In an unprecedented move, US President Joe Biden has decided to do the following: Temporarily pause the imposition of any duties or estimated duties that might result from the US Department of Commerce’s (Commerce) pending inquiry into whether crystalline silicon photovoltaic cells and modules (CSPVs) from Cambodia, Malaysia, Thailand or Vietnam (the target countries) are circumventing antidumping and countervailing duty orders on CSPVs from China; and Take action to increase the capability to produce CSPVs and components of CSPVs in the United States, as well as increase demand for such products.
On March 25, 2022, pursuant to allegations made by Auxin Solar Inc., the US Department of Commerce (Commerce) initiated a circumvention inquiry into whether imports of crystalline silicon photovoltaic cells (CSPVs) from Cambodia, Malaysia, Thailand or Vietnam (collectively, the Target Countries) are circumventing antidumping duty (AD) and countervailing duty (CVD) orders (Orders) on CSPVs from China that could profoundly affect the companies that import or rely on imported CSPVs in the United States.
On Jan. 11, EPA proposed more stringent National Emissions Standards for Hazardous Air Pollutants (NESHAPs) that apply to both major and area source primary copper smelters.
On March 15, 2021, acting Securities and Exchange Commission (SEC) Chair Allison Herren Lee formally sought comments on climate change-related disclosures in annual 10K and quarterly 10K public company filings.
On Feb. 11, EPA proposed updates to both the National Emissions Standards for Hazardous Air Pollutants (NESHAP) that apply to Lead Acid Battery (LAB) Manufacturing Area Sources (Subpart PPPPPP) and the New Source Performance Standards (NSPS) for LAB Manufacturing Plants (Subpart KK).
The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.
Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure.
As volatility in the cryptocurrency market has increased, regulators in the United States and around the world have indicated a willingness to impose tougher compliance requirements related to crypto assets. As a result, there is an increasing likelihood that companies that hold or deal in crypto assets may be subject to additional regulations in the coming years.
Manufacturers in the U.S. should take note of a new request for comment from the United States Trade Representative as a lack of support may lead to removal of the tariffs and surge in unfairly priced imports.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
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