Author Archives: Trade, Customs and Import, Export Attorney

Huawei’s OS is 60% faster than Android.

July 8, 2019 By in entity list, Huawei, Uncategorized Tags: Leave a comment
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Despite a recent reprieve prohibiting doing business with Huawei, Huawei is still going forward with their Hong Meng OS, an alternative to Android.

Based off testing on Chinese handset brands Oppo and Vivo, it is believed that Hong Meng OS is 60% faster than Android. In addition, Huawei is also preparing an app store alternative to Google’s Play and Apple’s App store.

In the same interview, Huawei’s CEO also countered speculation that Huawei handsets could be used for surveillance by talking up Huawei’s protection of user data, claiming it would never hand over data to the Chinese government because it would be too risky for its reputation internationally, stating:

“We will never do such a thing. If I had done it even once, the US would have evidence to spread around the world. Then the 170 countries and regions in which we currently operate would stop buying our products, and our company would collapse,” he told the Financial Times.

“After that, who would pay the debts we owe? Our employees are all very competent, so they would resign and start their own companies, leaving me alone to pay off our debts. I would rather die.”

If you have any questions how the Huawei ban may impact your business or want to be sure your export compliance program meets the ever-changing needs, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts pests found in peonies.

July 8, 2019 By in pests, Uncategorized Tags: 1 Comment
Polydrusus sp_photo for news release

Image of the polydrusus, source: CBP Media Release

According to a CBP media release on Monday, July 8th, CBP agriculture specialists at Dallas/Fort Worth International Airport (DFW) discovered a live insect in a shipment of fresh cut peony flowers from Italy. The live inspects were submitted to the U.S. Department of Agriculture (USDA) and was identified as a Polydrusus. The Polydrusus is a pest that damages the host plant, mostly fruit trees, by causing heavy destruction to the leaves and buds.

CBP seized the entire shipment and subsequently destroyed the shipment by steam sterilization.

If you have had an seizure for pests, or wood-boring wasps and want to discuss your options on what to do after a shipment has been seized for pests, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Canadian Conservative leader Andrew Scheer calls for more inspections on Chinese imports and potential tariffs.

July 8, 2019 By in Huawei, Uncategorized Tags: , , , , Leave a comment
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According to Canada’s National Observer, Conservative Leader Andrew Scheer has urged Prime Minister Justin Trudeau to step up inspections on all products from China and to consider levying tariffs on imports on Chinese imports.

The request was sent by letter last Friday in which Scheer urged Prime Minister Trudeau to take a harder line on China’s second largest trade partner. China detained two Canadians in December just days after Canada arrested Chinese high-tech executive Meng Wanzhou in Vancouver on a U.S. extradition warrant. Additionally, China has increased inspections that have led to the suspension or obstruction of key Canadian agricultural imports, including pork and canola. Last week, China announced an additional suspension of all imports of Canadian meat products because of claimed concerns over fraudulent inspection reports.

In Scheer’s publicly released letter, he writes: “There is no other way to put this: Canada is being bullied by the Chinese government and you have done nothing to stand up for Canada in response”. Scheer asks Prime Minister Trudeau to increase Canadian inspection of all imports from China and the potential of placing tariffs on some of the $75 billion worth of goods imported from China last year.

American economist warns Taiwan not to take sides in US-China trade war.

July 8, 2019 By in Uncategorized Tags: , Leave a comment
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According to Taiwan News online, American economist Tyler Cowen said on Monday (July 8) that Taiwan cannot afford to take sides in the U.S.-China trade war, reported Central News Agency.

The publication Business Today (今周刊) invited Tyler Cowen for a panel discussion in Taiwan in which Cowen argued Taiwan may be a loser in the trade dispute between the US and China if they chooe which of the two biggest economic powers to support.

According to Cowen, Taiwan is in a catch-22 situation, Cowen states: “Taiwan is close to China, has made massive investments, and high-income manpower flows into China. On the other hand, China’s increased military deployments in the South China Sea should be a clear sign that China’s intentions are not friendly”.

According to Taiwan News, Tyler Cowen is an economics professor at George Mason University and serves as general director of George Mason’s Mercatus Center, a university research center that focuses on the market economy.

If you have any questions or would like to learn how to save on duties during the current US/China trade war, contact experienced trade and customs attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CNBC reports Huawei personnel links to China’s military intelligence.

July 8, 2019 By in blacklist, Huawei, Uncategorized Tags: , , Leave a comment
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CNBC published an article online citing a study conducted by Christopher Balding, an associate professor at Fulbright University Vietnam, and London-based conservative think tank Henry Jackson Society. The study looked at resumes and curriculum vitae of Huawei employees and they report that “key mid-level technical personnel employed by Huawei have strong backgrounds in work closely associated with intelligence gathering and military activities.” The paper said that some employees had “to specific instances of hacking or industrial espionage conducted against Western firms”.

The resumes and personal information was leaked when a website and database run from a recruitment firm was compromised and published online.

In response, Huawei has claimed they are unable to verify the Huawei employee information and cannot confirm whether the “veracity of all of the information published online”. In response, Huawei also states that “Huawei maintains strict policies for hiring candidates with military or government backgrounds. During the hiring process, these candidates are required to provide documentation proving they have ended their relationships with the military or the government”.

