Breaking news – Section 301 Statement by US Trade Rep. Robert Lighthizer and list of Chinese goods impacted by $200 billion in tariffs.

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Robert Lighthizer, official portrait, work of the U.S. Federal Government

U.S. Trade Representative (USTR) Robert Lighthizer released a statement today regarding Section 301 of the Trade Act.

The full statement can be read here.

Here’s a summary of the statement:
1. Last Friday, US started imposing tariffs of 25% on $34 billion worth of Chinese imports.
2. Will eventually cover $50 billion in Chinese imports.
3. Tariffs are against products that benefit from China’s industrial policy and forced technology transfer practices.
4. China retaliated with $34 billion in tariffs and threats on $16 billion more.
5. In resopnse to China’s retaliation, President Trump ordered tariffs of 10% on an additional $200 billion in Chinese imports.

Brief history of the 301 tariffs:
1. Last August (2017), President Trump asked USTR to begin the Section 301 process. The basis of the 301 was due to China’s”abusive trading practices with regard to intellectual property and innovation.”
2. USTR conducted investigation, published 200 page report showing: “China has been engaging in industrial policy which has resulted in the transfer and theft of intellectual property and technology to the detriment of our economy and the future of our workers and businesses. ”
3. The USTR also found these “practices are an existential threat to America’s most critical comparative advantage and the future of our economy: our intellectual property and technology.”

To view the Federal Register notice and list of proposed tariffs on $200 billion of Chinese imports, click here.

If you have any questions how these 301 tariffs may impact your business, or if you would like to submit comments to the US Government, please contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Tesla raises car prices in China amid potential US/China trade war.

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Reuters is reporting the price of Model S and Model X Tesla vehicles have increased by over $20,000 in China. Reuters cites the website Electrek’s report on Monday.

China already raised tariffs on U.S. car imports in response to President Trump’s move on imposing tariffs on $34 billion worth of Chinese goods.

The raise in prices in China come after a decrease in prices as recently as this past May – when Model X vehicles were discounted $14,000. Electrek reports that 17% of Tesla’s 2017 revenue was from China sales and that Tesla estimates shipping 15,000 cars a year to China.

 

CBP seizes a combined $92K in unreported currency from 5 different foreign-bound travelers.

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U.S. Customs and Border Protection (CBP) officers seized nearly $91,819 from 5 different sets of travelers for violating federal reporting laws of currency in excess of $10,000 or more.

The most recently reported CBP currency seizures included:

  1. $18,171 in U.S. dollars and foreign currency from a family heading to Germany. The family reported $9,500. CBP released 700 Euros ($819 USD conversion) and 3,170 Shekels ($871 USD conversion) to the family for humanitarian purposes.
  2. CBP officers seized $22,449 in U.S. dollars and foreign currency from a man traveling to Austria. The man reported 15,000 Euros but Officers found an additional $4,957 in U.S. dollars on the man’s body and in a carry-on bag.
  3. CBP officers seized $15,650 in U.S. dollars from a woman boarding a flight to Austria Tuesday. The woman reported $9,000. Officers discovered additional currency within a purse and a carry-on bag. Officers released $650 to the woman for humanitarian purposes and released her.
  4. CBP officers seized $13,164 in U.S. dollars from two women boarding a flight to the UAE. The women reported $9,500 but officers discovered additional currency. Officers released $964 to the women for humanitarian purposes and released the women.
  5. CBP officers seized $22,385 in U.S. dollars from a family boarding a flight to Ghana. The family – husband, wife and wife’s sister – reported $5,000 and $7,000. Officers discovered additional currency in envelopes on all three persons that the man claimed to be his. Officers released $385 to the family for humanitarian purposes and released the family.

CBP reports the travelers were either citizens of the U.S., Jordan, Pakistan, or Ghana. None was arrested.

