China Issues Action Plan on Intellectual Property in Accordance With Phase One Commitments After Initial Delay

China Issues Action Plan on Intellectual Property in Accordance With Phase One Commitments After Initial Delay

On April 20, China’s National Intellectual Property Administration (CNIPA) released a 2020-2021 Implementation Plan (“IP Action Plan”), which includes a roadmap of 133 measures to execute the overarching Opinions on Strengthening the Protection of Intellectual Property Rights by the end of 2021. While those opinions were released by the State Council last November, predating the signing of the Phase One agreement, USCBC understands the IP Action Plan to be in direct response to items that were being negotiated as part of the US-China Phase One trade deal. 

Week in Review: US-China Relationship Strains, Buy American Executive Order, and Huawei Controls

Week in Review: US-China Relationship Strains, Buy American Executive Order, and Huawei Controls

A call last Thursday between Presidents Trump and Xi appears to have brought tensions over the COVID-19 response under control for now. This week, US government officials including Trump have emphasized the importance of bilateral cooperation, which includes the delivery of Chinese medical equipment to the United States this week.

China’s Pilot Program to Improve Transparency in Government Procurement

China’s Pilot Program to Improve Transparency in Government Procurement

China’s Ministry of Finance (MOF) launched a pilot program in early March aimed at improving transparency and impeding corruption and unfair competition in government procurement tenders. The program requires the finance departments of the central government, Beijing, Shanghai, and Shenzhen to disclose their procurement intentions for projects to be implemented after July 1, 2020. While MOF’s program may improve several long-standing challenges, it will not solve all issues that foreign companies face in the procurement process.

Week in Review: Phase One Progress, Medical Product Exemptions, and Medical Supply Chain Security

Week in Review: Phase One Progress, Medical Product Exemptions, and Medical Supply Chain Security

US and Chinese officials leading the Bilateral Evaluation and Dispute Resolution Offices, part of the Phase One agreement enforcement mechanism, are expected to hold their first formal call today to discuss implementation of the deal. Assistant United States Trade Representative Terry McCartin will lead the US team, and a deputy general from the Ministry of Finance is expected to lead for China.

Section 301 Modifications for COVID-19: USTR Call for Comments

Section 301 Modifications for COVID-19: USTR Call for Comments

The Office of the United States Trade Representative (USTR) is seeking comment on additional modification or elimination of tariffs on Section 301 medical care products. Last Friday, March 20, USTR issued a Request for Comments on Additional Modifications to the 301 Action to Address COVID-19, opening a comment period until at least June 25, though USTR may extend as appropriate and will be considering comments on a rolling basis.

Week in Review: Defense Production Act, Government Work Impacted, and the Dispute Resolution Mechanism

Week in Review: Defense Production Act, Government Work Impacted, and the Dispute Resolution Mechanism

The White House announcement invoking the Defense Production Act (DPA) to combat the coronavirus (COVID-19) delegates authority to Health and Human Services to prioritize and allocate existing medical resources, including through contracts with the private sector. It does not include measures to increase supply, like loans, purchase commitments, or subsidies. However, two of the main advocates for reducing US supply chain reliance on China, White House trade adviser Peter Navarro and Senator Marco Rubio (R-FL), are working on “alternatives” to ensure the domestic supply of pharmaceutical raw materials and medical devices, Trump said at a press briefing.

What is China’s “Secure and Controllable Alliance” and How Does it Impact the ICT Sector?

What is China’s “Secure and Controllable Alliance” and How Does it Impact the ICT Sector?

Conversations with USCBC member companies in the ICT sector point to the existence of an organization quietly working to shore up China’s ability to establish a technological ecosystem that is able to sustain itself solely on domestic components. While the existence of the alliance does not appear to have any major effects on US companies for the time being, this push for self reliance seemingly belies assurances from the Chinese government that policies calling for “secure and controllable” technology do not discriminate against foreign companies.

The Ecommerce Law, One Year On

The Ecommerce Law, One Year On

After years of under-regulation in online retail, China’s Ecommerce Law officially entered into force at the start of 2019. Although the law introduced sweeping reforms, the industry did not experience overnight change. China’s State Administration of Market Regulation (SAMR), the supervisory authority behind the law, has instead maintained a steady drip of measures and policies designed to implement and clarify various provisions of the Ecommerce Law. The result has been a more predictable and fair ecommerce regulatory environment.

Quarterly Update: Chinese Government Leadership Changes

Quarterly Update: Chinese Government Leadership Changes

Because of public concerns surrounding Wuhan’s handling of the COVID-19 epidemic, Beijing is sending new leadership to Hubei province. Many new local officials were nominated at local “two sessions” across China early this year, including in Shanghai and Jiangsu. The central government proceeded with leadership adjustments at the Liaison Offices in Hong Kong and Macau and the State Council’s Office of Hong Kong and Macau Affairs.

Week in Review: Export Controls Conversation, Tariff Waivers, and USTR's Focus

Week in Review: Export Controls Conversation, Tariff Waivers, and USTR's Focus

The tightening of the direct product and de minimis rules, targeting Huawei, remain on the table despite a key personnel change at the Department of Commerce. On Monday, Commerce Secretary Wilbur Ross announced that Earl Comstock, director of policy and strategic planning, would be stepping down today. It is unclear exactly what prompted the announcement, or who will replace Comstock, but the decision has reportedly been in the works following clashes between Comstock and the White House on several occasions.

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