China Market Intelligence

August 9th, 2018
By Angela Deng

In response to the US announcement on Tuesday that 25 percent tariffs on the finalized list of $16 billion of Chinese imports will go into effect on August 23, China today decided to impose the same tariff rate on an equal dollar amount of US imports. China’s retaliatory tariffs will also go into effect on August 23. In a statement released after the Office of the US Trade Representative (USTR) announcement, China’s Ministry of Commerce called the US tariffs “very unreasonable” and said that...

August 8th, 2018
By Ian Hutchinson

As the Belt and Road Initiative (BRI) spreads, having accounted for $250 billion in construction in about five years, it is inevitable that commercial disputes will emerge. In an effort to expeditiously work through caseloads, the Supreme People’s Court of China (SPC) established the new China International Commercial Courts (CICC) for international commercial cases.

China took a step toward establishing these courts in September 2017 when it signed on to the Hague...

August 8th, 2018
By Chynna Hawes

The Shanghai Free Trade Zone (FTZ) Market Regulatory Authority (MRA) recently issued a penalty decision against a foreign medical product distributor for false promotion under the Anti-unfair Competition Law (AUCL), the revised version of which came into effect January 1. The recently created State Authority for Market Regulation (SAMR) assumed enforcement responsibilities for the AUCL, and in May announced it would step up implementation with a six-month campaign through October....

August 8th, 2018
By Ricky Altieri, Chenyu Wu, Mohan Sun

Made in China 2025 (MIC2025), a central government economic plan that supports the development of advanced technology industries, has resulted in a slew of provincial legal documents with important implications for foreign businesses. Although they vary in specificity and length, these documents illuminate how this broad national initiative is being translated into concrete local government action.

Taking the form of action plans, guidelines, and opinions, this...

August 8th, 2018
By Owen Haacke

On July 28, the US-China Business Council (USCBC) submitted comments to the National People’s Congress concerning the third draft of the Ecommerce Law. The English and Chinese versions of the comment letter are on the USCBC website.

USCBC authored analyses of the first and second drafts of the law for members and provided comments on the first draft to the Chinese government. In successive drafts, the law’s focus on consumer data privacy, restrictions on ecommerce...

August 7th, 2018
By USCBC Staff

After a globe-spanning career taking him from Beijing to Seattle and from Japan to South Africa, Craig Allen is shifting gears. With a venerable career in public service behind him, he is now set to lead the US-China Business Council, a private, nonpartisan, nonprofit organization of approximately 200 American companies that do business in China.

Craig started his career in the International Trade Administration (ITA) of the Commerce Department, first as a Presidential Management...

August 6th, 2018
By USCBC Staff

In response to the Trump administration’s announcement yesterday that they would increase planned tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, China has threatened new tariffs on $60 billion in US products. The tariffs cover 5,207 different US products, and will be assessed at four different rates ranging from 5 to 25 percent.
 
In a statement released last night, China’s Ministry of Commerce (MOFCOM) said that “this kind of extreme pressure and...

July 25th, 2018
By Anna Ashton

A California Court of Appeals decision in a recent case has potentially significant implications for US companies seeking to enforce contracts with Chinese partners that agree to jurisdiction in the California courts to resolve disputes.

US companies’ contracts with Chinese partners frequently include agreements to submit to the jurisdiction of US federal and state courts for arbitration rather than Chinese courts, and to accept notice of legal proceedings by mail...

July 25th, 2018
By Angela Deng

The Trump administration’s Section 301 case on China’s intellectual property rights (IPR) and technology transfer policies appears to be headed for additional escalation, with a second phase of tariffs expected to be implemented by early September and no indication that the two governments are seeking a negotiated solution.

Of the $50 billion worth of Chinese imports that the US government announced in June would be subject to an additional 25 percent tariff, the...

July 25th, 2018
By Owen Haacke

US companies with an “in China, for China” strategy regularly work to improve responsiveness to consumer demands in an effort to remain competitive. The pace of change is faster in China than other global markets, and constant adaptation of strategy and products can be necessary.

China market competitiveness is the top priority for many companies, and quickly developing products tailored to the China market can help firms achieve that goal. However, companies...

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