While not mentioned in the CBP release, here’s more information about currency seizures:

  1. You have to report US and foreign currency.
  2. You have to report anything you have while entering or leaving the US.
  3. If you are with your family, they will count the family as 1 person. Each individual family members do not have a $10,000. Like above, I suspect the family going to Ghana in #5 above thought the $10,000 limit was per person.
  4. Humanitarian purposes means CBP will give you some of your money if they believe you will need the money to travel to your ultimate destination.

If you or someone you know has had currency seized, contact experienced currency seizure attorney David Hsu immediately, the time is running on getting your money back. Call 832-896-6288 today or email attorney.dave@yahoo.com.

 

ZTE Open for US Business – sort of and only until August 1, 2018.

According to the US Department of Commerce, Bureau of Industry and Security (BIS) website, ZTE has authorization by BIS for “Limited Service” from July 3rd – August 1st, 2018.

On July 3rd, BIS granted a limited authorization for all persons to engage in business with ZTE under the 4 following circumstances:

  1. Engagement with ZTE for all contracts entered into with ZTE before April 15, 2018.
  2. Engaging in the support, service, software updates and patches to ZTE phones.
  3. Disclosure to ZTE of information regarding security vulnerabilities in items owned, possessed or controlled by ZTE.
  4. Limited transfer of funds – can make or receive payments to and from ZTE if transactions are pursuant to this authorization.

The full text can be found here.

Any other transactions with ZTE are still subject to the denial order of April 15, 2018. The denial order is only lifted once ZTE pays the $400,000 into an escrow account. According to the superseding order that outlines the ZTE deal, ZTE has 90 days to pay the escrow funds (until September 6, 2018).

Check out my other ZTE-related blog posts:

ZTE deal is good to go – House bill does not include Senate language “undoing” ZTE deal.

In-depth details of the ZTE deal.

Senate passes amendment to undo Trump’s ZTE deal.

Deal reached between the US and ZTE.

ZTE facing $1.7 billion penalty?

The real reason Trump is working to reverse the 7 year ZTE ban? To help U.S. companies!

CNBC reports the US and ZTE are working on alternatives to the denial order issued against ZTE back in April of this year.

ZTE estimated to lose $3.1 billion due to US sanctions (Bloomberg).

Deal reached to allow ZTE to purchase U.S. hardware and software?

ZTE may need to change management and board in order to access US suppliers.

ZTE report to the HKEX on the impact of the US denial order: “major operating activities of the Company have ceased”.

ZTE and Huawei banned for sale to US military personnel.

ZTE banned from purchasing US technology for 7 years.

If you have any questions whether your company can start engaging with ZTE, call trade specialist David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP Stops Invasive Insect at Detroit Airport.

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Screenshot of CBP website photo of the Khapra Beetle. Credit: CBP

According to a CBP news release on July 5th, CBP Agricultural Specialists officers in Detroit inspected a traveler from Iraq. The traveler was bringing in seeds to grow in her garden, however the Agricultural Specialists found the seeds were infested with Khapra Beetles.

According to the CBP site, the Khapra Beetle is “considered to be one of the world’s most destructive pests of stored grain products and seeds. This small but persistent insect has a wide-ranging appetite and can spoil anything from stored corn to pasta. It also very difficult to control because it can survive without food for long periods and can resist many insecticides.”

CBP Agriculture Specialists are the unsung heroes who work around the clock at the hundreds of ports of entry by sea, land and air to stop pests from causing harm to our country.

Fake Super Bowl rings seized by CBP.

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According to a Customs and Border Protection (CBP) media release, CBP agents in Philadelphia seize fake Super Bowl rings worth $1 million dollars if authentic.

I did a quick search and found listings for Super Bowl rings ranging in price from $9.99 to $99.99 on alibaba.com. The CBP media release claims authorized replicas retail from around $10,000, but I did not seem to find a link to purchase authorized replicas.

CBP seized the 108 counterfeit rings because they contain trademarks belonging to the National Football League. CBP noted the poor craftsmanship of the rings from Hong Kong and the NFL confirmed the rings to be counterfeit.

If you have had property seized by Customs, contact David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, there may be something we can do to protect you from further civil or criminal liability.

