Japan imposes new trade restrictions with South Korea.

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Last Friday, Japan increased export controls on a greater variety of products to South Korea, furthering the two nations into a trade war. The increased controls was in the form of removing South Korea from a “white list” of countires that face less restrictions for importing senstivie technology. Removing South Korea from the white list occurs on August 28th.

In response, South Korea’s President said they would also remove Japan from their own white list. This trade war worries Washington as both sides have threatened to withdraw from an intelligence-sharing deal that would hurt the US’ efforts to partner with South Korea and Japan in dealing with North Korea. Secretary of State Mike Pompeo, South Korea’s foreign minister and Japan’s foreign minister are expected to meet this upcoming Friday in Bangkok.

Japan claims the new export restrictions are not unique to South Korea and not retaliation for the recent South Korean court ruling ordering Japanese companies to pay victims of forced labor during Japan’s colonial occupation of South Korea. The Japanese claimed countries like Taiwan and China will also be subject to export controls. Japan also claims any delays in getting export approval will not be long – even though export approvals for last month’s banned chemicals have yet to be approved.

Will post any updates as soon as the meeting ends on Friday.

Intel has begun selling to Huawei as US loosens restrictions.

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Since the US eased restrictions on supplying components to Huawei, the largest US chimpaker, Intel, said they have begun selling products to Huawei “within the rules of the law”. Additionally, Intel says they are also requesting an export license to sell “general purpose computing” chips to Huawei that do not pose a national security risk.

As you are aware, the Trump administration raised concerns regarding the use of Huawei technology may contain backdoors that would allow the Chinese government to spy on users, posing a national security risk. As a result, the US Department of Commerce added Huawei to their entity list this past May. Inclusion on the entity list precluded Huawei from buying parts and components from American companies without US government approval (an export license).

However, after the Trump met with Chinese President Xi Jinping at the G20 summit last month, President Trump said that US firms can resume selling equipment to Huawei.

Additionally, earlier in July, Commerce Secretary Wilbur Ross announced an easing of restrictions against the Chinese company in line with Trump’s statements after the G20 summit, stating that the US would issue licenses to US companies looking to sell to Huawei as long as the sales do not pose a threat to national security. An export license would still be required as Huawei has not been removed from the entity list.

If you have any questions whether your company can continue to do business with Huawei, contact experienced export compliance attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Presidential candidate Joe Biden says he would renegotiate TPP.

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This past Thursday, Presidential hopeful and former Vice-President Joe Biden announced he would renegotiate the Trans-Pacific Partnership (TPP) and would not rejoin the TPP as it was initially put forward.

The irony in Vice-President Biden’s statement is his boss was a strong advocate of TPP and tried to push the agreement through before the end of his presidency.

Joe’s main reason to negotiate the TPP is to change provisions that labor and environmental groups in the US worried would result in US jobs moving to lower-income countries such as Vietnam along with other developing countries in Southeast Asia.

Despite US and China trade war, US fast food chains looking to expand in China.

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Whether or not China’s lowest rate of economic growth in the last 27 at 6.2% is a result of the current US/China trade war – fast food chains are looking to expand in China as they offer, and consumers look for cheaper options. Even with the slowdown, China’s market for new customs is still larger than the US with a population of 1.4 billion people.

The following chains are looking to expand:

1. McDonald’s – plans to open 400 stores by the end of 2019 and have 4,500 stores by 2022. McDonald’s stock has a market value of $164.4 billion and up 20% from last year.

2. Popeye’s – looking to open 1,500 stores in the next ten years.

3. KFC – already have 6,000 stores in China with reported net sales of $1.4 billion in net sales in China alone, accounting for more than 25% of KFC’s total revenue. Yum brands (parent company of KFC and other brands such as Taco Bell), spun off their KFC China brands into Yum China.

4. Burger King – have more than 1,000 stores in China

5. Tim Hortons – will open 1,500 stores in the next 120 years.

6. Starbucks – operating in China for over 20 years has more than 3,900 stores. They will try to have 6,000 stores in China by 2022. Starbucks’ China/Asia Pacific sales comprise 20% of their third quarter revenue.

