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

How to protect your IP from China with China IP lawyers

How to Destroy Your Own Company by Inadvertently Gifting Your IP to China

Years ago, I spoke at a major technology event on how to protect IP from China. I rarely use notes when I give a speech, which and I often riff on various things. At some point during that speech, I mentioned how technology companies tended to get into more trouble when it comes to China

When will China make a good pen?

Why Can’t China Make a Good Ballpoint Pen?

The title of this post comes from a terrific NPR Marketplace article of the same name. If you are doing anything related to manufacturing in China, this is the one article you should read this year. The article is based on a question Chinese Premier Li Keqiang asked in Beijing earlier this month. Li went

Do Not Copy

How to Prevent Your Manufacturer from Copying Your Product

Renaud Anjoran over at the Quality Inspection Blog has written a post that anyone who has products made in a foreign country should read. The post is entitled, How to Protect against Copies when you Manufacture in China, and it makes for an excellent guide on how to prevent your manufacturer from copying your products.

China Consultant

China Consultant or All Knowing China Expert

China’s recently stepped up efforts to root out unregistered foreign businesses in China has caused a rash of China consultants to retain the China lawyers at my law firm. From our work in forming China WFOEs (wholly foreign owned entities) for these consultants, we have discovered that many China consultants are falling dangerously short in

Vietnam, India, Mexico, Brazil. Anywhere but China.

China’s Golden Age for Foreign Companies is Over

Let the hate mail begin. Whenever we write on how things are getting bad for foreign companies doing business in China and on how foreign companies should think long and hard before doing business in China, we get hate mail or hate comments (which we typically delete). Many of these come from China consultants accuse

China attorneys

How to Manufacture in AND Sell to China WITHOUT a WFOE

Many of our clients that went to China years ago to have their products made there are now interested in selling those same products within China. One way to do that is to form a WFOE for selling the products, but oftentimes the cost and the hassle of doing that is not worth it, especially

Vietnam manufacturing lawyer

China Plus One: Strategy or Theory

The goal of this post is to start a discussion on how and why to diversify away from China. Does a China plus one strategy make sense and if so, why? Earlier this week, I wrote an article, China Plus One: How Vietnam’s Riots Help American Businesses, the theme of which is that Vietnam —

International manufacturing lawyers

A Template Manufacturing Term Sheet

Just got off the phone with a client who asked me to provide it with a “term sheet template” for buying product from a Vietnamese manufacturer. We generally advise our clients reach agreement on “key terms” before we start drafting their Manufacturing Contract. It is not productive for us to start drafting a manufacturing contract

China design Patents

China Design Patents

We have written a number of times about the need to register intellectual property in China with the appropriate authorities. And we usually put particular emphasis on registering trademarks in China, because doing so is an easy, obvious, and relatively economical first step in IP protection. But for those selling or manufacturing products in China,