Since the United States Trade Representative (“USTR”) formally initiated the Section 301 investigation against China in late August 2017, much has transpired in the trade relations between the United States and China. A so called “Phase One Agreement” was reached in late 2019, which brought […]
China remains the world’s second largest economy, and may indeed surpass the US before the COVID-19 pandemic. An increasing proportion of China’s industrial output and other Asian output is consumed locally or regionally within the Asia Pacific. As a result, US brand owners, manufacturers, and […]
Interview by China Law & Practice Q3 2018 William Marshall of Tiang & Partners speaks to Jacelyn Johnson about the exciting times of being a trade lawyer amidst a burgeoning trade war between US and China, the impact of tariffs, and what lawyers should expect […]
On 28 July 2021, the U.S. Dept. of Justice announced a settlement in a customs fraud case[1]. The announced settlement of US$6 million includes underpaid duties and penalties against the importer of Chinese apparel and his two related companies. This settlement also includes a 20% […]
It is no secret that climate policy and human rights are now at the top of the US government’s policy agenda[1]. While social and environmental responsibility and sustainability efforts have long been a routine business practice in the consumer goods supply chain, those efforts have […]
Since late 2012, there has been a standing prediction amongst trade and customs lawyers that a wave of whistleblower cases alleging false claims in customs and trade transactions would eventually overwhelm importers[1]. This prediction seemed reasonable in the wake of a $45 million settlement between […]
The current political situation in Hong Kong has been at the top of the global news cycle for the better part of two years. In 2019 the news was dominated by pro-democracy political protests. In 2020 reporting on Hong Kong focused on the Central Government’s […]
Both political parties have made promises around the return of manufacturing to the Unites States. Vote for them and this will be the certain result of their shrewd policies, so they say. Leaving aside the grandiosity of these promises, it highlights one of the few […]
I have mentioned early on in the US-China trade dispute that China is not without its own levers with which to impact the bi-lateral trade in high-tech goods and technology. It seems after more than two years of some restraint in this regard, China is […]
On 22 May, China has announced duty reductions on imported automotive vehicles and parts. The duty rate for imported vehicles has reduced to 15% from 25% whilst the duty rate for parts has generally been reduced to 6%. Please find a link to the announcement […]
INSIGHTS US Sanctions Impact on HK Fintech 24-Apr-2018 Hong Kong is transitioning from a major hub of traditional financial services to one of equal or greater significance in the crytocurrency and fintech space. Whilst the bodies well for the future of Hong Kong’s financial services […]
Fintech Future by William Marshall 01-May-2018 Hong Kong is transitioning from a major hub of traditional financial services to one of equal or greater significance in the cryptocurrency and fintech space. Whilst this bodes well for the future of Hong Kong’s financial services sector and […]
William Marshall was quoted by The Legal Week in its recent article “‘There’s a direct negative impact on our clients’ – Lawyers Wary as US-China Trade Tension Escalates”, concerning the escalating trade tensions between the United States and China, trade lawyer are facing calls from clients to help […]
INSIGHTS American Lawyer Magazine Quotes William Marshall on Impact for Lawyers of Possible U.S.-China Trade War 29-Mar-2018 William Marshall & Co. Principal was quoted by The American Lawyer in its recent article “Lawyers Wary as US-China Trade Tension Escalates, concerning the escalating trade tensions between the […]
The announcement came from the Ministry of Commerce today in China and is said to affect as many as 106 items of US origin. These products have been widely reported as being soybeans, automobiles, aircraft, orange juice, and beef amongst other items. An unofficial translation of […]
The Office of the United States Trade Representative has issued its proposal for the assessment of an additional 25% tariff on over 2000 items of Chinese origin being imported into the United States. The products covered by this list include many tech products, machinery, as well […]
William Marshall & Co. Principal was quoted by The American Lawyer in its recent article “Lawyers Wary as US-China Trade Tension Escalates”, concerning the escalating trade tensions between the United States and China. The article quotes Marshall as stating that “the Trump administration’s anti-China trade policies as articulated by trade […]
With effect from 2 April 2018, the State Council of the People’s Republic of China have officially authorised the General Administration of Customs to implement retaliatory tariffs on 128 products of US origin. The measures imposed by China are, in its view, authorised retaliatory measures […]
INSIGHTS Draft Intra-Company Agreements: Common Problems and Best Practices for a More Efficient Supply Chain 27-Mar-2018 For multinational companies, having a complex web of intra-company transactions and supporting agreements is commonplace. It has often been the case that in-house legal departments view the drafting of such intra-company […]
[SPEAKING] 29-Mar-2018 Join William and register for the 6th APAC Trade Compliance Summit in Shanghai on 19-20 April. Hear from senior customs officials and best practices from in-house counterparts as well as outside advisors. He will be a keynote speaker on customs audits and investigation of the region […]
Are you paying too much in US customs duty or concerned about the impact of the soon-to-be implemented tariffs on China-origin merchandise? Many companies impacted by tariffs on China-origin imports into the US may not now be paying much, if any, duty on their US […]
For multinational companies, having a complex web of intra-company transactions and supporting agreements is commonplace. It has often been the case that in-house legal departments view the drafting of such intra-company agreements as perhaps less substantial than some of their other tasks, which is understandable. […]
The Hong Kong Lawyer The General Administration of Customs of the People’s Republic of China (“China Customs”) has released the Decree on the Promulgation of the Measures of the People’s Republic of China on Customs Enterprise Credit Management [GAC Order 237, dated 3 March 2018] (“Order 237”). […]