Like US auto manufacturers, it appears fast food companies realize the market potential of 1.4 billion people in China versus the 350,000 population in the US.

Easy to understand version of the Chinese billionaire’s scam to avoid paying duties on aluminum.

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Who is involved:
Chinese billionaire: Zhongtian Liu
His company: China Zhongwang Holdings Ltd.
Key players according to investigators: Zhaohua Chen, Xiang Chun Shao, Perfectus Aluminum Inc, Perfectus Aluminum Acquisitions, four LLC’s that owned the warehouses. A business agent named Po-Chi

What was he importing:
Aluminum pallets that appeared to be “finished” to avoid duties on unfinished aluminum extrusions. The pallets were “spot-welded” to appear to be finished pallets.

Purpose of scam:
Unfinished aluminum is subject to a high rate of duty (up to 400%)

How he scammed Customs:
He imported the aluminum as finished aluminum pallets. Finished aluminum pallets have a lower duty.

How did the scam work?
1. Import aluminum pallets instead of extruded aluminum. Manufactured pallets avoid the duties versus extruded aluminum.
2. The pallets were then stored in warehouses.
3. The pallets were “sold” to entities owned by the billionaire to inflate sales and deceive investors.
4. Investigators believed Liu was going to build a smelting plant to melt the palllets then sell as raw aluminum. The aluminum imported was a higher grade and used in applications such as surgical tools.

How big ($) was the scam?
A total of 2.2 million pallets were imported from 2011 to 2014.
Customs believe the billionaire avoided paying $1.8 billion.

When was the scam discovered?
Started in 2017 with notice of the charges released this week.

What will happen to the people charged?
Probably not much, Liu and the defendants are in China and the US cannot extradite them (no treaty with China).

If you have any questions about limiting your tariff liability the legal way – contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

China threatens retaliation if tariffs are imposed on September 1st.

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According to the Associated Press, earlier today, China threatened the US with retaliation if Trump goes through with his threat to impose sanctions on “List 4” of goods from China on September 1st.

The primary issues of disagreement between the US and China are the forced technology transfers that are required by US companies doing business in China in addition to the lack of intellectual property protections for companies doing business in China. Additionally, the US has also expressed concerns over China’s 2025.

At the current time, the US has imposed tariffs over $250 billion in Chinese imports while the China has imposed tariffs on over $110 billion in US goods. The proposed September 1st tariffs cover over $300 billion in goods – effectively covering all imports of goods from China. The US government may have an upper hand as China only imported about $160 billion in US goods – a number that highlights the unequal trade balance ($160 billion versus $550 billion).

It will be interesting to see how China retaliates, they can only threaten to impose an additional $50 billion in tariffs on US goods, only 1/6th of the what the US can impose.

CBP seizes toys without proper labels – won’t somebody think of the children?

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Image of the seized toys. Source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Champlain Port of Entry seized a shipment of toys valued at $28,747 due to a lack of a required tracking label and lack of a General Certificate of Conformity as required by the Consumer Product Safety Act.

What is a General Certificate of Conformity (GCC)?

  1. A GCC is required for products made overseas or by a US manufacturer of a domestically produced good.
  2. The certificate reflects the results of a test of each product.
  3. An extensive list of all non-children’s products requiring a test can be found here.
  4. The GCC is accompanied with a shipment and manufacturers/importers must provide GCC to a distributor or retailer.
  5. If a manufacturer or importer sells direct to consumers, then no GCC is necessary.
  6. If you would like a Sample GCC form, please email me.
  7. A GCC does not need to be filed with the Government.
  8. Electronic certificates are okay, with some manufacturers and importers posting their certificates online.
  9. A GCC is required for EACH shipment.
  10. A GCC does not need to be signed.
  11. Failure to provide a GCC could lead to civil and criminal penalties.

If you have any questions or want to be in compliance with the GCC requirements, contact David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Trump threatens tariffs on $300 billion of Chinese imports on September 1st.

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Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead)

As you are aware, yesterday, President Trump imposed a September 1st deadline for an additional $300 billion in tariffs on Chinese goods if a trade deal is not reached.

