Key 2019 Trade Deadlines.

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Happy new year everyone! Hope your new year is off to a great start.

2018 was a busy year for trade policy and 2019 will likely continue that trend. Here’s some important dates for trade in this new year:

1/1/2019 – the updated US trade agreement with South Korea signed in September 2018 will enter into force.

1/7/2019 – during this week, a US delegation will travel to Beijing for trade talks with Chinese officials. This will be the first face to face meeting since President Trump met with President Xi Jinping at the G20 summit on December 1st.

1/7/2019 – while a delegation goes to Beijing, the EU Trade Commissioner will meet with USTR Robert Lighthizer on other trade negotiations with the EU.

1/10/2019 – this is the deadline for submission of comments by US businesses regarding restrictions on high-tech American exports such as microprocessors and robotics

1/21/2019 – the US and Japan will likely enter into formal talks for a trade agreement.

2/17/2019 – deadline for the U.S. Department of Commerce to publish their report on the justification of tariffs on foreign cars. Once a report is submitted, President Trump has 3 months (May 18th) to make a decision on tariffs for foreign cars.

3/1/2019 – end of the 90-day truce started on December 1st. If no trade agreement is reached, $200 billion of Chinese goods will see increased tariffs from 10% to 25%.

4/2019 – deadline for the U.S. Department of Commerce to publish a national-secuirty report on the impact of uranium imports.

1st half of 2019 – congress will vote on the U.S.-Mexico-Canada Agreement to replace NAFTA.

Check back for more updates as they become available. If you have any questions how these upcoming events will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

US ICE seizes million websites in crackdown on

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As reported by the U.S. Immigration and Customs Enforcement website in late November, ICE agents seized over 1 million copyright-infringing website domain names that sold counterfeit electrical parts, personal care items, automotive parts and other fake and counterfeit goods.

The seizure was part of ICE’s “Operation In Our Sites” and roughly 33,600 website domain names were seized from 26 different countries. The press release indicates that a total of 1.21 million domain names were seized and shut down along with 2.2 million e-commerce links on social media platforms and other third-party marketplaces.

ICE’s Homeland Security Investigations (HSI) claims counterfeit goods such as counterfeit airbags and sensors pose a potential safety hazard to drivers. In addition to a public safety hazard, counterfeit goods also fund criminal groups and other illegal activities. ICE and HSI are part of the Intellectual Property Rights (IPR) center established by the Trade Facilitation and Trade Enforcement Act of 2015. The IPR is comprised of 24 member agencies that share information, develop initiatives and conduct investigations.

If you have had your goods seized for alleged intellectual property rights violations, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com for immediate assistance.

Chinese companies retaliate against Apple following Huawei CFO’s arrest.

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Following Canada’s arrest of Huawei’s Global CFO on December 1st, several companies in China have announced new policies to encourage (and even require) the use of Huawei products instead of America’s Apple iPhone.

According to the Yahoo article – several companies in China now offer subsidies for employees exchanging iPhone handsets for Huawei and even placing a penalty on employees who purchase an iPhone for themselves. Several other companies take the boycott even further and are discouraging their employees from buying American made products such as cars.

The backlash against Apple may be due to Huawei’s position as the number 2 smartphone manufacturer in the world behind Samsung. Unfortunately for Apple, this recent backlash will only hurt their already low sales numbers in China (Huawei holds the largest share of the Chinese market for smartphones).

Highlights from Chinese President Xi Jinping’s speech at the International Import Expo.

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As reported by CNN, Chinese President Xi Jinping opened the China International Import Expo in Shanghai with a speech on Monday.

Here’s a summary of the opening remarks and some observations made by CNN:

-The International Import Expo is to highlight China as a destination for foreign goods
-No senior US government officials attended the event
-President Xi Jinping said protectionism should not be a part of international trade
-Over 3,600 companies from over 150 countries participated
-President Xi and President Trump will meet later this month at the G20 summit in Argentina
-President Xi Jinping promised to open the Chinese economy further to international investment and protect foreign businesses already operating in China

If you have any questions regarding export compliance of goods sent to China, contact experienced compliance attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

 

US and China exchange tariff duties in trade war.

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Sorry for the lack of updates, Trump’s 232 and 301 duties have been occupying most of my time.

As you likely already know, yesterday, the Trump administration announced they will impose 10% duties on $200 billion worth of Chinese goods, earlier today, China announced retaliatory duties on $60 billion in US goods.

