and better … Continue Reading

New US Action Against Melamine Imports

On February 14, 2024, US melamine producer Cornerstone filed antidumping (AD) and countervailing duty (CVD) petitions against melamine imports from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices, and (b) government subsidized.  AD case is … Continue Reading

Forced Labor Legal Developments in Europe: EU Council and Parliament Negotiate Final Text for Proposed Regulation

While many have focused in recent months on the US enforcement of the forced labor import ban (19 U.S.C. 1307) and the Uyghur Forced Labor Prevention Act (UFLPA) (Public Law No. 117-78), the EU is working on its own set of regulations prohibiting products made with forced labor from entering the EU market. A proposal … Continue Reading

Department of Defense Updates Section 1260H Chinese Military Companies List

On January 31, 2024, the Department of Defense (DOD) released an update to the Chinese Military Company (CMC) List in accordance with Section 1260H of the National Defense Authorization Act (NDAA) for Fiscal Year 2021. DOD added sixteen entities to the 1260H CMC List and removed three previously designated entities that no longer met “some … Continue Reading

US ITC to Investigate Global Rice Trade

In a February 5, 2024 letter to the US International Trade Commission (ITC), US House of Representatives Ways & Means Committee Chair Jason Smith (Republican-Missouri) requested that the ITC conduct a Section 332 investigation into the global rice market. The ITC will institute the investigation in the coming weeks, and it could be the first … Continue Reading

CFIUS Filing Pending: Czechoslovak Group a.s. and Sporting Products business of Vista Outdoor Inc.

Status:       Pending Acquirer:            Czechoslovak Group a.s. (Czech Republic) Acquired:            Sporting Products business of Vista Outdoor Inc. (U.S.) Value:                  $1.91 billion Industry Tags:    Firearms; Law Enforcement… Continue Reading

New US Action Against Paper Plate Imports

On January 24, 2024, US paper plate producers filed antidumping (AD) and countervailing duty (CVD) petitions against paper plate imports from China, Thailand and Vietnam claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices and (b) government subsidized.  AD case is against all three countries.  CVD … Continue Reading

New U.S. Action Against Wine Bottle Imports

On December 29, 2023, the U.S. Glass Producers Coalition filed antidumping (AD) and countervailing duty (CVD) petitions against glass wine bottle imports from China, Mexico and Chile claimed to be (a) dumped – i.e., sold into the United States at less than fair normal value prices and (b) government subsidized.  AD versus China, Mexico and … Continue Reading

Another Domino Falls: UK to Follow the EU in Ending the Antitrust Exemption for Liner Shipping

In our blog back in October, we noted the European Commission’s decision to let the Consortia Block Exemption Regulation (CBER) as to liner shipping expire on 25 April 2024. In a subsequent client alert, we noted that we were also waiting to see what the US Congress and the Federal Maritime Commission (FMC) would do … Continue Reading

USITC Preliminary Injury Decision As To Extruded Aluminum Imports

On November 17, 2023, the U.S. International Trade Commission (USITC) preliminarily decided that the accused imports injure or threaten to injury a domestic industry as to all accused countries except the Dominican Republic (DR). See Aluminum Extrusions from China, Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab … Continue Reading

Written Argument to ITC In AD/CVD Extruded Aluminum ITC Preliminary Injury Investigation

In post conference written filings, parties argued: U.S. Producer Petitioners Supporting AD/CVD During the 2020 to present U.S. International Trade Commission (ITC) period of investigation (POI), a surge in accused imports pummeled the U.S. market, taking huge sales from U.S. producers and inflicting material injury thereon. ITC should define a single like product (i.e., all … Continue Reading

U.S. Antidumping Law On Vietnam

U.S. antidumping (AD) law imposes AD import duties on imports found to be sold at unfairly low prices (such as below cost plus reasonable profit or fair normal value), that injure a U.S. industry.  Many, and increasingly so, Vietnam exports to the United States are subject to such U.S. AD.… Continue Reading

Extruded Aluminum Trade Remedy Update

On October 4, 2023, a trade remedy (antidumping and countervailing duty) petition was filed against claimed dumped and subsidized imports from 15 countries.   It covered a purported $3 billion+ in accused imports.  That makes it one of the largest trade remedy petitions in many years.  The following two alerts: Commerce Initiation and ITC Conference cover … Continue Reading

Interpretation of “Control” in UK-Russia Sanctions: Mints v PJSC National Bank Trust

Summary and Comment The Court of Appeal’s judgment in the Mints v PJSC National Bank Trust case clarifies some key aspects of the legal interpretation of the sanctions the UK has applied to Russia – the Russia (Sanctions) (EU Exit) Regulations 2019 (Regulations). In essence, the Court of Appeal has done three things:… Continue Reading

Semiconductor and Advanced Computing Export Control Rules Modifying and Reinforcing the Restrictions Initially Released on October 7, 2022

Today, the Department of Commerce’s Bureau of Industry and Security (BIS) released three rules to update the export controls issued on October 7, 2022, for advanced computing semiconductors, semiconductor manufacturing equipment, and items that support supercomputing applications and end-uses. We provide a top-line analysis of each of the following rules in turn: As these interim final … Continue Reading

No More ‘Safe Harbor’ – European Commission to End the Antitrust Exemption for Liner Shipping

The European Commission has decided to end a rule exempting liner shipping services from certain EU antitrust rules, by letting the Consortia Block Exemption Regulation (CBER) expire on April 25, 2024. The decision came after the European Commission concluded that the CBER “is no longer fit for purpose.”… Continue Reading
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