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China

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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…

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…

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…

On June 24, 2021, the White House announced that US Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) on silica-based products made by Hoshine Silicon Industry Co., Ltd., a company located in Xinjiang, and its subsidiaries. This WRO is based on information reasonably indicating that Hoshine used forced labor to manufacture silica-based products. As a result, personnel at all U.S. ports of entry have been instructed to immediately begin detaining shipments…

On June 23, 2021, the Department of Labor published in the Federal Register a notice announcing public availability of an updated list of goods—along with countries of origin—that the Bureau of International Labor Affairs (ILAB) has reason to believe are produced by child labor or forced labor in violation of international standards (the List). ILAB is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act…