CBP seizes counterfeit goods totaling over $686,000.

Seized counterfeit goods, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized two shipments at the International Mail Facility near O’Hare International Airport. The shipments orginated from Thailand and were to be delivered to Alabama and Texas. The seizure of 451 pieces of jewelry, apparel would have been worth $686,000 if genuine and not counterfeit.

The counterfeit goods were marked with popular luxury brands such as Louis Vuitton, Chanel, Gucci, Rolex Watches and others.

CBP noted the poor packaging, low declared value and overall low quality as indicating the goods were counterfeit.

If you have had your goods seized by CBP, contact David Hsu at anytime by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.

New Indo-Pacific Economic Framework?

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Last week, the United States launched the creation of the Indo-Pacific Economic Framework (IPEF), an effort by the current administration to improve U.S. ties with the region which the White House said aims to strengthen U.S. ties in the Asia-Pacific region. The IPEF effort is to also limit China’s influence in the region as China has officially applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

The initial IPEF members include: Australia, Brunei, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. While Taiwan is absent from the initial 12 member list, the U.S. claims they will work on a separate bilateral agreement with Taiwan on trade and economic affairs.

According to the press release, the goals and purpose of the IPEF include:

  • digital economy and e-commerce, including cross-border data flows, data localization, online privacy, and discriminatory and unethical use of artificial intelligence
  • labor and environment issues and corporate accountability
  • supply chain resiliency, including establishing an early warning system, eliminating bottlenecks in critical mineral supply chains, improving traceability in key sectors, and coordinating on diversification efforts
  • accelerated implementation of the WTO Trade Facilitation Agreement
  • facilitating agricultural trade through science-based decision-making and sound, transparent regulatory practices
  • clean energy, decarbonization, energy efficiency standards, infrastructure, and methane emissions
  • enforcement of effective tax, anti-money laundering, and anti-bribery regimes that include provisions on the exchange of tax information, criminalization of bribery in accordance with UN standards, and effective implementation of beneficial ownership recommendations

The participants will meet later in June to work out the details that will ultimately need Congressional vote and approval. More information about the IPEF will be posted as they become available.

If you have any trade, customs, import, export or compliance questions – please contact David Hsu by phone/text/email, anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Taiwan’s CPTPP application followed by China’s CPTPP application.

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According to a Reuters article, Taiwan’s economy minister, Mei-hua Wang, voiced concern last week after China’s “sudden” decision to apply to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) following Taiwan’s application.

In response, the Taiwan economy minister claims China’s current policies are counter to the principles of free trade and transparency expected by CPTPP members – such as China’s use of import bans and potential inability to meet the high standards required of CPTPP participating countries.

According to the Reuters article, one such motivation for China’s sudden application is because China views Taiwan as part of its territory and does not want Taiwan to join before they join.

The CPTPP was originally going to be known as the Trans-Pacific Partnership (TPP) but the trade agreement was drastically changed in 2017 when former President Donald Trump withdrew the US from the agreement. This led to creation of the current CPTPP linking the following countries: Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Besides Taiwan and China, Britain is also applying for membership.

Lastly, Reuters writes Taiwan has been heartened by recent progress towards trade agreements with the United States and the European Union, which are both frustrated with China’s lack of progress in opening its economy and are keen to show their support for Taiwan’s democracy and much freer market policies.

Taiwan to join the Trans-Pacific Partnership?

Hsinchu, Taiwan.

The Obama administration supported the US’s participation in Trans-Pacific Partnership (TPP) – a multilateral trade agreement between the US and 11 other nations: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. When President Donald Trump won the presidency in 2016, he fulfilled his campaign promise and withdrew from the TPP.

Following the US withdrawal – the remaining nations named the trade deal the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) linking Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

This past week, Taiwan announced they will submit an application to join the CPTPP. New member applications are required to hold informal talks with existing member and reach a consensus before they can apply.

One potential roadblock for Taiwan’s entry into the CPTPP could be China’s joint application to join the CPTPP.

If you have any questions about the TPP, CPTPP or any other trade agreement – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Huawei Docs to replace Office, Google Docs and iCloud?

apple internet technology computer
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2 days ago, Huawei announced “Huawei Docs”, an office productivity software suite with individual software titles: Document, Spreadsheet and Presentation – clear alternatives to Microsoft’s Word, Excel and Power Point. Take a page from Google, Huawei Docs claims to support over 50 types of file formats and “Huawei Drive” allows users to save changes to the same document across all devices using their “Huawei ID.”

For Huawei users, Huawei Docs is avialable on all Huawei Mate 40 devices worldwide. While Huawei is number one in the world for most phones shipped, this new office productivity software can only increase sales.

