law bans imports xinjiang

New Law Bans All Imports from Xinjiang

On December 23, President Biden signed a new law that bans all imports from Xinjiang. Specifically, the new law establishes a rebuttable presumption that any product from Xinjiang was made using forced labor. Some observations: 1. Not Just a Xinjiang Problem We have repeatedly pointed out in these pages that even a total ban on

How to get your product through U.S. Customs

Getting Your Products Through U.S. Customs: The 101

If you are importing products into the United States you need to do your homework to make sure your incoming shipments comply with U.S. Customs laws and regulations. Compliance with U.S. Customs laws and regulations is critical to avoid your shipments being detained or seized, and/or penalties assessed. Common issues importers of products  typically face include

FourthingsimportersfromChinashouldknowaboutUSanti dumpingcases.

Four Things Importers From China Should Know About U.S. Antidumping Cases

Companies importing products into the United States from China may be unfamiliar with terms such as “non-market economy (NME),” “respondent,” and “surrogate values.” However, this quickly changes when such companies’ imported goods are subject to a U.S. antidumping proceeding.U.S. antidumping or “AD” cases are complex. This is especially true for “non-market economy” or “NME” cases,

China Employee Handbook Lawyer

How to Whip Your China Employee Handbook into Shape

If it has been a while (say over a year or longer) since you reviewed and updated your China employer rules and regulations, you should get on it now. Creating employer rules and regulations (a/k/a an employee handbook) takes a fair amount of hard work, but once you have a well-written handbook, updating it should

barbed wire

"Made in China" Is a Warning Label, But …

On December 2, U.S. Customs and Border Protection (CBP) issued a withhold release order (WRO) against cotton and cotton products made by the Xinjiang Production and Construction Corps (XPCC). XPCC has been described as a “state within a state,” which “functions like a government in running schools, policing and health care facilities across a number

China business deals

Five Keys to International Consulting Contracts

Our international lawyers have been getting an increasing amount of work involving the provision of services across borders. International service agreements are more complicated than international product sales agreements because they typically involve an ongoing and more amorphous relationship without easily definable deliverables. It is easier to write a contract to buy 1,000 widgets from

China MOU LOI

China Unreliable Entity Regulations

On September 19, China’s Ministry of Commerce (“MOFCOM”) issued the Regulations on Unreliable Entity List (“Regulations”), which took effect on the same date. Though we have not seen an actual list of unreliable entities, the Regulations set out the general principles for the Unreliable Entity List (UEL) system. Who can be included on the UEL? The

china law blog

Beware of China Lawyers

Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their

guards

Your China Risk Factors in These Tense Times

China is (again) in the midst of a concerted government crackdown against foreign companies doing business in China. And if that is not bad enough, if your country has been deemed by China to have disrespected it by speaking out against forced labor or enhancing diplomatic relations with Taiwan, your own expatriate staff themselves may

China employer law

China Employment Law Compliance: Follow These Eight Tips

If you take the time to understand and act according to China’s key employment laws, you can prevent many of the problems foreign employers typically face in China. Investing the time and money up front is much less expensive than the alternative. These eight tips will help you stay on the right track. 1. Write