News & Analysis as of

U.S. Commerce Department

Retrenchment on Cuban Sanctions; The Search for a Middle Ground

The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions as well as broad prohibitions...more

DOC Announces Affirmative Final CVD Determination For Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On November 9, 2017, the U.S. Department of Commerce (DOC) issued affirmative final determinations in the countervailing duty (CVD) investigations of imports of biodiesel from Argentina and Indonesia. Following a nine month...more

U.S. Congress Introduces Legislation to Change Foreign Direct Investment Review

by Jones Day on

Congress recently introduced two pieces of legislation that could significantly change foreign direct investment review in the United States. The Foreign Investment Risk Review Modernization Act of 2017 ("FIRRMA") seeks to...more

Trade & Manufacturing - News of Note - Novermeber 2017

by King & Spalding on

U.S. Census Seeks Comments On Routed Export Transactions – On October 6, 2017, the U.S. Census Bureau published a Federal Register notice inviting public comment on the regulations for routed export transactions. Routed...more

OCC’s call for study of separation of banking and commerce: revisited topic with a new twist

by Thompson Coburn LLP on

According to Acting Comptroller of the Currency Ken Noreika, the time is right to reconsider the U.S. policy of limiting the ability of banking and commercial businesses to mix together. ...more

BIS Clarifies Use of License Exceptions GOV and STA

On November 1, 2017, the Department of Commerce’s Bureau of Industry and Security (BIS) introduced clarifications to the Export Administrative Regulations (EAR) for the use of license exception “Governments, International...more

Commerce Continues China’s Status as a Non-Market Economy

by Kelley Drye & Warren LLP on

On October 26, 2017, the Department of Commerce announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis. Commerce’s decision...more

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China...

by Kelley Drye & Warren LLP on

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China. The Department calculated preliminary dumping...more

European Commission Publishes First Annual Report on EU-US Privacy Shield

by Reed Smith on

Following our previous blog on the upcoming first annual review of the EU-US Privacy Shield, the European Commission (“Commission”) published its report on 18 October 2017 (“Report”). Overall, the Report confirms that the...more

The EU – US Privacy Shield Passed Its First Annual Review

by Jackson Lewis P.C. on

The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”), after evaluating the Privacy Shield in its joint review with the US last...more

European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield

by WilmerHale on

On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that...more

Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review

by Faegre Baker Daniels on

On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more

EC To U.S.: The (Privacy Shield) Kids Are Alright.

by McCarter & English, LLP on

The Privacy Shield agreement struck between the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) gave the EC a right of annual review to determine if all aspects of the Privacy Shield are being...more

EU Commission Confirms that Privacy Shield Survives its First Annual Review

As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: “Our first review shows that the Privacy Shield works well, but there...more

India Stainless Steel Bar:  Commerce Reinstates Viraj and Venus Back Under Antidumping Duty Order

by Kelley Drye & Warren LLP on

On October 18, 2017, the U.S. Department of Commerce published its preliminary determination that two Indian bar producers, Viraj Profiles Ltd. (“Viraj”) and the Venus Group (Venus Wire Industries Pvt. Ltd. and its affiliates...more

Long-Awaited Commerce Department Regulatory Reform Report Spotlights Priority Targets

by Clark Hill PLC on

In one of its first actions upon taking office, the Trump Administration issued a Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing on January 24, 2017. That...more

Commerce Announces Preliminary Subsidy Rates on Chinese and Indian Mechanical Tubing Exports

by Kelley Drye & Warren LLP on

On September 19th, the Department of Commerce announced that they will impose preliminary countervailing duties (“CVD”) on Chinese and Indian exports of cold-drawn mechanical tubing of carbon and alloy steel. ...more

Bombardier Update

by Lane Powell PC on

Lane Powell previously analyzed the trade dispute over the Bombardier C Series aircraft underway in the U.S. International Trade Commission (ITC)....more

FTC Settles Charges Regarding Privacy Shield Noncompliance

by Morgan Lewis on

On September 8, 2017, the US Federal Trade Commission (FTC) announced that three US companies have reached a settlement regarding charges that the companies misled consumers in connection with their participation in the EU-US...more

Commerce Announces Preliminary Subsidy Margins on Certain Tool Chests and Cabinets from China

by Kelley Drye & Warren LLP on

On September 12th, the Commerce Department announced preliminary subsidy rates in its countervailing duty (“CVD”) investigation of certain tool chests and cabinets from China. The rates calculated for the two examined...more

U.S. Investigation Of Steel Flanges From China And India

by Fox Rothschild LLP on

On Wednesday, the U.S. Department of Commerce began its preliminary phase antidumping and countervailing duty investigations pursuant to the Tariff Act of 1930. The Department of Commerce is looking into whether the imports...more

DOC Announced Open REEEAC Meeting

by Bergeson & Campbell, P.C. on

On September 5, 2017, the U.S. Department of Commerce (DOC) published in the Federal Register a notice of an open meeting of the Renewable Energy and Energy Efficiency Advisory Committee (REEEAC). REEEAC will hold a meeting...more

Implications of the 2016 US Presidential Election for Trade Policy

by White & Case LLP on

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

DOC Publishes Preliminary AD/CVD Determination For Argentina And Indonesia

On August 28, 2017, the U.S. Department of Commerce (DOC) announced in the Federal Register that a preliminary determination had been issued in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel...more

Commerce Announces Preliminary Determinations on Carbon and Steel Wire Rod from Turkey and Italy

by Kelley Drye & Warren LLP on

Yesterday, the Department of Commerce announced its preliminary determinations in the countervailing duty investigations on carbon and alloy steel wire rod from Turkey and Italy. Commerce reached affirmative determinations...more

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