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.
Your China Factory is Your Toughest Competitor
Chinese factories are notorious for making their own-label products that bear a strong resemblance to the products they make for their foreign company manufacturing companies. And here's the thing: it is perfectly legal for your Chinese factory to copy your products unless you have a contract forbidding it. And it is also perfectly legal for them to use your brand name in China (or even to register it as their own trademark) if you have not registered your brand name as a China trademark.
China Sucks at Basketball: What Does That Tell Us?
China basketball: Where is the Joy? I am convinced I can understand about 50% of a country by going into five of its grocery stores and by watching five basketball games of its best players. I have a friend who is a dancer, and she says she can understand a country by watching its people
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
Enforcing US Judgments in China
At least once a month, one of our international litigation lawyers will get a call or an email from a U.S. lawyer seeking our help in taking a U.S. judgment (usually a default judgment) to China to enforce. The thinking of the U.S. lawyer is that all we need to do is go to a
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 Hostage Situations With a New Twist
China Hostage Situations Our China lawyers regularly get contacted regarding China hostage situations. So often in fact that they have become relatively routine. I will set the typical hostage scene by harkening back to a 2009 article, entitled, China Hostage Situation. Now IS A Good Time To Pay Your Debts [link no longer exists]. That article
Forming a China WFOE: Ten Things to Consider
By popular demand we are reprising our “Ten Things To Consider” series, starting anew with forming a China WFOE. Here goes. Make Sure Your Business Scope is Legal. Too many WFOEs never get past the starting line. A number of industries are restricted to foreign-invested companies, so before you sign a lease in Shanghai or
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