Energy & Utilities International Trade Antitrust & Trade Regulation

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Solar Installer Alert: ITA Delays Trade Case Decision on Chinese Solar Modules | ITC's U.S. Solar Industry Injury Investigation...

The U.S. International Trade Administration (ITA) has postponed its countervailing duty determination by about two months, leaving the solar industry hanging for a while longer....more

News Of Note - March 2014

Court Of Appeals Affirms Decision Imposing Duties On Chinese Magnesium Exporter That Lied To The Commerce Department – Cole Pfeiffer and Joshua Snead – The U.S. Court of Appeals for the Federal Circuit last month affirmed a...more

French Citizen Pleads Guilty To Obstructing FCPA Investigation

Last week new FCPA Chief Patrick Stokes announced that the prosecution of individuals would be a priority. This point has become a recurring theme not just in FCPA cases where the international nature of the actions can pose...more

China Update - March 10, 2014

In This Issue: U.S.-China Relations; China News; Trade; and Energy & Environment. Excerpt from U.S.-China Relations - First Lady Michelle Obama to Visit China From March 19 to March 26, First Lady...more

U.S. International Trade Commission Issues Preliminary Determination of Injury to US Solar Cell Industry from Imports of Certain...

By a vote on February 14, 2014, the U.S. International Trade Commission (ITC) made a preliminary determination of material injury to the U.S. solar cell manufacturing industry due to low-priced Crystalline Silicon...more

Solar Products from China and Taiwan Face Major New Investigations

On February 14, the U.S. International Trade Commission (“ITC”) voted to go forward with the new antidumping and countervailing duty cases filed on New Year’s Eve by SolarWorld Industries America, Inc., the U.S. solar panel...more

China Announces Final Determinations in Antidumping and Countervailing Duty Investigations into Solar-Grade Polysilicon from Korea...

On January 20, 2014, the Chinese Ministry of Commerce (MOFCOM) published Notice No. 5 [2014], imposing definitive antidumping (AD) duties on imports of solar-grade polysilicon from Korea and the United States. On the same...more

Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China...more

U.S. Industry Files New Allegations Against Solar Products From China And Taiwan

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on...more

New Solar Panel Unfair Trade Cases

On December 31, 2013, SolarWorld Industries America Inc. filed petitions with the U.S. government seeking antidumping and countervailing (anti-subsidy) duties on U.S. imports of Chinese and Taiwanese crystalline silicon...more

Trade & Manufacturing Alert - January 2014

In This Issue: - The Sanctions Divide: The White House Pushes to Ease Trade Restrictions on Iran While Congress Contemplates a New Round of Sanctions Legislation - Energy Industry Helps U.S. Set Exports...more

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a...more

U.S. Subsidiary of SolarWorld Files New AD/CVD Petitions on Chinese-Origin Solar Cells

On December 31, 2013, SolarWorld Industries America, Inc. (“SolarWorld”) – the U.S. subsidiary of Germany-based SolarWorld AG – filed petitions for the imposition of antidumping and countervailing duties (AD/CVDs) on...more

How to Avoid Corruption Risks in China [Video]

The recent headlines on China's expanding anti-corruption investigation and enforcement action is a significant event in global anti-corruption enforcement. For companies operating in China, the risks have now increased...more

How Should U.S. Companies React To The Iran Nuclear Deal And Which Sanctions Are Suspended?

The United States agreed to suspend certain sanctions against Iran over the weekend as part of an agreement to curb the Iranian nuclear program. The agreement, which provides for a six-month first step towards a...more

Solar Bankruptcy Trustee Sues For $950 Million

The trustee in bankruptcy for Energy Conversion Devices, parent of United Solar of Greenville, is suing three Chinese solar panel companies. The allegations filed in Federal District Court in Detroit against Trina Solar Ltd,...more

Bribery’s short term gains dwarfed by massive fines – How can companies avoid the FCPA Hall of Shame?

It’s easy to wag a finger at companies incurring costly violations under the Foreign Corrupt Practices Act (FCPA), to date this year. They stand accused of bribing, defrauding, and other actions you don’t like to see...more

EU/China Solar Settlement Becomes Effective

A settlement between the European Union (EU) and the Chinese government on the import of photovoltaic solar cells to the EU became effective on August 6, 2013. The settlement resolves a US $27 billion dumping and subsidy...more

Changes to Canada’s Anti-Corruption Regime Are Now in Force

On June 19, 2013, Bill S-14: The Fighting Foreign Corruption Act, received Royal Assent, thereby bringing into force the most significant changes to Canada’s anti-corruption legislation, the Corruption of Foreign Public...more

Canada Announces New Initiative for Disclosure of Payments to Governments

On June 12, 2013, Canadian Prime Minister Stephen Harper announced the introduction of a new transparency initiative in Canada that will require Canadian companies in the extractive industries, including mining, oil and gas,...more

Solar Power in Europe: EU imposes anti-dumping tariffs on Chinese imports

We commented in a previous alert that the European Commission had launched an investigation into "dumping" of solar panels in the European market by Chinese companies. Yesterday (4 June 2013) it was announced that the...more

Mergers & Acquisitions: Shifting Sands in Canadian Anti-Bribery and Trade Control Laws Raise the Stakes in Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Canada Imposes Wide-Reaching Export, Import and Investment Bans Against Iran

Effective May 29, 2013, Canada significantly expanded its existing economic sanctions measures against Iran by implementing a general ban on supplying or sourcing goods to or from Iran and a prohibition on making any...more

Glencore’s Long March to Take Over Xstrata

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

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