White House trade advisor: trade deal with China will take time.

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White House Office of Trade and Manufacturing Policy, Peter Navarro, source: whitehouse.gov 

As reported by Reuters, White House trade adviser Peter Navarro said in an interview with CNBC a trade deal with China will “take time and we want to get it right”.

President Trump and Chinese leader Xi Jinping agreed at the G20 Summit to restart trade talks after the 11th round of trade talks ended this past May. As a gesture of good will, Trump did ease the restriction on US suppliers to supply Huawei with some components. However, Huawei is still on the BIS entity list and the US policy on Huawei’s 5G equipment has not changed.

Peter Navarro also tried to temper down bipartisan opposition to the easing of restrictions on Huawei by noting the ease in restrictions is limited to sales of chips and lower-tech items that do not impact national security.

If you have any questions about Huawei’s inclusion on the entity list and how that will impact your business, contact trade and customs attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US government files motion to dismiss Huawei lawsuit.

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Just before Independence Day, the U.S. government filed a motion to dismiss the lawsuit by Huawei that claimed the US had acted illegally when it blacklisted Huawei.

The lawsuit was filed in March in the U.S. District Court for the Eastern District of Texas, saying that a law limited its American business was unconstitutional.

Huawei sued the U.S. government in early March, in a complaint filed in federal court in Texas, saying that a law limiting its American business was unconstitutional.

The basis for the U.S. government motion to dismiss was that Huawei was still on the entity list, and export license requests from U.S. companies seeking to export products to Huawei were being reviewed under national security scrutiny.

CBP intercept invasive and destructive army ant.

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New World Army Ant, source: CBP website

CBP Agriculture Specialists in Florida discovered a rare pest – a New World army ant confirmed  by the U.S. Department of Agriculture (USDA). The pest was found during an examination of a malanga – a root vegetable commonly found in South America that arrived on a shipment from Mexico.

Customs reports that last year, CBP agriculture specialists intercepted 319 pests per day and quarantined over 4,552 plants, meat, animal byproducts and soil products.

China’s #2, – Premier Li Keqiang eases trade tensions with the US.

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According to the New York Times, China’s Number 2 official, Premier Li Keqiang speaking at the World Economic Forum in the Chinese port city of Dalian, promised to cut tariffs, loosen restrictions on foreign investments, protect intellectual property rights and allow foreign companies to apply for China’s generous subsidies for research and development.

Speaking during a question and answer session, Li also said that China would allow foreign financial services companies into its market a year earlier than previously promised, and that it would rewrite many rules on foreign investment.

The NYT mentioned the lack of details, and indicated previous vague promises by Chinese officials in the past.

In addition to extending an olive branch to foreign companies, Premier Li’s remarks also sought to calm worries about the relocation of manufacturing overseas as a result of the Section 232 and 301 duties levied against China.

If you have questions how the China duties will impact your business, contact David Hsu by phone/text at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

“Ignorantia juris non excusat” and the need for export compliance in the wake of the Huawei ban.

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Huawei’s surprise placement on the BIS Entity List highlights the crucial need for your company to have a compliance program in place.

Many people believe export compliance programs only apply to the big guys – however, even the smallest business that sends their products to customers outside of the country are subject to the various export regulations and the steep penalties for export violations. as the saying goes, Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law excuses not” and “ignorance of law excuses no one” respectively).

Small and medium sized company personnel may not know of these requirements until it is too late – fines for export violations can reach up to $1 million per violation in criminal cases and administrative cases can result in penalties amount to the greater of $250,000 or twice the value of the transaction. Criminal violators may even face up to 20 years in jail time and punishment for administrative cases can include denial of export privileges – it’s a risk you can’t afford to take.

Here are a few quick tips to protect your company –

  1. Be sure your exported items do not require an export license.
  2. Determine if the destination country requires an export license.
  3. Know your customers – screen who is buying your goods and be sure a restricted party does not receive your goods.
  4. Red flags – does the destination country of your product meet a need for your product?
  5. Be sure you have a copy of all the required documentation – it is not enough to hire a freight forwarder to handle the export.