Ultimately, I believe this move by Huawei is a result of the export ban on Huawei – preventing Huawei from accessing Google software and or Microsoft apps found on the Google play store.

Do you supply goods to Huawei and want to know if you are in compliance with the current export regulations? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com for a no-cost consultation.

Advance rulings: limiting your USMCA import liability.

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Every importer of record needs to make declarations to Customs regarding tariff classification, valuation, origin of imported goods and more. Incorrect declarations can potentially lead to long term and expensive problems for the importer.

The NAFTA rules provided a method in which importers could seek guidance from Customs through an advance ruling to predetermine tariff classification, valuation, regional value issues, questions on qualifications of originating good, country of origin marking requirements, and more. NAFTA limited requests for guidance to only importers in the US and exporters and producers in Canada and Mexico who exported their goods to the US.

Fortunately, the new USMCA implemented several key changes. First, the USMCA not only allows an importer, but also allows an exporter, producer or anyone related to the trade transaction to request an advance ruling. Advance ruling requests are no longer limited to domestic residents.

Secondly, the USMCA agreement requires Customs to make a decision within 120 days – increasing transparency and predictability to the advance ruling process. Additionally, the USMCA also identifies the subjects that can be decided through ruling requests – tariff classification, customs valuation, origin of goods, quotas or “other issues agreed upon”.

Lastly, the USMCA offers increased protection in the event of customs modifying or revoking an advance ruling. Under the USMCA, an advance ruling cannot be revoked or modified if doing so will hurt the original ruling requester – unless the requester did not follow the advance ruling or the ruling was based on false information provided by the requester.

The best way to limit your USMCA import liability is to request an advance ruling – taking out the guesswork before the goods are shipped or entered into the US. Please do not hesitate to contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Hong Kong could lose special status and trade benefits.

Last year, the US passed a law that requires Hong Kong to retain independence to qualify for the continued favorable trading terms with the US. I mentioned this in my blog post on June 15th, 2019 here.

The bill requires the US Secretary of State to certify each year that Hong Kong remains autonomous from China. If Hong Kong does not pass the certification of independence from China, then Hong Kong would lose trade privileges with the US (goods from Hong Kong will now be subject to duties on goods from China).

Fast forward almost a year later – where in late May China’s central government passed a national security law to apply to Hong Kong (as Hong Kong has not been able to pass such a law since they were handed back to China in 1997). The new security law would ban secession, subversion of state power, terrorism, foreign intervention and allows mainland China’s state security agencies to operate in the city.

After passage of the security law, Secretary of State Mike Pompeo told Congress that Hong Kong was no longer independent from China – signaling a potential move towards Hong Kong not passing certification.

If Hong Kong loses it’s special status a big impact would be on tariffs on goods from Hong Kong would now apply. This would impact over $66 billion in trade according to 2018 trade numbers. In 2018, Hong Kong was America’s third-largest market for wine, 4th largest for been and seventh largest for agricultural products.

If you have any questions how your imports or exports to and from Hong Kong may be impacted, contact David Hsu 24/7 by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com.

US pork exports to China increase while US faces meat shortage.

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Photo by mali maeder on Pexels.com

As part of Phase 1 of the US/China trade deal, China agreed to purchase more US goods and one such product has been pork to replace 1/3 of China’s hog population that was decimated in mid-2018 due to African swine fever. Besides pork, China also imported more US beef and poultry products after lifting a prior ban on US poultry. However, one downside of the Phase 1 trade deal has been exasperated by the meat processing plant closing as a result of COVID-19 infections. This has created the issue of too much meat being exported and not enough fresh meat being stocked in US grocery stores.

The U.S. meat shortage and the Phase 1 goals of increasing exports to China seem to be opposing forces, raising the question of whether sales and shipments will or should be limited. Some restrictions would not be surprising given U.S. President Donald Trump’s more combative tone in his recent comments on trade with China.

March 2020 saw the second highest volume of pork to China with the US exporting 95,892 tons, with a combined total of 280,507 tons of pork and pork product exported so far in 2020 (an increase of 300% over the first three months of 2019) with chicken feet being the largest exported US poultry item to China. The combined value of all pork, beef and poultry exports to China for January to March of 2020 totaled $781 million.

If you have any questions about the China trade deal or the 301 duties, contact David Hsu anytime by phone/text at 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

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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.

USMCA Signing Day for the US.

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

Later today, President Trump will sign the house and senate approved USMCA bill. The replacement for the 25-year old trade agreement NAFTA won’t immediately take effect as Canada remains the only country that has not yet approved the USMCA (expected to do so in a few weeks). Give me a call/text if you have questions how the USMCA will impact you or your business – 832-896-6288 or send me an email at attorney.dave@yahoo.com, dh@gjatradelaw.com.