Britain confirmed to quit Huawei in its 5G network.

Photo by Maël BALLAND on Pexels.com

According to the Voice of America quoting a British political insider – the British government will quit plans to use Huawei technology in its 5G network, with an announcement coming soon. The announcement will also discuss the gradual removal of the current Huawei technology in place. Part of the decision is due to the COVID-19 crisis and public disillusionment with Beijing along with strong opposition to Huawei from senior members.

The VOA article stated initial public support for Huawei changed due to China’s handling of the coronavirus and the situation over Hong Kong. Lastly, the article mentions Britain’s Prime Minister Johnson’s fight against COVID-19 also likely resulted in a tougher view towards China.

In response, Huawei launched an advertising campaign reminding the British public of their 20 year involvement in the UK and their “commitment to helping bring fast reliable mobile and full fiber broadband networks to every part [of] the country.”

The United States will likely welcome the news as they have been lobbying the UK government and according to a statement from Secretary of State Mike Pompeo: “The United States stands with our allies and partners” and “stands ready to assist our friends in the U.K. with any needs they have, from building secure and reliable nuclear power plants to developing trusted 5G solutions that protect their citizens’ privacy,” Pompeo said.

It will be interesting to see whether Nokia or Ericcson are picked to replace Huawei in England. Will post more as news becomes available.

China announces 80% tariffs on Australian barley – the new trade war?

pexels-photo-789555

Photo by Samuel Silitonga on Pexels.com

That escalated quickly! In addition to banning imports of Australian beef, the Chinese government announced on Monday, May 18th, 2020 an 80% tariff on Australian barley exports starting today.

The tariffs are likely in response to Australia’s government demanding an inquiry into the cause of the corona virus. The Chinese President Xi Jinping has claimed China acted “with openness and transparency” in their handling of the outbreak.

Also on Monday, the World Health Organization (WHO) also agreed to launch an independent probe into how they handled the international response to the corona virus. The countries requesting the investigation included African, European and other countries and is looking for a review of the WHO’s response to the corona virus outbreak.

In response to the new tariffs, Australia’s Minister for Trade Simon Birmingham on Monday night denied Australia had subsidized or dumped barley in China. Will be following this news carefully as China accounts for 33% of Australia’s total exports at $135 billion in 2019.

CBP seizes counterfeit protective equipment and medications.

HAR COVID Rx6L 042120

Image of seized medication, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers seize shipments of counterfeit personal protective equipment (PPE) and medications to treat the corona virus.

Since late March and the height of the corona virus panemdic, CBP has seized, including but not limited to:

-1,200 “Linhua Qingwen” capsules that are not approved by the FDA for medicine in treatment of COVID-19.
-1,350 counterfeit test kits
-400 counterfeit N95 masks
-2,500 possibly counterfeit medicine such as Hydroxychloroquine Sulfate, Chloroquine, Azithromycin, Lianhua Qingwen and Liushen Jiaonang; and
-67,000 counterfeit ACCU-CHEK test strips.

If you have questions about your shipment seized by Customs and you want a free, no cost or obligation consultation, contact by phone/text David Hsu at anytime: 832-896-6288 or by email at attorney.dave@yahoo.com.

IAD 354 COVID Masks2L 040320

Image of seized masks, source: cbp.gov

US Senator introduces resolution to withdraw US from the WTO.

pexels-photo-616852

Photo by kendall hoopes on Pexels.com

This past Thursday, US Senator Josh Hawley introduced a joint resolution to withdraw the US from the World Trade Organization.

The World Trade Organization was established in 1994 and under the agreement establishing the WTO – Congress receives a report every 5 years on the effects of the WTO on the US economy and enables a vehicle for Congress to revoke the US’ participation in the WTO.

In the joint resolution by Senator Hawley, Hawley writes the coronavirus pandemic has shown China’s use of the WTO to benefit themselves and other elites around the world at the expense of the US.

The full text of the resolution is available here.

More counterfeit COVID-19 test kits seized.

Test Kit 1

Image of seized COVID-19 test kit, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in New Jersey seized another shipment containing counterfeit COVID-19 test kits. A secondary inspection of the shipment discovered 25 COVID-19 test kits not approved by the U.S. Food and Drug Administration (FDA). This seizure was just 25 out of the 600 COVID test kits seized at the Rochester airport.

All imported test kits are presumed to lack FDA approval as the FDA has only allowed 50 companies to develop and distribute the COVID test kits and the companies that manufactured the seized test kits have not been approved.

*****

My guess for the large number of imports and seizures of the test kits are due to family members overseas sending kits to their family in the US who want to be sure they do not have the virus and pass on to older family members.

If you have had your good seized by customs and want to know what you can do next, contact experienced seizure attorney David Hsu by phone at 832-896-6288 or by email at attorney.dave@yahoo.com.

COVID-19 test kits seized by Chicago Customs and Border Protection.