If you import from China and have questions about commenting, exclusion requests or other alternatives to minimize the tariff penalty – feel free to give me a call, 832.896.6288 or email me at dhsu@givensjohnston.com.

Japan passes law to ratify Trans-Pacific Partnership trade deal.

As reported by the Kyodo News – the Japanese government enacted a law to ratify the TPP free trade deal. As you are aware, Japan and 10 other nations (Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam) continued negotiations with the free trade deal after the United States withdrew. The TPP deal requires at least 6 member countries to ratify the pact before it takes effect.

More TPP updates as they become available. If you have any trade or customs questions, please 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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As of 2/24/2018 – ACE will be the only authorized electronic data interchange system for processing drawback filings.

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According to a notice posted on the Federal Register, starting February 24, 2018, the Automated Commercial Environment (ACE) will be the sole electronic data interchange (EDI) system authorized by US Customs and Border Protection (CBP) for processing electronic drawback filings under NAFTA and non-TFTEA drawback.

After February 24, 2018, Automated Commercial System (ACS) will no longer be a CBP-authorized EDI for drawback filings.

The full notice can be found here:

https://www.federalregister.gov/documents/2018/01/18/2018-00803/automated-commercial-environment-ace-becoming-the-sole-cbp-authorized-electronic-data-interchange

If you have any questions regarding drawback or this Federal Register notice, please do not hesitate to contact David Hsu at 832.896.6288 or dhsu@givensjohnston.com.

APHIS Recognizes Mexico as Free of Classical Swine Fever.

pig-alp-rona-furna-sow-63285.jpegClassical swine fever (CSF or sometimes referred to as hog cholera/swine fever/European swine fever) is a highly contagious viral disease of pigs. CSF used to be widespread but many countries had eradicated the disease until it was reintroduced in 1997-199 (CSF was eradicated in the US in the 1970’s). A 1997 outbreak of CSF in the Netherlands involved more than 400 herds and cost $2.3 billion dollars to eradicate with some 12 million pigs killed.

While eradicated in North America, the US is also not immune to the risk as CSF is still endemic in South and Central America. Because of this, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) previously classified imports of live swine, swine genetics, pork and pork products from Mexico as risky following a 2015 site review.

However, at the request of Mexico’s government, the USDA APHIS has now determined that the risk of CSF through Mexican imports of live swine, swine genetics, pork and pork products is very low. As such, these items can now be saefly imported into the US as long as the imports follow APHIS’ import regulations.

Importations of live swine, swine genetics, pork and pork products must (1) be accompanied by a certificate issued by a Mexican government veterinary officer, (2) must come from swine raised and slaughtered in regions APHIS considers CSF free.

If your company would like more information regarding importation of swine and swine products or other general USDA APHIS concerns, please do not hesitate to contact David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

 

January 11, 2018 – Initiation of Antidumping and Countervailing Duty Administrative Reviews.

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As posted in the Federal Register here, the U.S. Department of Commerce is initiating administrative reviews on multiple antidumping and countervailing duty orders:

Antidumping Duty Proceedings:
India: Welded Stainless Pressure Pipe A-533-876
Indonesia: Monosodium Glutamate A-560-826
Mexico: Certain Circular Welded Non-Alloy Steel Pipes and Tubes A-201-805
Mexico: Steel Concrete Reinforcing Bar A-201-844
Republic of Korea: Circular Welded Non-Alloy Steel Pipe A-580-809
Taiwan: Certain Circular Welded Non-Alloy Steel Pipe A-583-814
The People’s Republic of China: Diamond Sawblades and Parts Thereof A-570-900
The People’s Republic of China: Certain Hot-Rolled Carbon Steel Flat Products A-570-865
The People’s Republic of China: Fresh Garlic A-570-831
The People’s Republic of China: Monosodium Glutamate A-570-992
The People’s Republic of China: Polyethlene Terephthalate (Pet) Film A-570-924
The People’s Republic of China: Seamless Refined Copper Pipe and Tube A-570-964
United Arab Emirates: Polyethylene Terephthalate (Pet) Film A-520-803

Countervailing Duty Proceedings
India: Welded Stainless Pressure Pipe C-533-868
The People’s Republic of China: Certain Passenger Vehicle and Light Truck Tires 7 C-570-017
The People’s Republic of China: Chlorinated Isocyanurates C-570-991 1/1/16-12/31/16
Turkey: Steel Concrete Reinforcing Bar C-489-819

If you have any questions about administrative reviews or general antidumping and countervailing duty questions, feel free to call us at anytime: 832.896.6288 or contact us by email at dhsu@givensjohnston.com.