A Huawei spokesperson also added: “We welcome professional and fact-based reporting on investigations into Huawei’s transparency. We hope that any further research papers will contain less conjecture when drawing their conclusions, and avoid so many speculative statements about what Professor Balding ‘believes,’ ‘infers,’ and ‘cannot rule out,’”.

If you have questions about how the Huawei inclusion on the BIS entity list means for your business, contact export license attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Taiwan to cut tariffs on sake and Japan farm and fishery products as it looks to join TPP.

July 7, 2019 By in Japan, Uncategorized Tags: , , , , , Leave a comment
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According to the Japan Times, in an effort to join the Trans-Pacific Partnership multilateral free trade pact (formerly the Trans-Pacific Partnership), Taiwan will lower its tariffs on Japanese sake from 40% to 20% along with reductions in tariffs for Japanese farm and fishery products. The reduction in tariffs is to demonstrate Taiwan’s commitment for free trade.

While open to free trade, Taiwan still does not allow imports from five Japanese prefectures impacted by the Fukushima nuclear power station crisis that occurred in 2011.

Will post any updates if and when Taiwan is admitted to the TPP.

African Continental Free Trade Area (AfCFTA) next big free-trade zone since the WTO?

July 7, 2019 By in AfCFTA, Uncategorized Tags: , , , , 2 Comments
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Big news out of Africa from over the weekend from News Wires – African leaders met this past weekend to begin a continental free-trade zone that if passed by all 55-nations, would unite 1.3 billion people and create a $3.4 trillion economic block, the largest free-trade zone since the WTO was established in 1994.

The agreement to create the AfCFTA has been in the works for the past four years and is Africa’s effort to catch up on regional trade versus Asia and Europe. In 2017, African exports were 17% of exports versus 59% in Asia and 69% in Europe. The creation of the AfCFTA is an effort to boost growth in Africa as it has in Europe and North America.

However, Africa is a large continent and each individual country has concerns whether a new trade area will really benefit their country. The article cites Nigerian officials concerned the free trade area will result in a flood of cheaper goods that hinder efforts to increase local manufacturing. On the other hand, South African manufacturers see the free trade area as a benefit as they would be able to expand into the West and North Africa countries.

Will post news regarding the passage of the AfCFTA as it becomes available.a

US imposes 400% duties on steel imports from Vietnam.

July 5, 2019 By in ADD/CVD, U.S. Customs and Border Protection, Uncategorized Tags: , , Leave a comment
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In early July, the Commerce Deparatement said certain products produced in South Korea and Taiwan were sent to Vietnam for minor processing before being exported to the US. The steel included corrosion-resistant stell and cold-rolled steel. The Commerce department imposed duty rates as high as 456.23% on imports from Vietnam if they were using material from South Korea or Taiwan.

While Vietnam has been benefitting from the increased duties against Chinese goods – Vietnam’s shared border with China helps the supply chain for manufacturers who go south of the border to avoid the 301 China duties.

However, Trump was quoted as saying Vietnam as the ““almost the single-worst abuser of everybody”, a statement viewed as a potential hint of the next target of his sanctions.

Vietnam is not alone in having companies “tranship” goods through Vietnam to avoid paying tariffs. CBP is also investigating six American companies for evading anti-dumping duties who importing carbon steel pipe fittings through Cambodia.

If you have any questions about anti-dumping, or would like to know how to reducing AD/CVD duties or under investigation for transshipment. Contact experienced antidumping attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Delaware CBP reports 2 insect discovery firsts.

July 5, 2019 By in invasive species, Uncategorized, USDA Tags: , , , , Leave a comment
Ozodes multituberculatus

Ozodes multituberculatus. source: USDA photo.

CBP agriculture specialists along with the USDA confirmed the first arrival of two insects at the Wilmington, Delaware port.

In early June, CBP agriculture specialists found an long-horned beetle, an invasive species int he US as they bore into wood and can cause extensive damage to trees. The following week, CBP agriculture specialists discovered an adult weevil in pineapples from Guatemala – the weevils post a threat to our domestic grains and crops.

In the event pests are found, the common CBP protocol is to re-export and fumigate the shipment.

If you have had a shipment or container seized due to the presence of pests such as the weevil, beetle or wood boring wasp or other insect, contact experienced fumigation attorney David Hsu by phone/email at attorney.dave@yahoo.com, or dh@gjatradelaw.com.

Vietnamese Furniture makers win in Trump’s trade war.

July 5, 2019 By in ADD/CVD, furniture, transshipment, Uncategorized Tags: , , , , , , Leave a comment
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A Bloomberg article highlights one of the winners in Trump’s trade war with China – that being Vietnamese furniture manufacturers.

With imports of Chinese furniture subject to a 25% duty in addition to any applicable anti-dumping or countervailing duties, furniture companies in Vietnam are cashing in as the tariff-free alternative to Chinese manufacturing.

The Bloomberg article quotes, the CEO of Xuan Hoa Vietnam Joint Stock Co., a furniture company that has seen a boom in international visitors – including Ikea. Xuan Hoa is a long time Ikea manufacturer (past 17 years) and their ability to produce cheaper than China is only increasing under the trade war.

In addition to not being subject to 301 duties or AD/CVD duties, the Bloomberg article cites labor costs half of what they are in China and lower electricity costs as it is subsidized by the government. Vietnam’s shared border with China also allows for the ease of materials and components.

If you are a furniture importer from China and want to learn how to save on import duties, contact trade and customs attorney by mobile/text at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.