ZTE deal is good to go – House bill does not include Senate language “undoing” ZTE deal.

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Last Thursday, the US House of Representatives (“House”) passed its version of the defense appropriations bill, formally known as the the “John McCain National Defense Authorization Act for Fiscal Year 2019”, or “NDAA” for short.

The House bill passed on a 359-49 vote and authorized $675 billion in defense spending for next year. The final bill does include the Senate language prohibiting ZTE and Huawei from selling goods or services to the Pentagon.

More importantly, the final bill does not include Senate language that would have “undone” ZTE’s deal ($1 billion in fines, US government oversight, $400k in escrow, etc.) Despite bipartisan support in the Senate for amended language that would have prevented a deal with ZTE, the House did the right thing and removed this amendment from the final bill.

News of this final bill probably won’t make it to the news outlets, but this final bill is a win for President Trump and the administration – and will be the first time the US Government has had oversight of a large Chinese company.

With the ZTE deal saved and ZTE now eligible to buy hardware and software from US companies – companies such as Qualcomm, Lumentum, Oclaro, Broadcom, Intel, MACOM, Semtech, and other U.S.-based vendors in the ZTE supply chair are probably breathing a sigh of relief.

Check back for more ZTE news, if you have any questions about ZTE, trade or customs law, contact David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes hundreds of fake World Cup soccer jerseys.

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U.S. Customs and Border Protection (CBP) officials in El Paso seized four shipments shipped from China containing counterfeit Mexican national team soccer jerseys. The estimated retail value of these jerseys, if authentic, totals $66,390.

Prior to this seizure, CBP also seized 4 other shipments with Mexico, Germany and Brazil team jerseys totaling $47,340.

The CBP media release claims counterfeit goods harm the competitiveness of legitimate businesses and the items may be of poor quality and contain health and safety hazards to consumers. El Paso has made close to 400 seizures of goods for intellectual property rights violations with a seized MSRP of more than $3.8 million.

If you or someone you know has had their shipments seized by Customs, contact experienced trade attorney, David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP and Otter Products form partnership to prevent importation of counterfeit phone cases.

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On June 27th, U.S. Customs and Border Protection (CBP) announced a partnership with Otter Products, makers of the OtterBox and Lifeproof brand phone cases. OtterBox will provide phone cases to CBP under the “Donations Acceptance Program” (DAP) previously discussed on my blog here.

The donated cell phone cases will be for CBP’s use in verifying and comparing the authenticity of suspected counterfeit items.

The Donations Acceptance Program allows CBP to accept donations of real and personal property, money and non-personal services from the public and private sector entities in support of CBP operations. Authorized uses for donations include entry construction, alterations, operations and maintenance activities. More information can be found at: http://www.CBP.gov/DAP.

Not sure why someone would want to purchase OtterBox or OtterBox counterfeits – other cell phone case brands such as “Spigen”, “Caseology” and “Sup Case” make highly rated cases that are sold on Amazon and offer the same protection as an Otterbox.

CBP encounters first-in-US wood-boring wasp species.

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This past Thursday, agriculture specialists at U.S. Customs and Border Protection (CBP) in Baltimore found a first-in-the-US species of wood-boring wasps – the Urocerus augur Klug (Siricidae).

These wood-boring wasps are known to bore holes in trees and lay their eggs. From your author’s experience on wood-boring wasps, the wasps usually bore holes in dead or dying trees. However, when these wood-boring wasps are in the US, they tend to bore holes in living trees and then laying eggs, which eventually causes the tree to die.

In Baltimore, CBP/agriculture specialists were inspecting a shipment of aluminum coils from Greece and discovered the wasps and boring holes in the wood packaging material (WPM). A sample was sent to USDA entomologists for identification.

In general, WPM with invasive pests are required to be re-exported. If you or someone you know has had an issue with WPM certification or re-exportation of goods due to pests, contact David Hsu at 832.896.6288 or by email at attorney.dave@yahoo.com. Before you re-export, contact David Hsu, there may be some alternatives to re-exporting that will save you time and money!