INSIGHTS 4 Things to Consider Doing to Protect Your Company from Tariffs on Import from China 22-Mar-2018 With the imposition of significant tariffs on imports from China, the question on everyone’s mind is: What will happen now? Will China retaliate? If so, in what way? How […]
This morning, the Ministry of Commerce (“MOFCOMM”) issued an official statement that it intends to impose tariffs on certain imported products of United States origin in retaliation for US tariff measures on steel and aluminium products announced earlier this month by Presidential Proclamation. Products Impacted […]
Yesterday, President Trump issued a memorandum authorising US Trade Representative Robert Lighthizer to take all appropriate action under Section 301 of the Tariff Act to remedy the acts, policies, and practices of China that are unreasonable and discriminatory and that burden or restrict US commerce […]
Reuters has quoted William Marshall in the article “China calls US repeat abuser of world trade rules as it braces for more Trump tariffs“, regarding China Retaliation on US Tariffs, and it may make the daily business become more difficult. Shanghai (Reuters) at The Straits […]
With the imposition of significant tariffs on imports from China, the question on everyone’s mind is: what will happen now? Will China retaliate? If so, in what way? How will this impact us? While these are certainly important questions, there is another question that is […]
On Monday March 19, 2018, The US Department of Commerce, Bureau of Industry and Security (“BIS”) published Interim Final Rules, which provide instructions for parties in the United States to submit requests for exclusions from the additional tariffs implemented on 8 March 2018 by Presidential […]
Further to the announcements that have been coming from the National People’s Conference this week regarding the reorganisation of the Chinese central government, a new annual report obligation has been announced on 12 March by joint decree of the Ministry of Commerce, Ministry of Finance, […]
Yesterday, the State Council issued its legislative proposal for 2018. Amongst the proposed bills for submission to the Standing Committee of the National People’s Congress, this year are the Export Control Law and the Encryption Law, both released previously in draft form. There is no […]
Yesterday, the State Council’s institutional reform plan was submitted to the 13th National People’s Congress for deliberation and consideration. This plan is one of the most significant restructurings of the State Council ever proposed. Its impact on business in China and trade into China could well […]
South China Morning Post William Marshall says World Trade Organisation rules include procedures to address unfair practices without risking a trade war, which may inflict even more pain on the US as nations like China seek oblique ways to retaliate. US President Donald Trump has made China’s trade […]
INSIGHTS The Law of Unintneded Consequences: The Us’s Lawless Approach on Steel and Aluminium Tariffs are likely to Backfire 9-March-2018 The US under President Trump has made China’s substantial trade surplus a primary economic issue and now even one of national security. The tariff protections […]
Further to our update last week on President Trump’s informal announcement of impending tariffs on steel and aluminium imports, yesterday the US indeed imposed such tariffs by Presidential Proclamation, which we link here for steel and aluminium respectively. With effect from 12:01AM Eastern Time on […]
The General Administration of Customs of the People’s Republic of China (“China Customs”) has released the Decree on the Promulgation of the Measures of the People’s Republic of China on Customs Enterprise Credit Management [GAC Order 237, dated 3 March 2018] (“Order 237”). This Order, […]
The American Lawyer President Donald Trump’s plan to impose hefty steel and aluminum tariffs has created uncertainty for businesses, prompting more work for Asia-based trade lawyers. As the threat of a China-U.S. trade war continues to escalate, an attorney who previously was head of Baker McKenzie’s […]
The Lawyer 06-Mar-2018 A former Baker McKenzie partner has set up his own boutique law firm focusing on international trade. William Marshall was the head of Baker McKenzie’s international trade and commerce practice for Hong Kong and China between 2013 and 2016, before leaving to […]
Asia Legal Business By John Kang 06-Mar-2018 William Marshall, formerly a partner at Baker McKenzie and Deloitte, has launched his own boutique law firm in Hong Kong focusing on international trade regulatory and related supply chain commercial matters. The new firm is called William Marshall […]
In an industry “listening session” with US steel and aluminium producers, President Trump stated that as soon as “next week” the United States would be imposing additional tariffs on steel and aluminium imports, possibly of all origins. Whilst these remarks are not an official imposition […]
South China Morning Post William Marshall says while the Trump administration’s aggressive moves against China are making the headlines, it may be the longer-term Chinese plan to build up its intellectual property heft that will have a greater impact. Since the election of US President Donald Trump, […]
Real Money, The Street There is sure to be collateral damage caused by the decision by the United States to start its own action against China’s aluminum industry without being asked to do so by U.S. companies. The question is, how much? U.S. Commerce Secretary […]
The Straits Time Asean and Hong Kong are set to sign the long-awaited free trade and investment agreements that have been under negotiation for more than four years. This was announced at the recently concluded Asean meeting in Manila by a Philippine government official. Unfortunately, […]
South China Morning Post William Marshall says Hong Kong’s position is under serious threat from Singapore since the Asean-China free-trade agreement, and the SAR must negotiate access to the same deal in its own trade negotiations with the bloc. At the recently concluded Asean meeting in Manila, […]
South China Morning Post William Marshall says any aggressive action to try and protect American businesses this way will only invite Chinese retaliation, either within or outside the scope of the WTO. Last week, US Trade Representative Robert Lighthizer formally initiated an investigation into China’s policies and […]
Real Money, The Street President Donald Trump this week ordered the United States to take bold action to stop China’s theft and abuse of intellectual property. Only, he didn’t. That’s just what it sounded like he did. He talked tough on Chinese trade again, gave […]