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US Commerce Department Offers Huawei and Affiliated Suppliers Interim Reprieve by Granting Temporary General License Until August 2019

On May 22, 2019, the US Department of Commerce, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule creating a 90-day Temporary General License (TGL) for Huawei Technologies Co., Ltd. (Huawei) and the 68 affiliated Huawei entities (collectively, the “Huawei Listed Companies”) that were added to the … Continue Reading

Trump Secures US Telecom Supply Chain with Executive Order; Related Huawei Actions

On May 15, 2019, President Donald Trump issued an Executive Order (EO) titled “Securing the Information and Communications Technology and Services Supply Chain.” The long-awaited EO addresses the use in US communications networks of technologies from certain types of foreign companies.… Continue Reading

US Adds Huawei and Affiliates to the Department of Commerce Entity List – What to Expect From the Final Rule

On May 21, 2019 the US Commerce Department, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule designating Huawei Technologies Co., Ltd. (Huawei) and 68 affiliated Huawei entities located in 26 countries (collectively, the “Huawei Listed Companies”) to the Entity List. … Continue Reading

How Do You, Your Suppliers and Customers Fare as Trade Tensions Escalate?

UPDATE: The Tariff Book was updated on May 10, 2019 to reflect an updated action on Section 301 by the Trump Administration that increased tariffs on $200 billion worth of Chinese products (List 3). How To Use The Tariff Book Because there is so much information included in this Tariff Book, we have made the document fully searchable. … Continue Reading

Expert Panel Discussion on Chinese Investment in the US: The Path Forward

George Grammas, Co-Chair of our International Trade/Global Import and Export Compliance Practice, will join a panel of international trade experts to discuss “International Trade Challenges and Strategies” at China General Chamber of Commerce’s (CGCC) upcoming Legal & Policy Series on October 15 in New York City. Other topics to be discussed by additional speakers include: … Continue Reading

Chinese Technology Companies Named to Entity List, Blocked from US Exports

The Trump Administration has added eight Chinese entities and 36 of their subsidiaries to the US Department of Commerce, Bureau of Industry Security’s (BIS) Entity List. Per the final rule published in the Federal Register on August 2, 2018, “[t]he entities that are being added to the Entity List have been determined by the U.S. Government to be acting contrary … Continue Reading

Upcoming/New CFIUS Filing: China Grand Pharmaceutical and Healthcare Holdings Limited/CDH Genetech, Ltd. and Sirtex Medical Limited

Status:  Upcoming/New Filing   Acquirer:  China Grand Pharmaceutical and Healthcare Holdings Limited (Bermuda; Hong Kong SAR, China; China); CDH Genetech, Ltd. (Cayman Islands; China) Acquired:  Sirtex  Medical Limited (Australia) Value:  Approximately A$1.9 billion (US$1.4 billion) Industry(ies):  Healthcare; Biotechnology; Medical Devices… Continue Reading

CFIUS Reform: House and Senate Committees Unanimously Clear Bills That Would Greatly Expand CFIUS Authority

On May 22, shortly before the US Memorial Day holiday weekend, the US House and Senate committees with jurisdictions over foreign investments in the US unanimously passed their respective legislations that would greatly expand the authority bestowed on the Committee on Foreign Investment in the United States (CFIUS). The bipartisan, bicameral effort introduced the Foreign … Continue Reading

USITC Issues Rare Opinion On Antitrust-Based Section 337 Claims

Section 337 of the US trade laws gives the US International Trade Commission (USITC) authority to prevent “unfair practices in import trade.”  In addition to the statute’s provisions that allow the USITC to exclude imported goods that infringe US intellectual property (IP) rights, it also provides for the USITC’s ability to remedy other “unfair methods … Continue Reading

CFIUS Filing Withdrawn, Deal Abandoned: Unic Capital Management, China Integrated Circuit Industry Investment Fund and Xcerra, Inc.

Status:  Withdrawn; Abandoned Acquirer:  Unic Capital Management Co., Ltd. (China); China Integrated Circuit Industry Investment Fund Co. (China) Acquired:  Xcerra, Inc. (US) Value:  Approx. US$580 million Industry:  Semiconductor… Continue Reading

Pending CFIUS Filing: COSCO SHIPPING Holdings Co., Ltd. (China) and Orient Overseas (International) Ltd. (Hong Kong SAR, China)

Status: Pending   Acquirer: COSCO SHIPPING Holdings Co., Ltd. (China) Acquired: Orient Overseas (International) Ltd. (Hong Kong SAR, China) Value: Approximately HK$49.23 billion (approx. US$6.3 billion) Industry: Transportation; Logistics… Continue Reading

CFIUS Filing Cleared: Zhengzhou Coal Mining Machinery Group Co., Ltd. (China), China Renaissance Capital Investment (China) and Robert Bosch Starter Motors Generators Holding GmbH (Germany)

Status: Clearance   Acquirer: Zhengzhou Coal Mining Machinery Group Co., Ltd. (China); China Renaissance Capital Investment (China) Acquired: Robert Bosch Starter Motors Generators Holding GmbH (Germany) Value: Approximately $595 million Industry: Automotive… Continue Reading

CFIUS Filing: Orient Hontai Capital/Orient Securities and AppLovin

Status:  (1) Abandoned; (2) Upcoming/New Filing   Acquirer:  Orient Hontai Capital (China); Orient Securities Limited (China) Acquired:  AppLovin Corp. (US) Value:  (1) US$1.4 billion acquisition; (2) US$841 million debt financing Industry:  Software; e-Commerce… Continue Reading

HNA Group (International) Co., Ltd and Ness Technologies CFIUS Prefiling, Abandoned

Status:  Prefiling; Abandoned   Acquirer:  HNA Group (International) Co., Ltd. (Hong Kong SAR, China); Pactera Technology International Limited (China) Acquired:  Ness Technologies S.A.R.L. (Luxemburg); Jersey Holdings Corporation (US) Value:  Approximately US$325 million Industry:  Software; Technology Services… Continue Reading
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