United States 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
What are INCOTERMS, and How Important are They in International Contracts? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some
Last week I had a Zoom call with a long-time, no nonsense, client regarding an ongoing matter. As we were wrapping up the meeting, he mentioned his company was looking to start moving the manufacturing of some of its products from China to Vietnam or Thailand, and he wanted me to tell him what his
IP Strategies for the China Plus One Era I recently had a discussion with several of my law firm’s international lawyers about how so many of our clients are expanding their manufacturing operations or product sourcing beyond China. These clients now have an “international” strategy in which China is just one component, or in some
Should I Visit My China Suppliers? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people
Introduction I am an international transactions lawyer. I frequently handle the initial stages of transactions and often find myself negotiating with parties who do not have legal representation. In these scenarios, I am trying to put together the easiest and most streamlined contract that the counterparty will be comfortable with. This work requires a deep
Joint ventures with China factories are seldom a good idea.The better way to handle these relationships is usually with a China-centric distribution agreement that sets forth sales goals and allows you to walk away if your Chinese factory does not meet those goals. It usually makes sense to have a trademark licensing agreement with your distributor as well.
Mexico’s Business Future Under President Sheinbaum Mexico has ushered in a new era with the inauguration of Claudia Sheinbaum as the country’s first female president. I am optimistic about Mexico’s prospects for continued economic growth and increased foreign investment under President Sheinbaum. My clients keep asking what they should expect from her presidency. In this
The Bank Account Switch Scam The bank switch scam involves your regular product supplier asking you to make a payment to a new bank account or a new supplier asking you to make your first payment. After you make the payment, your supplier insists you still owe the full amount because it never received your
How to Succeed at Overseas Foreign Manufacturing More than a decade ago, I wrote an article for a supply chain magazine, on what I and my law firm’s international manufacturing lawyers saw as the ten keys to successful overseas manufacturing. Though the magazine no longer exists, I recently rediscovered the article when a potential client
