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Frank Pan

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Navigating Global Anti-Dumping Procedures: A Comparative Table of Anti-dumping Procedures in Key Jurisdictions

By , , , , , and 2 Mins Read

In the realm of international trade, the anti-dumping instrument plays a crucial role in safeguarding domestic industries against unfair trading practices. The high number of anti-dumping investigations initiated around the world, as well as an increasingly broad product scope (such as touted cases on hydrogen or electric vehicles), mean that many internationally active companies will need to be aware of anti-dumping. While World Trade Organization law sets out the general framework for municipal anti-dumping rules,…

China is set to review the trade remedies measures on Australia barley

By 3 Mins Read

The Ministry of Commerce of China (“MOFCOM”) initiated an antidumping and countervailing duty administrative review of Barley from Australia, effective on 14 April 2023. For all Australian barley exporters, this is an opportunity to revoke the existing antidumping and countervailing duties and resume exportation to China. Background Since 19 May 2020, Australian barley has been subject to 73.6% antidumping and 6.9% countervailing duties in China, following the original antidumping and countervailing duty investigations launched by…

China initiated new “trade barrier investigation” against Taiwan

By 2 Mins Read

The Chinese Ministry of Commerce (“MOFCOM”) announced on April 12, 2023 that it has initiated a trade barrier investigation involving 2,455 categories of Chinese products that may be subject to import restrictions or prohibition in Taiwan, including agriculture, mineral, chemical, and textile products. The outcome is expected to be announced by October 12,2023, or January 12,2024 if the investigation is extended. Due to the current geopolitical tension between Taiwan and China, it is possible that…

China Customs’ new practice further challenges the implementation of post-importation TP adjustments

By , and 5 Mins Read

Introduction Post-importation transfer pricing (“TP”) adjustments have always presented great challenge for multinational companies doing business in China due to the lack of formal nationwide mechanism which simultaneously addresses the tax, customs and foreign exchange administration requirements, in order to allow customs valuation adjustment to be made in response to a post-importation TP adjustment. While a TP and customs aligned approach which was introduced in a pilot program in Shenzhen in 2022 allows retroactive TP…

China’s New Regulatory Requirements for Imported Food Products

By , and 4 Mins Read

On 12 April 2021, the General Administration of Customs of China (“GACC”) issued Order No. 248, which sets out new requirements for the registration of qualified foreign food producers that are allowed to export food products to China, effective from 1 January 2022. This Order represents a significant move toward tightening up the regulation of foreign made food products imported into China. As the date of coming into force of the Order is fast approaching,…