Discover the Infinite Business Value of China Contracts

Foreign Investment Law

Good China contracts often go through a negotiation process that ensures both sides are getting the best deal possible. A China contract is the best way to prevent the breach of an obligation and it is also the perfect weapon of defense in case of undesirable legal proceedings.

Although the current geopolitical situation between the US and China is not highly conducive, still China offers a huge business prospect. Beijing, Shanghai, Shenzhen, and Guangzhou generally have the best business environment. Businesses from retail to electronics to home goods can grab the diversity of business opportunities available in China.

 

Western companies need to keep in mind that China has its unique judiciary system, law and regulations. If you are interested in opening up a manufacturing or production hub in China, you almost certainly will need a contract that perfectly satisfies Chinese legal requirements. Good China contracts often go through a negotiation process that ensures both sides are getting the best deal possible. Good negotiation should lead to a mutually successful outcome that prevents conflict down the line and sets the foundation for a strong partnership moving forward. A contract will never be enough to prevent the breach of an obligation, however, it will be the perfect weapon of defense in case of undesirable legal proceedings.

 

Foreign companies doing business in China usually maintain three types of manufacturing agreements with a Chinese factory:

  1. Original Equipment Manufacturing (OEM): Used when a foreign buyer purchases a product already being made by the factory and simply adds its own branding to it;

 

  1. Contract Manufacturing (CM): Used when a foreign buyer has a fully developed product design, which is then brought to a factory for commercialization and mass production; and

 

  1. Original Design Manufacturing (ODM): Used when a foreign buyer approaches a factory with a basic design and specifications, but the factory actually makes the commercial design and ultimately the production.

 

Doing business in China comes with both great opportunities and great challenges

China provides skilled, inexpensive labor while newly opened Free Trade Zones are making foreign investments and China sourcing even more economical. For many reasons, China has emerged with an interesting amount of advantages that appeal to both domestic and foreign entrepreneurs and investors. With wide-ranging reforms designed to give businesses and entrepreneurs fewer headaches, China tops the chart for doing business in Asia.

In the view of the expert business lawyers in China, the product development stage is perhaps the riskiest time for the foreign companies doing business in China and yet it is the most overlooked aspect for the overseas companies. It has been noted that the foreign business owners use NNN and OEM agreements for the production stage and hardly use product development agreements.

Do keep in mind that many international services are blocked by the Great Firewall of China. The first realization that foreign companies often need to make is that China is in no way a uniform and homogenous market. Yet there are intricacies native to the technological landscape that one needs to be aware of. Intellectual Property vulnerability is another major difficulty you have to face while doing business in China.

The presence of a qualified China business lawyer community is also one of the major factors for China’s global prominence as the finest business hub. Starting from IP protection help to trademark registration assistance, China lawyers offer amazing services to their global clients so that they can carry out their business process in a completely hassle-free way.

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Find out the significant effect of the anti-dumping duty on the US-China trade relationship.

An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. Dumping is a process wherein a company exports a product at a price that is significantly lower than the price it normally charges in its home (or its domestic) market.

 

China’s recent legislative changes have largely facilitated and promoted foreign trade and investment. The new Anti-Dumping Regulations differ from most other recent trade laws and regulations because they are designed to protect local industries. The Regulations allow China to deliberately protect local industry, and yet enjoy the protection of GATT authority.

 

Since the Regulations are so simple, and lack protections for defending parties, or for an appellate process, they are highly favorable to local industries. It is likely that MOFTEC’s mere announcement of an investigation will be sufficient to discourage importers of suspect foreign goods.

 

After its accession to the WTO in 2001, China established its own trade remedy system in order to safeguard its own markets and industries. China now employs a single agency model in anti-dumping system and uses a prospective methodology for calculating and assessing anti-dumping duties. In using anti-dumping measures and also by implementing WTO rulings, China has continuously improved its practices.

 

The variety of Chinese goods brought under anti-dumping measures is on the increase. Since the first anti-dumping case against Chinese exports, Chinese goods under anti-dumping investigations vary from labor-intensive products or easily processed products, such as mineral products and chemical products, to textile products, clothing, light industry products, home electric appliances, hardware, chemical products, mineral products, medicine and farm produce.

 

Under the Tariff Act of 1930, United States industries may petition the government for relief from imports that are sold in the United States at less than fair value (i.e., “dumped”) or which benefit from subsidies provided through foreign government programs. Under the law, the United States Department of Commerce (“USDC”) determines whether the dumping or subsidizing exists and, if so, the margin of dumping or amount of the subsidy while the United States International Trade Commission (“USITC”) determines whether there is material injury or threat of material injury to the domestic industry by reason of the dumped or subsidized imports.

 

Chief among those measures is the U.S. antidumping law, which allows domestic manufacturers and unions to request that the government impose special duties on injurious imports allegedly priced below “fair market value” and has been a (deserving) target of criticism here at Cato for more than four decades. Recent economic research has bolstered these criticisms, while demonstrating why any legitimate account of U.S.-China trade policy.

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