Taiwan’s CPTPP application followed by China’s CPTPP application.

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According to a Reuters article, Taiwan’s economy minister, Mei-hua Wang, voiced concern last week after China’s “sudden” decision to apply to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) following Taiwan’s application.

In response, the Taiwan economy minister claims China’s current policies are counter to the principles of free trade and transparency expected by CPTPP members – such as China’s use of import bans and potential inability to meet the high standards required of CPTPP participating countries.

According to the Reuters article, one such motivation for China’s sudden application is because China views Taiwan as part of its territory and does not want Taiwan to join before they join.

The CPTPP was originally going to be known as the Trans-Pacific Partnership (TPP) but the trade agreement was drastically changed in 2017 when former President Donald Trump withdrew the US from the agreement. This led to creation of the current CPTPP linking the following countries: Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Besides Taiwan and China, Britain is also applying for membership.

Lastly, Reuters writes Taiwan has been heartened by recent progress towards trade agreements with the United States and the European Union, which are both frustrated with China’s lack of progress in opening its economy and are keen to show their support for Taiwan’s democracy and much freer market policies.

Counterfeit auto parts seized by CBP.

Seized shipment of counterfeit auto parts; source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers in Philadelphia seized counterfeit Chinese vehicle parts in June consisting of door locks, hinges, powered mirrors, steering wheel switches, headlights and taillights, grills, rear bumpers, and paint kits. As the goods from China were branded with “Mercedes-Benz”, CBP officers suspected the goods may have been counterfeit. CBP Officers confirmed with the trademark holder and seized the goods for being counterfeit. The estimated retail value of the goods, if authentic totals $295,052.

If your shipment of goods from China has been detained or seized for suspicion of being counterfeit, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com 24/7 for immediate assistance.

Withhold Release Order issued for Xinjiang Production and Construction Corps.

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The U.S. Department of Homeland Security announced today that U.S. Customs and Border Protection (CBP) at the over 400 ports of entry into the US will detain all shipments from Xinjiang Production and Construction Corps (XPCC).

The Withhold Release Order (WRO) was issued for XPCC based on information that reasonably indicates XPCC uses forced and convict labor in their cotton and cotton products.

The recent WRO is the sixth issued by CBP against goods manufactured by forced labor in China’s Xinjiang Uyghur Autonomous Region. Under a WRO, importers have two options,

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention at all U.S. ports of entry of all cotton products produced by the XPCC and any similar products that the XPCC produces. Importers of detained shipments have two options – export the shipment or demonstrate the merchandise was not producd with forced labor.

If you have had your shipment detained for a violation of an active WRO – contact trade attorney David Hsu by phone or email at 832-896-6288 or attorney.dave@yahoo.com.

Suspected goods made from Chinese forced labor seized by CBP.

Image of seized gloves; source: CBP.gov

CBP seized 32 cartons of women’s leather gloves suspected of being manufactured by forced labor. CBP believes the shipment may have been made from forced labor because the shipment originated from the Xinjiang Uyghur Autonomous Region. As you may or may not know, the Xinjiang region is where the CBP media release reports the Chinese is committing human rights abuses against the Uyghur people and other ethnic and religious minorities.

The shipment was detained under a “Withhold Release Order” (WRO) against Yili Zhuowan Garment Manufacturing Company Limited and Baoding LYSZD Trade And Business Company Limited. A WRO is typically issued against a manufacturer after CBP conducts an investigation. The investigation will look for forced labor indicators such as restriction of movement, isolation, intimidation, threats, withholding of wages and abusive working and living conditions.

If CBP issues a WRO, this enables CBP personnel at the port of entry to detain the shipment if there is a reasonable belief the goods were made by forced labor. WRO seizures are not able to be admitted to the US and Importer of Records of WRO goods have 90 days to re-export detained shipments or submit proof to CBP the goods were not made with forced labor.

If your goods are subject to a WRO and you want to discuss your options – contact David Hsu by phone/text at anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

Customs seizes fake watches valued at nearly $2 million.

Image of seized watches, source: CBP.gov


U.S. Customs and Border Protection (CBP) officers in Ohio seized 54 counterfeit watches from two packages shipped from China – and according to CBP, if authentic would total over $1.9 million.

According to Customs, the fake watches were replicas of luxury brands such as: Audemar Piguet, Rolex, Cartier, and Gucci. The watches were manifested as “timers and “watch” with a declared value of $33 and $200.

