Category Archives: China

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China Amends Law to Ban Theft of Foreign Trade Secrets

By Kathleen Cusack on Posted in China
Last week, China amended a draft of a proposed foreign-investment law in an effort to address global concern over forced technology transfers.  The new law, which bans officials from divulging corporate secrets, was approved by the Chinese legislature on Friday.  The amendments were made shortly before the law was put to a vote and are … Continue Reading

Third Wave of Section 301 Tariff Increases Officially Delayed

By Joshua Morey on Posted in China, Section 301 Investigations
On March 5, 2019, the Office of the United States Trade Representative (“USTR”) published a notice in the Federal Register officially postponing the date on which the rate of Section 301 duties on $200 billion of Chinese goods (i.e., List 3 items) will increase from 10% to 25%. USTR’s notice follows President Trump’s announcement of … Continue Reading

China’s Vice Premier Liu He to Visit Washington at End of Month to Continue Trade Talks

By Caroline Nugent on Posted in China, Trade Policy
Chinese Vice Premier Liu He will visit Washington on January 30-31, in connection with further discussions to resolve the ongoing trade dispute between the U.S. and China. Vice Premier Liu is expected to meet with U.S. Trade Representative Robert Lighthizer and U.S. Treasury Secretary Steven Mnuchin. Liu is a key economic advisor to President Xi … Continue Reading

Mexico, China and Section 301

By Laura Siegel Rabinowitz on Posted in China, Customs, Section 301 Investigations
One of the potential consequences of the U.S.-China trade dispute is that more companies may consider supply chain sourcing from third countries such as Mexico.   This may include direct sourcing in the third country or the processing of Chinese components into finished products in third countries prior to entry into the United States.  There are … Continue Reading

China Lingers in the Background of USMCA

By Joshua Morey on Posted in China, Market Access, NAFTA, Trade Agreements, Trade Policy
As we previously reported, the United States, Canada, and Mexico have reached agreement on the United States-Mexico-Canada Agreement (“USMCA”) to replace the North American Free Trade Agreement (“NAFTA”), which has governed trade between the three countries since 1994.  Article 32.10 of the agreement requires each country to notify the others of any intention to negotiate … Continue Reading

U.S.- China Trade Relationship Affects Recycling Practices

By Kathleen Cusack on Posted in China
The Wall Street Journal reported that the industry for recycled products is collapsing.  Until late last year, China was the largest importer of U.S. recyclables.  At the beginning of 2018, in a decision that many attribute to trade tensions between the U.S. and China, China imposed more stringent quality standards on imports of recycled material … Continue Reading

Chinese “Dumping” Duties Alter Grain Markets

By Kathleen Cusack on Posted in Antidumping/Countervailing Duties, China, WTO
The grain industry is reacting to the “temporary” Chinese preliminary antidumping duty of 178.6% on sorghum shipped from the United States, announced April 17, 2018. Reuters reported that Chinese importers of sorghum, a grain used to create ethanol and feed livestock, have asked the government in Beijing to waive the duties.  After the duties were … Continue Reading

Treasury Declines to Name China a Currency Manipulator

By Brooke Ringel on Posted in China, Economics, Trade Policy
On April 13, 2018, the Treasury Department released its biannual report to Congress on the Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, which declined to formally label China a currency manipulator under the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”). This is the third such report … Continue Reading

China Promises Economic Reforms and to Lessen Tariffs on Automobiles

By Kathleen Cusack on Posted in China, Market Access
President Xi Jinping announced on Tuesday that China will begin a “new phase of opening up” that will shift the Chinese economy towards a market-based model.  While it is not the first time the Chinese President has made these or similar promises, the remarks clearly are designed to forestall threatened U.S. tariffs and reduce  trade … Continue Reading

Trump Administration Releases Proposed List of Chinese Products for Additional 25% Tariffs

By Laura Siegel Rabinowitz on Posted in China, Section 201, Section 301 Investigations, Trade Policy, Uncategorized
The Trump Administration is using an infrequently used provision of the trade laws, Section 301 of the Trade Act of 1974 to impose an additional 25% tariff on $50 billion worth of Chinese products imported into the U.S.  The proposed list covers 1300 tariff lines and includes medicaments, pumps and valves, machinery for the oil … Continue Reading

