Monthly Archives: June 2019

FCC Commissioner wants Huawei gear out of US networks.

June 23, 2019 By in entity list, FCC, Huawei, Uncategorized Tags: , Leave a comment

 

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Geoffrey Starks, source: FCC.gov

In another blow to Huawei, the current acting FCC commissioner, Democrat Geoffrey Starks says the US government should replace Chinese telecommunications gear currently installed on US networks.

As you are aware, the Commerce Department added Huawei to the BIS entity list in May of this year over concerns the Chinese government’s connection to Huawei could compromise US national security. Huawei’s addition to the entity list prohibits US companies from supplying parts and service to Huawei.

The reason the FCC commissioner wants to remove all Huawei equipment is out of fear foreign governments may disrupt US communication networks during times of national emergencies.

The full cnet interview is an interesting read if you have time and can be found here.

If you or your company supplies equipment to Huawei and want to know how the entity list inclusion of Huawei will impact your business, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei files lawsuit against Commerce Department for seizing equipment.

June 22, 2019 By in Huawei, Uncategorized Tags: , , Leave a comment
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According to Reuters, Huawei Technologies Company, Inc. filed suit against the U.S. Department of Commerce on Friday the 21st claiming the seizure of telecommunications equipment sent from China to the US and back to China was not covered under the Export Administration Regulations (EAR).

Specifically, Huawei claims the equipment was not subject to a license requirement because it did not fit into a controlled category (ECCN) as the hardware was being returned to China from which it came.

The equipment seized is a computer server and ethernet switch sent to California for testing and then seized on the shipment back to China.

Will post more updates as they become available.

FedEx mistakenly returns Huawei phone.

June 22, 2019 By in Uncategorized Leave a comment
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A tech writer from the UK tried to send a Huawei mobile phone to the US, but the phone was returned. The shipper in the UK filled out a form indicating the make and model of the phone (Huawei) and was surprised to have the phone returned to him without reaching the US.

As you are aware, Huawei was recently added to the BIS “Entity List” that prevents companies from exporting goods to Huawei. However, this ban does not impact individuals who are shipping phones.

FedEx did indicate the phone was returned by mistake and that they are aware there is no ban on shipment of Huawei products.

Huawei may seek higher royalties from US firms relying on Huawei’s 5G patents.

June 22, 2019 By in Huawei, Uncategorized Tags: , Leave a comment
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Reuters reported Huawei asked Verizon to pay $1 billion in royalties for use of more than 230 of Huawei’s patents on network equipment. In addition to Verizon, the Huawei CEO, Ren Zhengfei indicated Huawei may seek more royalties from other companies.

As reported by CNBC, Huawei has more than 69,000 patents worldwide and 49,379 patents pending – with 57% of patents in China and 18% in the US.

The request for additional royalties is likely due to Huawei’s inclusion on the BIS entity list, which resulted in Huawei forecasting a loss of $30 billion in revenue this year. As the ban will impact Huawei’s smartphone business, Huawei is likely to focus on other avenues for revenue – patent royalties.

EU to import more US beef.

June 20, 2019 By in beef, European Union, Uncategorized Tags: Leave a comment
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The European Commission reached an agreement with the United States to allow the importation of more hormone-free US beef into the European market, allowing US farmers to import up to 35,000 tons of beef.

Hormone treated beef has been banned in Europe since the 1980’s and in 2002 the proponents of the ban were further strengthened when an EU scientific committee reviewed 17 studies and confirmed the use of hormones as a growth promoter raised the health risk to consumers.

Mexico first country to ratify USMCA.

June 20, 2019 By in Uncategorized, USMCA Tags: , , , , Leave a comment
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This past Wednesday, Mexico became the first country to pass the new U.S.-Mexico-Canada Agreement (USCMA) to replace NAFTA. NAFTA was a free trade agreement also entered between the three countries over 25 years ago. As Mexico sends 80% of exports to the US, the passage of the trade agreement is a necessity for Mexico.

Canada’s Prime Minister Justin Trudeau is trying to get the deal through the Canadian Parliament while in the United States, House Speaker has not yet put the passage of the USMCA up for vote. The House Speaker and her Democrat allies hold a majority in the House and are requiring stronger enforcement mechanisms for the provisions related to labor and environmental rules.

If you have any questions how the new USMCA or old NAFTA will impact your  business, contact David Hsu at dh@gjatradelaw.com or attorney.dave@yahoo.com.

Canada bans importing/exporting shark fins.

June 20, 2019 By in shark fin, Uncategorized Tags: , , , Leave a comment
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According to the website politics.ca, the Canadian government revised their Fisheries Act to protect fish habitat, enact new sustainability efforts and banning the import and export of shark fins in Canada.

The United States still allows the importation and exportation of shark fins – however, each state has their own specific laws about the transportation of shark fins within state lines – some states require the fin to be attached to the body, others don’t. Before you move your shark fins, contact David Hsu first.

Also, if you have encountered any problems with US Fish and Wildlife regarding your importation or exportation of shark fins – feel free to David Hsu a call/text at 832-896-6288, or by email at dh@gjatradelaw.com, or attorney.dave@yahoo.com. The rule on shark fins is complex and the penalties are great.

Hong Kong Customs in the news again – seizing counterfeit dolls (stuffed animals?) from claw machines.

June 20, 2019 By in Hong Kong, Uncategorized Tags: Leave a comment
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According to the website insideretail.hk, it Hong Kong Customs authorities seized counterfeit dolls and toys found in “claw machines” as part of “Operation Octopus”. The total seized value of the goods totaled about $38,000 USD.

The article did not specify what type of dolls were counterfeit, but my guess is the stuffed animals were Hello Kitty, Disney or other licensed plush animals. No photo was included in the article – but most likely the word “dolls” here refers to stuffed animals.

HK Customs seized 2700 dolls, 15 claw machines and 5 change machines.

Hong Kong Customs seizes fake Apple and Samsung parts at a repair facility.

June 20, 2019 By in Hong Kong, iPhone, Samsung, Uncategorized Tags: , , , , Leave a comment
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According to a South China Morning Post article, Hong Kong Customs officials investigated and ultimately raided a cell phone repair shop after receiving complaints from a trademark holder (not specified whether Apple or Samsung complained).

The article claimed the repair shop refurbished devices for clients in the US, UK and Australia that sent second-hand phones for repair at 1/3 the typical rate of an authorized repair facility. The repairs typically included replacing the screen or housing.

HK Customs officials claimed the repair shop used counterfeit parts to repair damaged iPhones, and seized over $120,000 worth of fake goods.

Based on the article, I’m pretty sure Apple complained about the IP violations since most Samsung phones do not have the housing replaced when being refurbished. While not listed in the article, the IP violations probably were for the wordmark “iPhone” or the trademark Apple logo found on the back housing. The iPhone replacement glass do not have any IP marks, so the seized goods were most likely the housings.

If you have any cell phone seizures, contact experienced cell phone seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

No FDA import alert updates for kratom.

June 18, 2019 By in FDA, import alert, Uncategorized Tags: , , , Leave a comment
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The FDA frequently modifies alerts for food imports on their website here. For the most recent update on June 18, 2019, the entry for “DIETARY SUPPLEMENTS AND BULK DIETARY INGREDIENTS THAT ARE OR CONTAIN MITRAGYNA SPECIOSA OR KRATOM” remains unchanged.

Will update if/when the FDA modifies their import alert for kratom. If you have any kratom related import questions, contact experienced import attorney David Hsu by text/call on David’s mobile, 832-896-6288 or by email at his personal email: attorney.dave@yahoo.com or work address: dh@gjatradelaw.com.