The landscape of U.S. export controls on advanced semiconductors and related toolings is evolving, with anticipated changes potentially impacting the business operations of companies throughout the global supply chain for products driven by advanced semiconductors and the development of similarly supported technologies.
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, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam. The CVD petitions cover China Indonesia, Mexico and Turkey. See https://ids.usitc.gov/case/8145/investigation/8464 for the petitions.
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.
Status: Pending Filing
Acquirer: Renesas Electronics Corporation (Japan)
Acquired: Sequans Communications S.A. (France)
Value: $249 million
Industry Tags: Semiconductors; Integrated Circuits; Telecommunications; Internet of Things
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 Times) have indicated of late that Vietnam has moved to being a ME. President Biden visited Vietnam to seek closer relations with Vietnam including trade deals. We will see what happens. But this could be good for Vietnam if done.
Notably, in a joint statement (attached) between President Biden and his Vietnam counterpart,
“The United States noted Vietnam officially requested the review of its market economy status on September 8, 2023. The United States will review Vietnam’s request as expeditiously as possible, in accordance with U.S. law. The United States appreciates Vietnam’s ongoing efforts to further modernize and enhance the transparency of its monetary policy and exchange rate management framework, to promote macroeconomic stability, and to ensure the safety and soundness of the banking system.”
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Acquirer: Ørsted A/S (Denmark)
Acquired: Uncommitted lease area for wind development from Eversource Energy (U.S.)
Value: $625 million
Industry Tags: Energy
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
Status: Upcoming/New Filing
Acquirer: Enbridge Inc. (Canada)
Acquired: Three gas utility businesses of Dominion Energy (U.S.)
Value: $14 billion
Industry Tags: Regulated Utilities; Energy; Oil & Gas
Status: Mitigation; Clearance
Acquirer: Sina Corporation (China)
Revised Acquirer: TuSimple (Cayman) Limited (Cayman Islands)
Acquired: TuSimple Holdings Inc. (US)
Industry: Autonomous Vehicles