U.S. Commerce Department

News & Analysis as of

Decision Circumscribes Duty Circumvention

On April 5, 2016, a three-judge panel of the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Deacero S.A. de C.V. v. United States, Appeal Nos. 2015-1362, 2015-1363, 2015-1367, affirming the final...more

Alert: Coming Soon: Federal Regulation of the Internet of Things

The hands-off approach Washington has taken on regulating the Internet of Things ("IoT") may be about to change: the Department of Commerce, through its National Telecommunications and Information Administration ("NTIA"), has...more

The Department of Commerce Wants to Get a Handle on the Internet of Things

It’s apparent by now that along with an expected economic impact of billions or even trillions of dollars, the Internet of Things (IoT) also brings with it a host of security, health and policy concerns. ...more

Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more

NTIA Rulemaking Seeks Comments on Government Role in IoT

The National Telecommunications and Information Administration (NTIA), part of the Department of Commerce, is seeking public comment on the benefits, challenges and potential roles for the government in fostering the...more

To Join or Not to Join: Is the EU-U.S. Privacy Shield Right for You?

With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

Announcement of "Privacy Shield" Gives Hope for U.S. Companies that Previously Relied on Safe Harbor

On October 27, 2015, Wilson Elser released a client alert that discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing...more

Commerce Finds Dumping Of Hot-Rolled And Cold-Rolled Steel Imports

In March, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in antidumping (AD) investigations involving certain hot-rolled and cold-rolled steel products. The hot-rolled AD...more

New Antidumping Duty and Countervailing Duty Petitions on HEDP from China

On March 31, 2016, Compass Chemical International LLC (Compass) filed antidumping (AD) and countervailing duty (CVD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC),...more

CBP Ramps Up Enforcement Efforts With “Live Entry” Requirements for Steel Imports Subject to AD/CVD Orders

Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more

New Antidumping Duty Petition on Ferrovanadium from Korea

On March 28, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding Ferrovanadium from Korea. The petition was filed by the Vanadium...more

U.S. Businesses Eye Cuban Market

The Obama Administration’s move to normalize relations with Cuba continues to spur commercial interest in the island. Despite the U.S. economic embargo on Cuba, regulatory changes announced by the U.S. Department of the...more

Alert: US Issues Temporary License for Exports to Chinese Telecom Company ZTE

Today, March 24, 2016, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a final rule revising the Export Administration Regulations ("EAR") and creating a temporary general license lifting certain...more

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

No consensus on Privacy Shield following debate on adequacy

The EU-US Privacy Shield remains a hotly debated issue. At a meeting at the European Parliament last week, it became evident that significant areas of disagreement remain between the European Commission, the European...more

U.S. Commerce Department Expected to Temporarily Lift Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On March 8, 2016, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and affiliates Beijing 8-Star International Co. and ZTE...more

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

WTO Panel in US-Korea Washer Dispute Rejects US Use of Zeroing to Address Targeted Dumping

A WTO Panel has issued a mixed ruling in a Korean challenge to anti-dumping and countervailing duties imposed by the United States on certain imported washing machines. This decision marks the first time that a WTO panel has...more

Commerce to Require Certifications on Some Aluminum Extrusions to Prevent Duty Evasion

The Department of Commerce (“Commerce”) has maintained antidumping duties (“AD”) and countervailing duties (“CVD”) on aluminum extrusions from China since the fall of 2010. Although the combined AD/CVD rates have varied over...more

Doing Business With Cuba: New Guidance Posted

As President Obama moves forward to revise policies toward Cuba, opportunities for carriers on the U.S.-route continue to arise. In addition to revisions to relevant FCC regulations, which we’ve covered here and here,...more

Now That Details of the EU-U.S. Privacy Shield Have Been Revealed, Should Your Company Get Ready to Embrace It or Avoid It?

In the latest step toward finalising a replacement for the defunct Safe Harbor program, the European Commission has published its draft adequacy decision, formally supporting its view that the proposed EU-U.S. Privacy Shield...more

New Antidumping Duty Petition on Phosphor Copper from Korea

On March 9, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding phosphor copper from Korea. The petition was filed by Metallurgical...more

Privacy Shield Released - How Employers Can Take Advantage of the New European Data Transfer Framework

Background - The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU member state. The Directive states that personal data may only be...more

Mandatory BEA Filings: Have You Complied?

Is your business owned, directly or indirectly, 10 percent or more by a foreign party? Does your business own, directly or indirectly, 10 percent or more of a foreign party? If so, your business may have the legal...more

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