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 (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
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
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
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
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
Status: Terminated Acquirer: Stratasys Ltd. (Israel) Acquired: Desktop Metal, Inc. (US) Value: Over $500 million Industry Tags: 3D Printing; Additive Manufacturing… Continue Reading
Today, October 4, 2023, the U.S. Aluminum Extruders Coalition and the United Steelworkers (USW) union filed antidumping (AD) and countervailing duty (CVD) petitions against extruded aluminum imports claimed to be (a) dumped – i.e., sold into the United States at less than fair normal value prices and (b) government subsidized. The AD petitions cover China, … Continue Reading
On September 28, 2023, Eastman Kodak filed antidumping (AD) and countervailing duty (CVD) petitions against aluminum lithographic printing plates from China claimed to be (a) dumped – i.e., sold into the United States at less than fair normal value prices and (b) government subsidized; and just an antidumping petition against Japan. Petition available at https://ids.usitc.gov/case/8144/investigation/8462.… Continue Reading
Status: Unknown; Deal Terminated Acquirer: Yuhan Optoelectronic Technology (Shanghai) Co., Ltd. (China) Acquired: Manufacturing facilities located in the People’s Republic of China and certain assets related to the transceiver business and multi-channel optical sub-assembly products of Applied Optoelectronics, Inc. (United States) Value: $150 million Industry Tags: Telecommunications; Electronics Design & Manufacturing… Continue Reading
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
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
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. 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
Status: Upcoming/New Filing Acquirer: Cegeka Groep NV (Belgium) Acquired: Computer Task Group (U.S.) Value: Over $170 million Industry Tags: Technology Services… Continue Reading
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
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
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
