The Contract Basics When Selling Your Product Internationally
The first step for drafting an international product sales agreement is to deal with the basic sales terms. The terms for customization and cooperative design can come later.
Beware the False Claims Act When Importing Products
The U.S. Government has been cracking the whip on products illegally transshipped from China. Chinese companies and U.S. importers of their products often tell me they are not concerned about U.S. Antidumping (“AD”) and Countervailing Duty (“CVD”) orders because they can “just get around those orders by transshipping our products to Malaysia, Vietnam, Philippines, Sri
United States Importer of Record Liability
The US Importer of Record is liable for antidumping and countervailing duties tied to the product imported. The Importer of Record is the company listed in Block 26 of the U.S. Customs 7501 form. Importer of Record must exercise reasonable care in importing products and in filling out Customs forms Under US Antidumping (AD), Countervailing
China Labor Dispatch Rules
China permits only the following three categories of “dispatched” employees to be hired by a labor dispatch agency: Temporary employees with a term of no longer than 6 months. Auxiliary employees who provide supporting services that are not central to the employer’s core business. Substitute employees who perform tasks in replacement of permanent employees during
China Employer Rules and Regulations and Why You Must Have One
China employers must have written labor contracts with each of their full-time employees. Not having a written labor contract exposes employers to penalties, administrative fines, and the risk of being deemed to have entered an open-term labor contract with the employees lacking the contract. Most companies now understand this, but many do not realize that
China’s New Online Publishing Rules
On March 10, 2016, the PRC government will impose new rules to govern online publishing in China. Under these new rules, all entities that intend to publish online in China must first obtain an Online Publishing Service Permit from SAPPRFT. The OPS Rules set out the conditions for obtaining the required permit. The Chinese government strictly
On Being a China Lawyer and on Doing Business In China: An Interview
I was interviewed last year by as part of an ongoing interview series on strategy and innovation. The below is that interview [it is no longer online anywhere else]. Dan Harris is the founder of Harris Sliwoski, an international law firm with offices in Seattle, Portland, Los Angeles, Phoenix New York, Barcelona, Madrid and Beijing.
Getting Money Out of China: What the Heck is Happening?
My law firm’s basic mantra about getting money out of China is that if you consistently follow China’s laws, it ought to be no problem. This though has not been true lately. In the last week or so, our China lawyers have probably received more “money problem” calls than in the entire year before that.
Student Interns in China: The China Employment Law Issues
Hiring interns in China (like pretty much everything involving China employment laws) is complicated and local. And when I am tasked with figuring out how one of our clients may legally do that, I almost always have to review applicable national, provincial and local laws and regulations and engage in followup conversations with the relevant
How to Form a WFOE in China: What’s Hong Kong Got to Do With It?
When making a WFOE (Wholly Foreign Owned Enterprise) or JV (Joint Venture) investment in China, an investor must consider who or what will be the shareholder(s) in the PRC entity. Will the investor invest directly, or will they create a special purpose subsidiary company (an SPV or Special Purpose Vehicle/a/k/a SPE or Special Purpose Entity)