U.S. Commerce Department

News & Analysis as of

The FTC Continues to Flex its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor...more

August 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s...more

Have You Had Your Annual Checkup? The FTC Cracks Down on Inaccurate U.S.-EU Safe Harbor Claims

While the U.S.-EU “Safe Harbor” Framework for transferring data into the United States is hardly new — it was approved 15 years ago — the Federal Trade Commission has recently focused its enforcement efforts on companies that...more

NIST draft report: international cybersecurity standardization needed

An interagency working group led by The National Institute of Standards and Technology (NIST) and The Department of Commerce recently published a draft report (the “Report”) recommending that the U.S. government increase its...more

For the First Time in 50 Years, U.S. and Cuban Banks Unite

Why it matters - A Florida bank has connected with a Cuban bank to allow direct transactions between the financial institutions—the first time such transfers will be possible in 50 years. Stonegate Bank, based in Pompano...more

U.S. Government Approves Crude Oil Swaps with Mexico While Congress Considers Repealing the Underlying Export Restrictions

On August 14, 2015, the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) indicated that it would approve a number of export license applications permitting parties in the United States to swap crude oil...more

New Antidumping And Countervailing Duty Petitions On Hot-Rolled Steel Flat Products From Seven Countries

For your information, on August 11, 2015 new antidumping (AD) and/or countervailing duty (CVD) petitions were filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) on hot-rolled steel...more

US Imposes Significant Export Restrictions on Russian Oil and Gas Field

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added the Yuzhno-Kirinskoye Field, a Russian oil and gas field, to the Entity List on August 7, 2015. The action effectively prohibits all persons from...more

Court Strikes Down Commerce's Methodology for Determining Country of Origin After Third-Country Finishing Operations

In a July 2015 decision, the Court of International Trade rejected the Department of Commerce's determination of country of origin in a high-profile scope proceeding involving unfinished Oil Country Tubular Goods (OCTG)...more

U.S. Department of Commerce Places Severe Export Restrictions on Russian Deepwater Oil and Gas Field

On August 7, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding the Yuzhno-Kirinskoye Field, a Russian oil and gas field located in the Sea of Okhotsk, to its Entity...more

Weekly Update Newsletter - July 2015 #3

GOVERNMENT CONTRACTS - DOC Issues Final Rule Regarding Federal Awarding Agency Regulatory Implementation of OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - The...more

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

Limited Access to Cuba but it is a Start for U.S. Businesses

As you know there are ongoing changes to the Cuba export regulations. President Obama announced the reopening of the U.S. embassy in Havana and a Cuban embassy in Washington. The Commerce Department will remove Cuba from list...more

White House Releases Report on Improving and Modernizing the Immigration System to Meet 21st Century Needs

Earlier this month, the White House released a review of the United States’ immigration policies in a report entitled, “Modernizing & Streamlining our Legal Immigration System for the 21st Century.” The Report highlights key...more

Energy & Environment Update - July 2015 #4

Energy and Climate Debate - Energy and climate issues will garner substantial attention between now and the August recess, and congressional, Administration, and international efforts will remain high through the end of...more

Cuba Si! Trade With Cuba … Not Quite Yet

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

BIS Removes Cuba as State Sponsor of Terrorism in Regulations

On July 22, 2015, the Bureau of Industry and Security (BIS), an agency of U.S. Department of Commerce, amended the Export Administration Regulations (EAR) to reflect Cuba’s removal from designation as a State Sponsor of...more

New Antidumping And Countervailing Duty Petitions On Heavy-Walled Rectangular Welded Carbon Steel Pipes And Tubes From Korea,...

Tuesday, new antidumping (AD) petitions were filed regarding heavy-walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey, and a countervailing duty (CVD) petition was filed with respect to the...more

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

More Federal Money for Manufacturers

As reported by Industry Week, the U.S. Secretary of Commerce recently announced that 12 additional communities will receive designations under the Obama Administration’s Investing in Manufacturing Communities Partnership...more

Commerce Dept. Reviewing Stakeholders' Cybersecurity Comments

The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) is currently reviewing feedback collected in response to a Request for Public Comment on cyber threats facing the digital ecosystem and economy, with the...more

Energy & Environment Update - July 2015 #2

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

Trade & Manufacturing - July 2015

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

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