The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee headed by the Department of the Treasury, is authorized to review transactions that could result in the control of U.S. businesses by foreign persons or companies in order to determine the effect of such transactions on the national security of the United
Section 301 Investigations
U.S. International Trade Commission Finds That Imports Injure U.S. Solar Equipment Manufacturers
The U.S. International Trade Commission (ITC) has determined that increased imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the U.S. solar equipment industry. After its 4-0…
USTR Initiates Section 301 Investigation into China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation
Less than a week after President Trump issued a presidential memorandum directing the U.S. Trade Representative (USTR) to determine whether to investigate China regarding certain intellectual property and technology transfer issues, USTR Robert Lighthizer formally initiated a Section 301 investigation into the matter on August 18, 2017. In announcing the investigation, he stated that, “[a]fter…
OFAC Sanctions Chinese and Russian Entities and Individuals Supporting North Korea
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has designated 16 Chinese and Russian entities and individuals for activities related to the support of North Korea’s Kim Jong-un. These sanctions intentionally target third-country companies and individuals that (1) assist already-designated persons who support North Korea’s nuclear and ballistic missile programs, (2) deal…
President Trump Directs USTR to Examine China’s Intellectual Property & Forced Technology Transfer Policies
Asserting in a presidential memorandum that “Violations of intellectual property rights and other unfair technology transfers potentially threaten United States firms by undermining their ability to compete fairly in the global market,” President Trump has directed U.S. Trade Representative Robert Lighthizer to investigate any of China’s laws, policies, practices or actions that may be unreasonable…
Commerce Moves to Review China’s “Nonmarket Economy” Status
The Trump administration on April 3, 2017 issued a notice of initiation and request for public comment and information pertaining to whether the People’s Republic of China (PRC) should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. The notice in the Federal Register indicates that this…