Fufeng USA Looking To Move Ahead With Grand Forks Project After Federal Agency Review Suddenly Ends
GRAND FORKS, N.D. (KVRR) — A company with ties to China, Fufeng USA, is moving ahead with its proposed wet corn milling plant in Grand Forks.
The move comes after the federal agency tasked with reviewing the project determined that the land acquisition was not a “covered transaction” and they do not have jurisdiction.
The Committee on Foreign Investment in the United States will not be taking any further action.
The Treasury Department even announced that it will refund the filing fee.
Sen. Kevin Cramer has voiced opposition to the project saying he doesn’t want to give the Chinese government access to critical American supply chains.
Grand Forks Mayor Brandon Bochenski says he’s aware of Cramer’s concerns and says that’s why the city has done its due diligence in vetting the project.
**LETTER BELOW**
Stephen Murphy
Locke Lord LLP
701 Eighth Street, NW
Washington, DC 20001
Re: CFIUS Case 22-239: Fufeng Group Limited (Cayman Islands)/Certain Assets in the
Vicinity of Grand Forks, North Dakota
Dear Mr. Murphy:
Your notice submitted on October 17, 2022, informed the Committee on Foreign Investment in
the United States (CFIUS) of the acquisition of Certain Assets in the Vicinity of Grand Forks,
North Dakota by Fufeng Group Limited (the “Transaction”).
Section 721 of the Defense Production Act of 1950, as amended, authorizes the President, acting through CFIUS, to review and investigate certain mergers, acquisitions, and takeovers that could result in foreign control of any person engaged in interstate commerce in the United States and
certain other investments by a foreign person in an unaffiliated U.S. business.
After receiving a filing, CFIUS must determine that it has jurisdiction to review the transaction
before taking any other action. You filed your notice pursuant to 31 C.F.R. Part 800, which
pertains to “covered transactions” as defined at 31 C.F.R. § 800.213.
CFIUS has reviewed the information provided to it regarding the Transaction, including but not limited to the notice submitted on October 17 and the answers the transaction parties provided in response to the Committee’s additional questions. Based upon the specific facts and
circumstances, CFIUS has concluded that the Transaction is not a covered transaction and
therefore CFIUS does not have jurisdiction under 31 C.F.R. Part 800. CFIUS reserves all rightsand authority under Section 721 to initiate a new review of the matter as permitted by law,
including if information comes to light demonstrating that the transaction parties omitted
material information or submitted false or misleading material information in the above
referenced filing in a manner that would afford CFIUS jurisdiction.
In accordance with 31 C.F.R. § 800.1105(b), Treasury will refund the filing fee paid by the
parties in connection with the notice. To facilitate this refund, please send an email to
CFIUSrefunds@treasury.gov with the CFIUS Case number 22-239, Pay.gov payment reference number for the filing fee, and the following information for the recipient of the refund: company name, tax ID number, address, routing number, account number, and account type (checking or savings).
Sincerely,
Andrew Fair
CFIUS Staff Chair
