Huawei and ZTE excluded from India’s 5G network.

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In a surprise to no one, it is reported that India plans to implement their 5G network without use of any equipment or technology from China-based Huawei Technologies Corporation and ZTE Corporation.

There are two reasons for India’s decision:

  1. Last month, foreign investment rules were changed that allowed national security concerns with foreign countries that shared a border to India. The new rules allows India to restrict bidding by nations that may pose a national security concern to India.
  2. Border clashes between India and China resulting in 20 fatalities for India and an undisclosed number of Chinese troops.

India’s prohibition on Huawei and ZTE equipment is similar to action taken in the US, recently in the UK and Australia – in which these countries have raised concerns about the alleged Huawei and ZTE links to the Chinese communist government .

India says they will not join the largest free trade deal – the Regional Comprehensive Economic Partnership (RCEP).

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Yesterday, India’s Prime Minister, Narendra Modi announced India would not join the Regional Comprehensive Economic Partnership (RCEP).

The RSCEP is a proposed trade deal among 16 countries and has been discussed for the past 7 years and the subject of over 28 rounds of discussion. The RCEP was believed to be the “largest trade deal” because both China and India were expected to participate. China, India and 14-other nations in the RCEP would account for 40% of the world’s GDP.

In a public statement, the government of India cited several reasons to withdraw from the RCEP: (1) India wanted stronger wording on rules of origin, (2) change in the base year for the reduction of duties to be 2019 instead of 2014 and (3) for companies investing in India to procure a certain percentage of local input materials.

The remaining 15 countries have vowed to continue efforts to pass the RCEP with India’s involvement.

Do you have any general trade or customs law questions? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

China threatens retaliation if India bans Huawei.

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According to a Reuters article, China has warned India not to block Huawei from doing business in the country, warning there could be consequences for Indian firms operating in China.

Part of the warning comes as India is holding trials for a 5G networking in the upcoming months and has not yet determined whether they will invite Huawei to take part in the rollout of 5G in India.

The Reuters article says Indian companies do not have a larger presence in China, but do have manufacturing, healthcare, financial services and outsourcing companies there.

India is currently evaluating bids from 5G firms such as Ericcson, Nokia, Samsung and officials have not yet confirmed Huawei will take part. The Indian Department of Telecommunications have found no evidence of Huawei capabilities of a backdoor or malware to collect data and the Indian Ministry of Home Affairs has issued no directive to curtail Huawei’s entry.

Trump criticizes India for tariffs on Harley Davidson bikes.

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According to thePrint.in online, President Trump has criticized India several times for their high duties on Harley Davidson motorcycles. As recently as last June, President Trump has told Indian Prime Minister Modi the import duties were unacceptable.

Harley Davidson’s first entered the Indian market in 2007 in exchange for lifting a ban on Indian mango exports to the US (the “Mango” deal). However, in 2018, India incread the duties on “completely knocked down units” of Harley Davidson’s that are shipped to India for assembly. The 13 knocked down units are the lower priced models and are the majority of Harley Davidson motorcycles sold in India.

While Harley Davidson only sells about 2,500 bikes in India per year, President Trump views Harley Davidson and the brand as the “pride of the United States”, which also makes the brand an easy target for foreign governments to irritate the President.

President Trump likely supports Harley Davidson for multiple reasons: (1) the brand is popular among Trump’s voters in the midwest and Southern US, (2) Bikers for Trump is a group of motorcycle riders who also mostly ride Harley Davidson’s and (3) Harley Davidson’s headquarters is in Wisconsin – a Republican state that Trump needs for support in 2020.

Time will tell what products Trump will increase tariffs in retaliation. If you have any questions about duty rates or want to save duties on imports, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

India postpones retaliatory tariffs on US goods until January 31st.

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According to the Economic Times, India has postponed imposition of duties worth $235 million on American goods until January 31, 2019.

The retaliatory tariffs were in response to the Trump administration’s tariffs on imported steel and aluminum. The start date of India’s retaliatory tariffs was set for tomorrow (December 17th).

The new tariffs include a 120% tariff on US chickpeas, 70% tariff on chana and 40% on lentils.

The US and India are currently negotiating a settlement on various issues – India would like greater access to the US market for their agriculture, automobile, parts and engineering while the US seeks greater access for farm and medical devices.

Check back for the latest news as they become available. If you have any questions how your company’s exports to India may be impacted or if you have questions on how to save on steel and aluminum duties from India – contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

U.S. Department of Commerce Finds Dumping of Imports of Fine Denier Polyester Staple Fiber from China, India, Korea, and Taiwan.

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Image of denier polyester staple fiber courtesy of the Tianjin Glory Tang Technology Co., Ltd.

According to a U.S. Department of Commerce (Commerce) news release – the Commerce Department announced the affirmative final determinations in the antidumping duty (AD) investigations of imports of fine denier polyester staple fiber from China, India, Korea, and Taiwan.

Commerce determined that exporters from China, India, Korea, and Taiwan sold fine denier polyester staple fiber in the United States at less than fair value. The dumping margins determined by Commerce are as follows:

China – 65.17 – 103.06 percent
India – 21.43 percent
Korea – 0 – 45.23 percent
Taiwan – 0 – 48.86 percent

With today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of fine denier polyester staple fiber from China, India, Korea, and Taiwan based on the final rates, as appropriate.

I find it ironic, one of the petitioners is Nan Ya Plastics Corporation, America – a company that previously imported fine denier polyester staple fiber.

One interested statistic in the Commerce release – the Trump administration has 114 new antidumping and countervailing duty investigations since the beginning of the administration compared to the the 64 initiations in the last 489 days of the previous administration.

If you are an importer of fine denier polyster staple fiber from China, India, Korea or Taiwan and have questions how this decision may impact your business, contact David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.