The $300 billion covers the remaining items not previously listed in Lists 1, 2 or 3. The List 3 exclusion process is currently underway and Commerce recently published lists of additional exclusion requests that have been granted in Lists 1 and 2.

Here is a summary of what has been reported by various news outlets:

  1. There has been no progress in trade talks with China this week in Shanghai between Treasury Secretary Steven Mnuchin and US Trade Representative Robert Lighthizer and their Chinese counterparts.
  2. Trump believes China is moving too slow in working on a deal and set September 1st as a deadline to impose duties on the remaining imports of goods from China.
  3. The new duties if imposed in September will be at 10%. We have seen goods in List 1, 2, 3 have tariffs as high as 25%.
  4. Some news outlets report that China may be stalling to sign a trade deal until after the 2020 election.
  5. September 1st would mark an end to a “truce” between the two countries.
  6. China has threatened to respond with their own retaliatory tariffs if Trump goes through with the September 1st deadline.
  7. Trump claims China has not gone through with their promise to buy more agricultural products from the US in large quantities.
  8. Trump also claims China would curtail the shipments of Fentanyl to the United States, but has not and the shipments continue to harm Americans.
  9. According to reports, Chinese negotiators want Trump to remove the tariffs on $250 billion in Chinese goods before they will purchase US agricultural goods and comply with their other concessions.
  10. Trump believes the US economy is strong as unemployment has hit a 50-year low, a position that will enable the US to outlast China in the event of a prolonged trade war.
  11. Analysts claim further duties will only hurt Americans in increasing the prices of goods.
  12. Shipping companies and importers are trying to get as many shipments into the US prior to the September 1st deadline.

Will post more news as they become available. If you have any questions how the 301 duties will impact your business, contact David Hsu at: dh@gjatradelaw.com, attorney.dave@yahoo.com or by phone/text at 832-896-6288.

Huawei’s Android alternative to make first debut … but not on a phone.

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I have previously mentioned Huawei’s Hongmeng OS, their in-house Android alternative that was slated to have an earlier release date after the US placed Huawei on the “entity list”. However, Huawei’s Hongmeng OS’ first device won’t be on a smart phone – but rather on Huawei’s TV with a smart screen. The smart screens on TV’s will be the communication hub for the tv and the living room and is expected to launch next month.

The Hongmeng is also trademarked as “Ark” and has been reported to be in development for a long time. I thought the Hongmeng OS would be shelved for awhile after the reprieve by President Trump, however, it seems Huawei has the new OS ready to go. Will be interested to see how the OS operates and what kind of native application support it will have.

GitHub blocks developers in countries facing US trade sanctions.

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GitHub (owned by Microsoft) is the world’s largest software development platform that provides hosting for software development version control using Git. It was acquired by Microsoft in 2018 for $7.5 billion and has recently started blocking developers in countries facing US trade sanctions.

For example, last week Github restricted the account of Anatoliy Kashkin, a 21-year-old Russian citizen who lives in Crimea. He was told his GitHub account had been restricted “due to US trade controls”.

The correspondence from GitHub advised Kashkin of GitHub’s US trade control policy – listing Crimea, Cuba, Iran, North Korea, and Syria as countries facing US sanctions. In addition to his website now showing a 404 error, Kashkin also can’t access his previous work.

GitHub’s website does advise that “Users are responsible for ensuring that the content they develop and share on GitHub.com complies with the U.S. export control laws, including the EAR (Export Administration Regulations) and the US International Traffic in Arms Regulations (ITAR)” and that “The cloud-hosted service offering available at Github.com has not been designed to host data subject to the ITAR and does not currently offer the ability to restrict repository access by country. If you are looking to collaborate on ITAR- or other export-controlled data, we recommend you consider GitHub Enterprise Server, GitHub’s on-premises offering.”

Besides banning accounts for individuals in Crimea, GitHub has also restricted developers in Iran.

If you want to ensure your company is in compliance with the Export Administration Regulations and the US International Traffic in Arms Regulations (ITAR), contact experienced compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.