New AD/CVD Petitions Disposable Aluminum Containers, Pans, and Trays from China On May 16, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of Disposable Aluminum Containers, Pans, and Trays from the People’s Republic of China.  The petitions were filed by the Aluminum Foil Container Manufacturers Association, consisting of Durable Packaging International, D&Q Fine pack, LLC, Hand-foil Corp., Penny Plate, LLC, Reynolds Consumer Products, LLC, Shah Foil Products, Inc., Smart USA, Inc., Trinidad/ Benham Corp. The disposable aluminum containers ar ..read more

China’s Amended Company Law Becomes Effective on July 1 China’s amended Company Law takes effect on July 1, 2024. Many companies have not considered the significant revisions that have been made and how they can and will affect companies that are doing business in China. Companies with legacy entities in China that have not reviewed or revised their corporate documents or structure should do so to ensure that they are taking the easy steps to remain in compliance moving forward. How to Prepare for China’s Amended Company Law As a corporate lawyer, I spend a large portion of my time reading law ..read more

Mastering Technology Licensing in China: A Comprehensive Guide China’s massive market size presents a tantalizing opportunity for companies with innovative technology. However, navigating the legal and business complexities of operating directly in China can be daunting, especially as tensions between China and so much of the rest of the world continue to increase. Technology licensing can offer a compelling solution. This post is designed for businesses of all sizes, from established companies to startups, who are interested in leveraging their technology to tap into the vast Chinese market w ..read more

China’s Four Most Common Business Scams and How to Avoid Them Post-COVID, our China lawyers have been seeing more than the usual number of foreign American and European companies coming to us after having been scammed by a Chinese company. In this post, I will explore four common China business scams and provide actionable steps to avoid these scams By following these tips, you can lower your risks and reap the rewards of doing business in China. The following are the four most common China scams we have been seeing in the last few years. 1. The China Junk Product Scam  My law firm has be ..read more

A Growing Trend with Political and Discriminatory Undercurrents More than two-thirds of U.S. states have either enacted or are considering laws limiting foreign ownership of land. Though these restrictions often encompass multiple countries deemed hostile to U.S. interests, China is almost invariably the primary target.  Proponents of land purchase restrictions argue that the federal government is failing to adequately safeguard states from potential threats posed by foreign (i.e. Chinese) ownership. However, the data paints a different picture. Though concerns regarding food security and ..read more

United States Sanctions New Chinese Companies Yesterday, the United States Treasury initiated sanctions against many Chinese companies and individuals in an effort “to further degrade Russia’s ability to sustain its war machine, continuing a multilateral campaign to limit the Kremlin’s revenue and access to the materiel it needs to prosecute its illegal war against Ukraine.” The Treasury Department’s press release regarding these new sanctions can be found here. This is a significant development, and it should be a wake-up call for businesses worldwide about the risks of doing business with Ch ..read more

China Intellectual Property Protections If you are doing business in or with China (and this includes having your products made in China), you need to safeguard your intellectual property (IP) rights there. Intellectual property encompasses intangible creations such as trademarks, copyrights, patents, and trade secrets. Trademarks: These are recognizable symbols, phrases, or logos that identify the source of your goods or services. In China, trademark infringement occurs when another company uses a registered trademark on similar goods or services. Copyrights: Copyrights protect original crea ..read more

When companies come to my law firm to protect their brand names from Chinese copycats, our international trademark lawyers typically tell them that applying for such a trademark takes about a week, but actually getting the trademark takes about ten months. We then tell them that until they get their Chinese trademark, they will be pretty much powerless to stop companies in China from using their brand name. Ten years ago, very few batted an eye at this. E-commerce has changed that, such that now when one of our China trademark lawyers tells a client that securing their China trademark will tak ..read more

Cutting Legal Corners in Emerging Markets Introduction It can be tempting to take shortcuts to expedite processes or reduce costs in an emerging market country. But these shortcuts often lead to legal and reputational risks that can have severe consequences for your business. Despite assurances (usually given to you by your local employee/fixer/partner) that your shortcut will work due to their personal connections or local customs, these shortcuts often create more harm than good, by leading to delays, fines, expulsion from markets, and sometimes even imprisonment. Real-Life Examples 1. Polit ..read more

How to Open a China Bank Account If you’re planning to live, work, or invest in China, opening a bank account is often an essential step. This post will walk you through the basic steps and requirements involved. Selecting the Right China Bank The first step is selecting a bank that fits your needs. Major state-owned banks like Bank of China and ICBC offer extensive experience in international services and many branches. But smaller, regional banks might cater to specific client demographics or offer more competitive rates. Preparing Your Documents Research the bank’s account opening requireme ..read more