CFIUS Letter

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DEPARTMENT OF THE TREASURY

WASHINGTON, D.C.

August 31, 2022

Stephen Murphy
Locke Lord LLP
701 18th Street NW
Washington, DC 20001

Re: Declaration D22-097: Fufeng Group Limited (Cayman Islands; UBO: China)/Certain
Assets in the Vicinity of Grand Forks, North Dakota

Dear Mr. Murphy:

The above-referenced declaration submitted July 27, 2022 by Fufeng USA Incorporated
(“Fufeng”) informed the Committee on Foreign Investment in the United States (CFIUS) of the
indirect acquisition of assets in the vicinity of Grand Forks, North Dakota by Fufeng Group
Limited (the “Transaction”).

Subsections 721(a)(4)(B) and (b) of section 721 of the Defense Production Act of 1950, as
amended, authorize the President, acting through CFIUS, to review covered transactions.

Under this authority, CFIUS has assessed all of the information provided by Fufeng regarding
the Transaction that is the subject of the declaration. The Staff Chairperson has determined that
the information provided by Fufeng is insufficient for CFIUS to assess the Transaction, and
fewer than all parties to the Transaction submitted a declaration. Pursuant to 31 C.F.R.
§ 800.404(b), CFIUS requests that the parties file a notice regarding the Transaction in
accordance with 31 C.F.R. part 800, subpart E. If the parties do not file a notice, CFIUS may use
other authorities available to it, including, without limitation, initiating a unilateral review of the
Transaction.

Within five business days of receipt of this letter, please notify CFIUS whether the parties will
file a notice regarding the Transaction and, if so, the date the parties expect to file.

Please direct any questions that you may have concerning this matter to Richard Rowe at (202)
622-4865.

Sincerely,

Andrew D. Fair
CFIUS Staff Chair

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