The U.S. Department of Commerce is seeking information and public comments regarding its use of the Cohen’s d test in assessing targeted dumping. Targeted dumping refers to the practice of selling goods at prices that differ significantly among particular purchasers, regions, or time periods. Under section 777A(d)(1)(B)(i) of the Tariff Act of 1930, as amended
Commerce Publishes Final Amendments on Trade Remedy Regulations
On December 16, 2024, the U.S. Department of Commerce published the final rule for Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws. Commerce’s final rule revised certain AD/CVD provisions, including those related to filing requirements, the application of cash deposits, indicators used in surrogate country selection, the application of
Commerce Releases ANPRM to Bolster Drone Supply Chain Security
On January 2, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) soliciting public input on securing the supply chain for unmanned aircraft systems (UAS). BIS seeks to address supply chain risks posed by the involvement of foreign adversaries in UAS-related information and communication
Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation
At the inaugural Supply Chain Summit on September 10, 2024, the US Department of Commerce introduced an innovative diagnostic risk assessment tool, marking a significant investment in the U.S. government’s ongoing efforts to fortify the nation’s supply chain ecosystem.
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Cassidy, Whitehouse Propose Customs Modernization Act to Enhance CBP Authority, Strengthen Enforcement
On December 8, Senate Finance Committee members Bill Cassidy (R-LA) and Sheldon Whitehouse (D-RI) introduced the “Customs Modernization Act of 2023.” The act, which would amend the Tariff Act of 1930 “to strengthen the authorities of U.S. Customs and Border Protection (“CBP”) to enforce the customs and trade laws of the United States,” enhances CBP’s
BIS Expands Export Administration Regulations, Adds 13 Entities to Unverified List
On December 19, the Bureau of Industry and Security (“BIS”) added 13 new entities to its Unverified List (“UVL”). All 13 of these entities were added under the destination of the Peoples’ Republic of China (“PRC”) on the basis that BIS was unable to verify their bona fides.
The UVL contains the names and addresses
Commerce initiates review of Vietnam’s nonmarket economy status
In an October 24 press release, the U.S. Department of Commerce (“Commerce”) announced that it will initiate a review of Vietnam’s current status as a “nonmarket economy”. Commerce’s decision follows an official request submitted by the Government of Vietnam on September 8, 2023, to recognize the country as a market economy, and a recent
U.S. Department of Commerce Joins with Allied and Partner Countries to Recommend Best Practices, Including Specific End User Assurances, To Prevent Diversion of 45 High Priority Items to Russia
On September 28, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), alongside the UK, Australia, Canada, New Zealand (termed the “Export Enforcement Five” or “E5,”), as well as the EU, issued new guidance with recommended best practices to help prevent a list of “high-priority items” from being diverted to Russia.
These
Final Rule from Commerce on National Security Guardrails for CHIPS Act Funding: Restrictions on China and Other Countries of Concern
- Key takeaway #1 Specific Guardrails Subject to Negotiation: The Final Rule indicates that more of the national security guardrails will be negotiated with the recipient, creating the opportunity for project specific agreements.
- Key takeaway #2 Broader than the EAR: The CHIPS Act national security guardrails have some overlap with U.S.
U.S. Department of Commerce Releases Text from IPEF Agreement on Supply Chains
On September 7, 2023, the U.S. Department of Commerce released the text of the Indo-Pacific Economic Framework for Prosperity (IPEF) Supply Chain Agreement three days before a U.S. delegation is set to travel to Bangkok, Thailand for the fifth negotiating round. In this round, IPEF partners will focus on Pillars I (Trade)