For more information and a no obligation consultation on creating an export compliance program – contact experienced compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com or attorney.dave@yahoo.com.

CNBC report: China’s factory activity in June was lowest since January.

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A recent CNBC article citing the Caixin/Markit factory Purchasing Managers’ Index for June was 49.4. PMI scores of 50 or above indicate expansion where as below 50 signals a reduction. 49.4 is the lowest the PMI has been since January of this year. In May, the PMI reading was 50.2. China’s official PMI index was also 94.4 in June.

To determine PMI, the official PMI looks at big businesses and state-owned enterprises whereas the Caixin looks at smaller and medium-sized firms.

Will post July numbers as they become available.

Will the new US/China trade war truce lead to a trade deal?

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Two big newsworthy events happened over the weekend at the G20 summit. First, Trump said US companies could supply to Huawei (waiting for official guidance at the moment) and second, the US and China agreed to not enact any further tariffs (current proposed Section 301 List 4 duties) in the near future and to start a new round on trade talks.

This may sound like Groundhog Day, and it partially is. Last year at the Argentina G20 summit, Trump and Xi also reached a similar agreement. And the differences that prevented a deal to be reached in Argentina also exist today. Key issues such as intellectual property and China’s 2025 plan are two areas where the two countries still do not reach a consensus.

With an election looming a little over a year away, Trump may be waiting until after next November before moving forward with a final deal – in the meantime, Trump says the US is already benefiting from the tariffs as the US is “taking in a fortune”.

If you have any questions about any of the 232 or 301 duties and how they may impact your business. Contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Breaking news – Trump allows US companies to sell to Huawei.

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

In comments at the G20 Summit, Trump was quoted as saying:

“One of the things I will allow, however, is, a lot of people are surprised we send and we sell to Huawei a tremendous amount of product that goes into the various things that they make. And I said that that’s okay, that we will keep selling that product. These are American companies… that make product and that’s very complex, by the way, and highly scientific. And in some cases we’re the ones that do it, we’re the only ones that do it. What we’ve done in Silicon Valley is incredible, actually and nobody has been able to compete with it, and I’ve agreed and pretty easily, I’ve agreed to allow them to continue to sell that product. So American companies will continue and they were having a problem, the companies were not exactly happy that they couldn’t sell because they had nothing to do with whatever it was potentially happening with respect to Huawei, so I did do that.”

Based off Trump’s comments, hardware components from US companies such as Intel and Micron can continue to sell to Huawei.

Will post more official verification as soon as it becomes available.

If you have questions about the Huawei BIS entity ban, contact experienced export compliance attorney David Hsu by phone/text at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

US China Truce (for now)?

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

At this week’s G20 meeting, President Donald Trump and China’s Xi Jinping agreed to a temporary truce and restart trade talks. This means the current U.S. tariffs will remain in place, but the trade penalties proposed for Section 301, List 4 will be put on hold pending an outcome of what will be the 12th round of trade talks.

List 4 covers approximately $300 billion in goods from China, and if in place, Lists 1-4 effectively cover every import from China.

However, both sides still differ on one item that may prevent a long term solution – trade secrets.

In response, China has also placed tariffs on $110 billion in US goods, mostly focusing on agricultural imports. Some believe the tariffs against farm products (and Trump supporters) are aimed towards pressuring Trump as he heads into the general election next year.

If you have goods under List 3 and want to file an exclusion, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

“Teardown” of Huawei P30 Pro highlights US parts content of Huawei phones.

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According to the folks at Android Authority, citing a Nikkei conducted teardown of Huawei’s new flagship device, revealed that only 0.9 percent of the components in a P30 Pro come from the US – in other words, only 15 US parts out of a total of 1,631 parts.

Dollar wise, the total US components cost $59.36 out of the $363.83 total component price. The parts from the US include the DRAM from Micron, parts from Skyworks, Qorvo and the Gorilla Glass from Corning.