CV8 (1)

Seized test kits, source: CBP.gov

Since the start of the pandemic and the nationwide shutdown, U.S. Customs and Border Protection (CBP) officers have seized an increased number of unapproved or ocunterfeit COVID-19 tests. For example, at Chicago’s O’Hare International Airport, the international mail facility has seized 11 shipments containing a total of 1,147 test kits. The seized test kits have a value of $10,847 and most of the test kits came from England.

CBP warns the public of the health risks of using unapproved and counterfeit safety equipment. CBP advises the public to go to medical professionals in the US for testing instead of relying on potentially dangerous home testing kits.

According to CBP, the test kits were manifested as “Test Kit Not Restricted” and upon further examination Customs found packages labeled “COVID-19 Rapid Test Device”. As the devises are not FDA approved, they were seized and likely turned over to the FDA to be destroyed.

If you have had your shipment seized by Customs, contact experienced seizure attorney David Hsu by phone/text at anytime: 832-896-6288 or by email at attorney.dave@yahoo.com.

Corona virus’ January and February impact on trade.

birds eye view photo of freight containers

Photo by Tom Fisk on Pexels.com

According to the Financial Times, global trade dropped 2.6 percent in February compared to the same time in 2019. This February drop also follows a 1.5 percent drop from January 2020. Specifically, China had a 7.3 percent fall in imports in January 2020 due to parts of the country shutting down in response to the Corona virus. For February, China had another 3.2 percent drop for the month.

The US did not show any impact in trade volume while the EU trade volume dropped 1.5 percent for February 2020. Will be interesting to see March and April numbers when reported.

General importing/exporting questions? Contact experienced trade attorney David Hsu by phone/email at: attorney.dave@yahoo.com.

CSMS – info for importing PPE and medical devices during COVID-19.

pexels-photo-3957986

Photo by cottonbro on Pexels.com

According to Cargo Systems Messaging Service (CSMS #42448725) titled: Information for Filing Personal Protective Equipment and Medical Devices During COVID-19.

Today the FDA provided an update for instructions to importers of personal protective equipment and certain other devices.

General purpose (non-FDA-regulated) personal protective equipment such as masks, respirators, gloves, etc or for industrial use (ie not to prevent disease or illness) is not regulated by the FDA, and as such entry information does not need to be transmitted to the FDA. The entry paperwork only needs to include the correct HTS code and the importer or customs broker should include the FD1 flag and “disclaim” for FDA.

On the other hand, products authorized for emergency use pursuant to an Emergency Use Authorization (EUA) do need to have the entry information submitted to the FDA. During the time of the coronavirus pandemic, however, the FDA information is less than prior to the pandemic.

Goods that are authorized by the EUA include:

· Non-NIOSH-Approved Respirators: 80QKU

· NIOSH-Approved Respirators

· Face Masks (Non-Surgical)

· Diagnostic Tests Kits

· Ventilators

· Face Shields

· Respirator Decontamination Systems

· Extracorporeal Blood Purification Devices

· Infusion Pumps

· Ventilators

· Diaphragmatic Pacing Simulator Systems

The full text of the CSMS can be found here.

If you  have any questions about your upcoming PPE or medical device import or want to ensure you are in compliance, contact experienced trade attorney David Hsu by phone/text at 832-896-62988 or by email at attorney.dave@yahoo.com.

COVID-19 victim? Huawei dropped as UK 5G vendor.

pexels-photo-3386511

Photo by Andre Moura on Pexels.com

One fallout of the COVID-19 pandemic is the United Kingdom’s recent decision to move away from China-based Huawei as the company to help build the UK’s 5G infrastructure. Last year, Prime Minister Boris Johnson (who is currently recovering from COVID-19) gave Huawei the lead in building the UK’s 5G infrastructure.

UK lawmaker Tom Tugendhat, the Conservative Party’s chairman of the House of Commons Foreign Affairs Committee, is quoted as saying: “It’s a shared realization of what it means for dependence on a business that is part of a state that does not share our values,” Tugendhat said.

This is likely welcome news to the US which was very critical of Johnson’s decision last year to go with Huawei – raising concerns by the US that China could use Huawei technology to collect intelligence.

The US viewed Johnson’s decision on Huawei as a major blow to the “five eyes” electronic surveillance alliance among the US, the UK, Canada, Australia and New Zealand. US officials fear China could use Huawei to collect intelligence.

If you or your company does business with Huawei, and you  have concerns about your export compliance, contact experienced import/export compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes non-FDA compliant thermometers.

pexels-photo-3987148

Photo by Anna Shvets on Pexels.com

According to a U.S. Customs and Border Protection media release, CBP officers in El Paso’s Bridge of the America’s facility seized a shipment of “pyrometers” (infrared forehead thermometers) with a value of over $7,000.

Upon examination, the CBP officers found the pyrometers to be non-compliant with FDA regulations. It is important for FDA compliance on these types of thermometers because they can give false readings if they do not meet strict FDA requirements.

If you have had your goods seized for non-FDA compliance, or if you have any questions about ensuring FDA compliance BEFORE you import, contact experienced import and export attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.