US Imposes Anti-Dumping Duties on Solar Cells from Southeast Asia: Impact on Renewable Energy Investments

In a significant development on August 18, 2023, the International Trade Administration (“ITA”) of the U.S. Department of Commerce issued a final “country-wide” circumvention determination surrounding the imposition of anti-dumping and countervailing import duties on certain solar cells and modules originating from Vietnam, Cambodia, Malaysia, and Thailand. This ruling escalates the conversation on circumvention, a…

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US Commerce Department Concludes Investigation of CSPV Cell Antidumping Circumvention in Southeast Asia

The U.S. Department of Commerce (“Commerce”) has recently leveled its final determination, signaling the closure of a long-running circumvention investigation. This investigation focused on whether crystalline silicon photovoltaic (“CSPV”) cells and modules imported from Cambodia, Malaysia, Thailand, and Vietnam (collectively referred to as “the target countries”) were being used as conduits to circumvent antidumping duty…

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OMB Guidance on Build America, Buy America Provisions: Implications for Infrastructure and Manufacturing Sectors

On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance, a noteworthy shift in policy that endeavors to implement the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). Hogan Lovells, a multinational legal practice, delivered a detailed examination of these developments. The…

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Rising Influence of Nonpracticing Entities Prompts Congressional Debate on ITC Reforms

In recent years, nonpracticing entities have become increasingly active at the U.S. International Trade Commission. In fact, they have been responsible for bringing about a record 32% of Section 337 Investigations in 2022. This rise can be traced back to when Congress amended Section 337 in 1988. The amendments specifically allowed intellectual property rights-holders that…

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Trade Lawyer Carlos Véjar Transitions from Holland & Knight to White & Case in Mexico

In an exciting update from the legal arena, experienced trade lawyer Carlos Véjar, who formerly functioned as the general counsel for international trade at the Mexican Economy Ministry, has reportedly made a significant career switch. Originally at Holland & Knight, Véjar has now moved his allegiance and expertise to White & Case in Mexico. This…

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Biden Administration Targets US Outbound Investments in High-Tech Industries Amid National Security Concerns

In a strategic move addressing national security concerns, the Biden Administration has issued a long-anticipated Executive Order regarding investments in Certain National Security Technologies and Products in “Countries of Concern”. Expected to trigger a new outbound investment review regime, the Order is set to impose compliance obligations for U.S. investors, specifically within high-technology industries with…

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Mastering Prior Disclosures: Strategies and Pitfalls for Corporate Legal Professionals

In the rapidly evolving world of corporate law, staying ahead requires not just understanding the existing regulations, but also being able to anticipate and handle new legal frameworks. Furthering this knowledge is an indispensable webinar titled ‘Mastering the Art of Prior Disclosures: Uncover Hidden Strategies and Avoid Pitfalls’. Taking place on the 29th of August…

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Navigating Customs Compliance: A Vital Strategy for International Trade Success

Global trade laws and customs regulations continuously undergo changes, presenting unique challenges for multinational corporations and firms involved in import and export. Successfully navigating these challenges is crucial for maintaining compliance and avoiding legal complications. From a legal perspective, any organization involved in international trade must be familiar with customs, including common red flags and…

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USMCA Genetically-Engineered Corn Trade Dispute: Debating Mexico’s Import Restrictions

In the latest episode of Talking Ag Biotech, Keith Matthews and Chris Wozniak were joined by a new guest, Kimberly Reynolds of Wiley’s International Trade Practice. The central topic of their discussion was the current U.S. Canada-Mexico Agreement (USMCA) Genetically-Engineered (GE) corn trade dispute. This situation has come about as a result of Mexico’s decision…

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Navigating the Complexities of US-China Economic Decoupling and Interdependence

The escalating stakes in Sino-American relations are under the global spotlight, as both Washington and Beijing ramp up their trade policies, often justifying them under the banner of national or economic security. Notably, the political risks for U.S.-based businesses remain significantly elevated, given that both governments are poised to impose new export restrictions and increase…

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Offshore Jurisdictions Enhance Global Legal Infrastructure Through Arbitral Award Enforcement

The enduring rise of arbitration as a chosen route for dispute resolution has led to a surging requirement for arbitral awards to be acknowledged and executed in offshore jurisdictions. This developing trend is an observation underlined by some of the world’s strongest offshore jurisdictions— Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland, and…

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Navigating Voluntary Self-Disclosures: Consequences and Strategies for Export Violations

The realm of international trade and commerce is host to a multifaceted system of export control regimes. These systems are meticulously designed to bolster national security, limit the proliferation of sensitive technologies, and guarantee strict compliance to economic and trade sanctions. For organizations engaged in export activities, it’s essential to understand that violating these export…

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CAFC Upholds CIT Decision: Implications for Corporations and International Trade Law Practices

In a significant move for corporate legal professionals working within international trade, the Court of Appeals for the Federal Circuit (CAFC) has refused to reverse a Court of International Trade (CIT) decision concerning a reliquidation order. The case in question involved a dispute between Target Corporation and the United States government. This refusal by the…

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Customs Brokers Embrace Continuing Education Requirements in Evolving Trade Landscape

In the realm of international trade, the role of customs brokers is essential, and maintaining their competency through formal accreditation has been historically significant. Recently, changes to U.S. Customs & Border Protection (CBP) regulations have made this even more critical. The CBP published the Final Rule on continuing education for individual customs broker license holders…

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Alt Legal Acquires TM Cloud’s Docketing Business, Solidifying Market Dominance

Alt Legal, the cloud-based trademark docketing software company, has announced their fourth and most recent acquisition to be the docketing business and customers of TM Cloud, a competing provider of trademark and intellectual property docketing software. This acquisition sees Alt Legal expanding its customer base even more both domestically throughout the United States and across…

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UK’s Financial Services and Markets Act Ratification: A Turning Point in Post-Brexit Regulatory Framework

As legal professionals working in global corporations and law firms, it’s crucial to stay updated on significant legislative developments. One such key development is the recent ratification of the U.K’s latest Financial Services and Markets Act (FSM Act) on June 29, 2023. As described by Shearman & Sterling LLP, this act is the result of…

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CBP Centers’ Operational Weaknesses Raise Concerns in Trade Community

Recent audit findings on the U.S. Customs and Border Protection’s (CBP) Centers of Excellence and Expertise (Centers) have been a cause for concern within the trade community. The audit, conducted by the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) in March 2022, revealed significant weaknesses in the Centers’ operational processes and internal…

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