The U.S. Fights Back at the WTO on China’s NME Status

By Brooke Ringel on Posted in Antidumping/Countervailing Duties, China, Trade Remedy, WTO
Last week, the United States filed its first legal analysis of the China non-market economy issue in a dispute at the World Trade Organization brought by China against the European Union. As we have reported here and here, the question of whether the United States would continue to treat China as an non-market economy (“NME”) … Continue Reading

In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

By Jennifer McCadney on Posted in Antidumping/Countervailing Duties, China, Manufacturing, Trade Remedy
  The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28.  An accompanying fact sheet estimates dumping margins on the subject merchandise to be between 56.54 and 59.72 percent, and estimates a subsidy rate above de minimis.  Trade cases are typically initiated in response to … Continue Reading

Commerce Continues China’s Status as a Non-Market Economy

By Brooke Ringel on Posted in Antidumping/Countervailing Duties, China, Trade Policy, Trade Remedy
On October 26, 2017, the Department of Commerce  announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis.  Commerce’s decision continues the long-standing practice of the agency with respect to the antidumping methodology it applies to cases involving China. Commerce was spurred to review … Continue Reading

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China Continues to Be a Non-Market Economy

By Joshua Morey on Posted in Antidumping/Countervailing Duties, China, Trade Remedy
On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China.  The Department calculated preliminary dumping margins of 96.81 and 162.24 percent for the two mandatory respondents under investigation.  Additionally, the Department set the rate for the PRC-wide entity at 162.24 percent … Continue Reading

U.S. Trade Negotiator Calls China “Unprecedented” Threat

By Michael Kelleher on Posted in China, Trade Policy
On Monday September 18th, U.S. Trade Representative Robert Lighthizer warned that China’s trade practices represent “a threat to the trading system that is unprecedented.”  This was his first public speech since being confirmed in May as USTR. The World Trade Organization (“WTO”) cannot “successfully manage mercantilism on this scale,” said Lighthizer at an event hosted … Continue Reading

Commerce Announces Preliminary Subsidy Margins on Certain Tool Chests and Cabinets from China

By Michael Kelleher on Posted in Antidumping/Countervailing Duties, China
On September 12th, the Commerce Department announced preliminary subsidy rates in its countervailing duty (“CVD”) investigation of certain tool chests and cabinets from China.  The rates calculated for the two examined Chinese producers and most other Chinese producers/exporters range from 17.32 to 32.07 percent.  See the Fact Sheet here. In addition, thirty-one Chinese companies that … Continue Reading

USTR Lighthizer Keeps Promise, Swiftly Initiates Investigation into Potential Chinese IP Violations

By Joshua Morey on Posted in China, Section 301 Investigations, Trade Policy
Four days after President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons, USTR Lighthizer formally announced the initiation of an investigation on August 18, 2017. The … Continue Reading

Trump Administration Takes Steps to Identify Chinese Violations of U.S. Intellectual Property Rights

By Joshua Morey on Posted in China, Trade Policy
On Monday, August 14, 2017, President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons. In a Section 301 investigation, if the USTR determines that a Chinese … Continue Reading

Schumer Urges Trump to Suspend All China-Related Mergers Pending Before CFIUS to Exact Tougher Approach on North Korea

By Jennifer McCadney on Posted in CFIUS, China, Trade Policy
Senate Minority Leader Charles Schumer wants President Trump to take a stand against China for its kids-gloves response to North Korea’s nuclear missile activity by using the Committee on Foreign Investment in the United States (CFIUS) to deny all pending requests involving Chinese acquisition of U.S. companies.  President Trump has been critical of China for … Continue Reading

US Govt Seeks $1.9 Million In North Korea Sanctions and Money Laundering Case

By Robert Slack and Matt Pereira on Posted in Anti Money Laundering, China, Export Controls and Sanctions
A recent suit filed by the U.S. Department of Justice (DOJ) for the forfeiture of nearly $2 million highlights the broad extraterritorial reach of U.S. sanctions laws.  On June 14, DOJ filed a complaint to seize funds associated with transactions between several Chinese companies, including Mingzheng International Trading Limited (Mingzheng).  Mingzheng and the other companies … Continue Reading
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