China’s Ministry of Commerce publishes Section 301 Retaliatory Tariff List.

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Yesterday, the People’s Republic of China, Ministry of Commerce (MOFCOM) issued Announcement 34. Announcement 34 states that the PRC will implement tariffs of 25% on soybeans, various agricultural products, chemicals, automobiles and airplanes, encompassing a total of 106 U.S. products in response to recent tariffs issued by the current administration.

A simplified Chinese-only version of 2018’s Announcement 34 can be found here.

If you have any questions about whether these tariffs will effect your exports to China, contact bilingual and experienced trade and customs attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Renegotiated KORUS FTA results in changes more favorable to US companies.

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According to the Office of the United States Trade Representative website, the Trump administration has negotiated additional favorable terms of the United States – Korea Free Trade Agreement (KORUS) that went into effect in 2012.

Fulfilling part of his campaign promises, President Trump has re-negotiated the KORUS with these (and many more) favorable changes to US companies:

1. Korea will double the number of US automobile exports to 50,000 cars per manufacturer per year.

2. US automobile exports to Korea that meet US safety standards can enter the Korean market without further modification. This lowers the cost of US cars being sold in Korea as additional testing and modifications are not needed before the US cars are sold in the marketplace.

3. Korea will recognize US standards for auto parts to service US vehicles in Korea, this reduces the labeling burden for US parts manufacturers.

4. Korea will amend their Premium Pricing Policy for Global Innovative Drugs to ensure non-discriminatory and fair treatment for US pharamceutical exports.

5. Korea imports of steel products into the US will be subject to a product-specific quota equal to 70% for the average annual import volume of such products during the years 2015-2017, resulting in reduction of Korean steel shipments to the US.

If you have any questions regarding the KORUS or other trade and customs law issues, feel free to contact David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

China imposes new tariffs on imports from the United States.

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In response to the U.S. Section 232 tariff measures imposed on steel and aluminum products, China’s Ministry of Commerce announced their intention to impose tariffs on certain products from imported from the United States.

According to an English press release issued by the Ministry of Commerce (full text here), China intends to impose tariffs on 128 products that cover a wide range of items, from food and alcohol to oil and gas pipes.

The tariffs vary from 15% to 25% and a notice of tariffs is available here online for public comment.

A quick look at the list shows these items are subject to the increased tariffs: citrus fruits,
watermelons, dried apples, steel drilled oil and gas drilling pipes with an outside diameter less than 168 mm, cold rolled alloy steel seamless circular cross-section tubes
other fresh or cold pork, frozen pork liver, aluminum scrap, modified ethanol, and American ginseng.

For more information or if you would like to know whether your exported product will be subject to these new duties, contact experienced and bi-lingual English/Chinese Mandarin speaking attorney David Hsu now at 832.896.6288 or by email at dhsu@givensjohnston.com.

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What is the Global Magnitsky Human Rights Accountability Act?

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Short Answer: The Global Magnitsky Act is a US effort to stop human rights abuses and corrupt actors by allowing President Trump to impose sanctions against parties involved in human rights violations and corruption around the world.

This Act sounds familiar, how is it different from the Sergei Magnitsky Rule of Law Accountability Act of 2012 (“Magnitsky Act”)? The Magnitsky Act was only targeting human rights abusers in Russia. The Global Magnitsky Act applies to human rights abusers and corrupt actors globally.

Long Answer: President Trump signed Executive Order 13818 titled “Blocking the Property of Persons Involved in Serious Human Rights Abuses or Corruption” on December 20, 2017 implementing the Global Magnitsky Human Rights Accountability Act (“Global Magnitsky Act”).

The passage of the Global Magnitsky Act authorizes President Trump to impose sanctions on individuals, governments or other entities who commit human rights violations such as extrajudicial killings, torture, gross violations of human rights. Additionally, this act also applies to parties who are involved in significant corruption such as expropriation of assets for personal gain, corruption in government contracts, bribery or other acts of corruption.

In late December, OFAC also designated 52 new parties as SDN’s as part of the Global Magnitsky Act and the Executive Order. If you are in trade compliance, be sure to check out the new OFAC designated parties as the updated list includes parties from the following countries: The Gambia, South Sudan, Russia, Nicaragua, China, Pakistan, Democratic Republic of the Congo, Dominican Republic, Uzbekistan, and Ukraine.

These designations are the first under the Global Magnitsky Act and won’t be the last.

Click the below link for the U.S. Department of Treasury sanction list and other OFAC information:

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

If you have any questions about compliance with the new or old Magnitsky Act, OFAC, SDN or blocked persons or any general trade compliance matters, call 832.896.6288 or e-mail dhsu@givensjohnston.com

2018 Houston BIS Export Compliance Event – Register Now.

hall-congress-architecture-building-159213.jpegSave the date if you are in Houston and want to learn more about BIS export compliance.

The first two-day program session will be led by BIS staff and provide in depth information regarding Export Administration Regulations (EAR). Covered topics include EAR, how to determine export control classification numbers (ECCN); when to reexport without applying for a license, Export Management Compliance Program (EMCP) and more!

Additionally, session 2 on day three covers technology controls, specifically how to comply with U.S. export and reexport controls related to technology and software. Topics include export or reexport of technology, kinds of tech and software subject to EAR, license exceptions and more!

The 3-day seminar will be held at the Norris Conference Center in City Centre Houston near Beltway 8 and I-10 West.

For more details, click the link below:

http://events.r20.constantcontact.com/register/event?llr=qg6pm6iab&oeidk=a07eeqlbbsq77507f3b

Givens & Johnston Secures Favorable Scope Ruling Regarding Pipe Spools.

Pipe Spools

Givens & Johnston PLLC recently secured a scope ruling excluding certain pipe spools manufactured in the People’s Republic of China (PRC) from Chinese anti-dumping duties (ADD) and countervailing duties (CVD). The exclusion covers pipe spools fabricated from non-Chinese originating pipe and pipe fittings (e.g. Japanese, Korean, U.S., etc.). In 2016, the ITA and Customs determined that all pipe spools fabricated in PRC were within the scope of the ADD & CVD orders applicable to Chinese pipe and pipe fittings as part of the ITA’s Westlake scope ruling decision.

In the Westlake case, the ITA declined to apply a substantial transformation analysis to the fabrication of pipe spools. Instead, the ITA used a mixed media analysis that looked at the components individually rather than as part of a whole. In Westlake, the ITA held that the pipe and pipe fittings fabricated into a pipe spool continue to have the same characteristics of pipe, so the ITA continued to treat them as pipe for ADD & CVD purposes. More recently, the ITA used the same method of analysis, except determined that because the non-Chinese origin pipe spool components were not subject to Chinese ADD & CVD, the fabrication into pipe spools did not change this result.

The full text of the scope ruling can be found here.

This ruling is crucial to companies who fabricate goods in the PRC from non-Chinese originating components and to any importers interested in importing pipe spools that are not subject to Chinese ADD & CVD. If you have any questions regarding how this ruling may affect you or your business, please give Givens & Johnston a call:

950 Echo Lane, Suite 360
Houston, Texas 77024
Phone: (713) 932-1540
Fax: (713) 932-1542

Want to expand your export business?

Export Law

 

The Houston District Export Council is hosting their “Export University” on April 28, 2016.

Export University is a series of courses on international trade topics organized by the District Export Council (DEC). The DEC is a volunteer, non-profit organization associated with the U.S. Department of Commerce. The purpose of the Export University is to improve the ability of U.S. businesses to compete in the ever growing global marketplace.

More information and registration can be found at the Houston DEC website: here.