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Vietnam Seeks Market Economy Status For Antidumping

On September 8, 2023, the Government of Vietnam requested that the United States treat Vietnam as a Market Economy (ME) for antidumping (AD) law purposes versus the current Non-Market Economy (NME) status (attached). ME status generally means lower and more manageable/predictable (AD) dumping margins, so it is preferred for AD purposes.  Western press (e.g., Financial … Continue Reading

CFIUS Clearance: Ørsted A/S and Uncommitted lease area for wind development from Eversource Energy

Status:                  Clearance Acquirer:              Ørsted A/S (Denmark) Acquired:             Uncommitted lease area for wind development from Eversource Energy (U.S.) Value:                    $625 million Industry Tags:    Energy… Continue Reading

Upcoming/New Filing: Mars Acquisition Corp. and ScanTech Identification Beam Systems, LLC

Status:                   Upcoming/New Filing Acquirer:               Mars Acquisition Corp. (Cayman Islands) Acquired:              ScanTech Identification Beam Systems, LLC (U.S.) Value:                   $149.5 million Industry Tags:       Logistics; Security Solutions… Continue Reading

Upcoming/New CFIUS Filing: Paccar Inc.; Cummins, Inc.; Daimler Trucks Group Company; EVE Energy Co., Ltd. – Joint Venture

Status:                  Upcoming/New Filing Acquirer:              Paccar Inc. (U.S.); Cummins Inc. (U.S.); Daimler Trucks Group Company (Germany); EVE Energy Co., Ltd. (China) Acquired:             New joint venture (U.S.) Value:                   $2-3 billion Industry Tags:    Battery and Electronic Component Manufacturing; Electric Vehicles… Continue Reading

U.S. Commerce Secretary’s Meetings in China Reinforce Trade Relations and Deepen Bilateral Discussions

U.S. Secretary of Commerce Raimondo’s recent visit to China in late August was “part of ongoing efforts to deliver on President Biden’s directive following his meeting with President Xi in November 2022 to deepen bilateral discussions.” (Commerce Press Release, Aug. 28, 2023.)  Throughout the meetings, the Commerce Secretary sought to reinforce U.S. economic interests in … Continue Reading

Updates Regarding Exports of Certain Nuclear Items to China and Macau

On October 14, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) published in the Federal Register a final rule that amends the Export Administration Regulations, 15 C.F.R. parts 730-774 (“EAR”), “by adding additional nuclear nonproliferation controls on China and Macau.” Changes specifically apply to “items controlled for Nuclear Nonproliferation (NP) column … Continue Reading

Webinar: Recent Development in International Trade New Executive Order on US Outbound Investments in Emerging Technology in China — Issues, Impacts & Challenges – August 22, 2023

On August 9, 2023, US President Joe Biden signed a long-awaited executive order (EO) establishing a framework for outbound US investments in emerging technologies in China. The EO subjects certain investments in semiconductors, quantum technologies, artificial intelligence (AI) and other technologies to new notification procedures or outright prohibition on direct or indirect outbound investments. However, … Continue Reading

U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

On August 9, 2023, U.S. President Joe Biden signed an Executive Order (“EO”) titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” mandating the establishment of an outbound investment regulatory regime.  The EO mandates that the Treasury Department, in coordination with other agencies, issue regulations to establish a … Continue Reading

CFIUS Clearance: Brookfield Infrastructure Partners LP and FirstEnergy Transmission, LLC

Status:               Clearance Acquirer:                         Brookfield Infrastructure Partners LP (Canada) Acquired:                        FirstEnergy Transmission, LLC (U.S.) Value:                              $2.375 billion Industry Tags:             Energy; Regulated Utilities… Continue Reading

TRADE ALERT: New U.S. Action Against Mattress Imports

On July 28, 2023, U.S. mattress producers filed a third-wave of antidumping (AD) and countervailing duty (CVD) petitions against certain mattress imports, claimed to be (a) sold into the United States at less than normal value (i.e., at unfairly low prices, that are below home or third-country market prices or below cost plus reasonable profit) … Continue Reading

U.S. Action Against Pea Protein from China

On July 11, 2023, PURIS Proteins LLC filed antidumping (AD) and countervailing duty (CVD) petitions against pea protein from China, claimed to be (a) sold into the United States at less than normal value (i.e., at unfairly low prices, that are below cost plus reasonable profit, based on market economy standards) and (b) government subsidized … Continue Reading

North Dakota Law Another Example of State Regulation Over Foreign Acquisitions of Land

On April 29, 2023, North Dakota Governor Doug Burgum signed Senate Bill No. 2371 into law, which prohibits local development and ownership of real property by “foreign adversaries,” effective August 1, 2023. The law sunsets on July 31, 2025 and will be ineffective after that date unless renewed. This state law is one of the … Continue Reading

Upcoming/New CFIUS Filing: Viterra Limited; Glencore PLC; Canada Pension Plan Investment Board; British Columbia Investment Management Corporation; and Bunge Limited

Status: Upcoming/ New Filing Acquirer: Viterra Limited (The Netherlands); Glencore PLC (Sweden); Canada Pension Plan Investment Board (Canada); British Columbia Investment Management Corporation (Canada) Acquired: Bunge Limited (U.S.) Value: $8.2 billion Industry Tags:  Agriculture; Agribusiness… Continue Reading

CFIUS Determines it Lacks Jurisdiction to Review Chinese Land Acquisition

In 2022, Fufeng USA, a subsidiary of Chinese company Fufeng Group, purchased 370 acres near Grand Forks, North Dakota, with the intention of developing the land to build a plant for wet corn milling and biofermentation,[1] prompting opposition from federal and state politicians.[2] North Dakota Senators, North Dakota’s Governor, and Senator Marco Rubio urged the … Continue Reading
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