Author’s note – usually Customs will detain suspected counterfeit goods and then verify the authenticity of the watches. Authenticity usually occurs by sending photos or samples to the property rights holder. 100% of the time the property rights holder will say the goods are counterfeit. During this period of time, there is nothing for the importer to do, except wait to receive notice the goods will be seized. A “Notice of Seizure” will be sent to the address where the watches were to be sent – after you receive a Notice of Seizure, be sure to mark the date of the letter. You will have 30 days to respond to a seizure notice.

If you have received a seizure notice and want to discuss your options – call David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Huawei chip supply diminishing due to US export sanctions, may soon halt production of their Kirin chipset.

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As you are aware, in May 2019 the US Government added Huawei and its affiliated entities to the entity list – preventing US firms from selling technology to Huawei without a license. Huawei was to remain on the list until 2021. However, in May 2020, the US Department of Commerce changed the export rule to stop any shipment of semiconductors chips to Huawei from any company that produced chips using US software and technology, unless they applied for a license.

The May 2020 revised rule had an immediate impact on Huawei. For example, Taiwan Semiconductor Manufacturing Company (world’s largest semiconductor manufacturer) stopped accepting any orders for Huawei in May following the new rule.

Huawei’s consumer business unit CEO Richard Yu, said the chips purchased from foreign semiconductor manufacturers that use US software and technology will stop production on September 15th. Without chips from foreign manufacturers, Huawei will no longer be able to manufacture their Kirin chips.

If you have any questions about Huawei or want to ensure you are not violating any export controls, contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Canadian government silent on Huawei 5G.

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Canada’s three major telecommunications companies have previously rejected use of Huawei Technologies equipment for Canada’s 5G-network. However, after two years, Canada’s government is still reviewing the potential for Huawei involvement in Canadian 5G.

Currently, Telus Corp, Bell Canada and Rogers Communications have all agreed to not choose Huawei and instead look at Ericcson and Nokia for 5G equipment. It is unknown why the shift away from Huawei, as Telus Corp and Bell Canada previously chose Huawei as the more affordable option.

As you are aware, Canada is facing pressure from the US and the UK to seek alternatives to Huawei. If you or your company does any export business with Huawei, contact our office for a no cost obligation. Contact David Hsu by phone/tezt at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

HSBC may face retaliation if UK bans Huawei equipment.

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According to the Telegraph, HSBC Holdings PLC (HSBC) Chairman Mark Tucker is reported to have told one of the British Prime Minister’s advisers that HSBC bank in China could face retaliation if Britain bans networking equipment from Huawei Technologies.

This past January, Britain designated Huawei a “high-risk” vendor and placed a limit to Huawei’s 5G participation in the UK 5G network at 35% and excluding Huawei form the data-heavy core of the network.

In addition, there are current discussions with entirely removing Huawei out of the 5G network by 2023.

President Trump to sign Uyghur Human Rights Policy Act in response to China’s persecution of Muslim Uyghurs.

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According to CBN News, the Trump administration will sign the “Uyghur Human Rights Policy Acts” this upcoming week – legislation that was passed through both houses of the usually contentious Congress.

The passage of the “Uyghur Human Rights Policy Acts” is the first legislation passed by any nation that has addressed Uyghur’s political, economic, social and religious rights and persecution by China’s communist party. The significance of the new act is the ability to impose Magnitsky sanctions against Chinese officials who have been responsible for persecuting religious and ethnic minorities in China.

The Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Magnitsky Act) authorizes the US government to sanction individuals who perpetrate human rights offenders, freeze their assets, and can ban individuals from entering the US.

Uyghurs are an ethnic minority in China that practice Islam and in recent years (since approximately Spring of 2017), China’s communist regime has been forcing Uyghurs to denounce their religious practices and adopt more non-traditional way of life. According to CBN, more than 3 million Uyghurs are being detained against their will.

New trade war? China advises its citizens to not visit Australia.

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According to the Japan Times website today, China’s Ministry of Culture and Tourism advised China’s citizens not to visit Australia due to racial discrimination and violence against Asians due to COVID-19 pandemic.

However, Australia believes Friday’s travel advisory is in retaliation for Australia advocating an investigation into the origins of the coronavirus pandemic. A claim verified when Chinese Ambassador to Australia – Cheng Jingye told Australian media that the country might face a Chinese boycott of its tourism and exports of wine, beef and other goods if the government pressed for a corona virus inquiry.

This travel advisory is in addition to the 80% tariffs China has placed on the import of Australian barley and a beef ban on Australian beef suppliers due to labeling issues. Australia argues they do not want a trade war and that no evidence supports dumping of Australian barley or errors in beef labeling.

If you have any trade, import, export, or compliance questions – feel free to contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.