Import Compliance and Customs Classification

My practice covers the full spectrum of US import compliance matters, including tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS), customs valuation under the Trade Agreements Act, country of origin marking compliance, and the use of first sale and other valuation mechanisms to manage effective duty rates. We work with clients to structure their supply chains in ways that minimize customs exposure while maintaining full compliance with US Customs and Border Protection (CBP) requirements.

The intersection of trade remedies and customs enforcement has become increasingly complex. Chinese exporters must navigate not only traditional tariff classifications but also safeguard measures, Section 301 tariffs, and antidumping duties that can apply retroactively. Proper compliance documentation from the outset is critical to managing this risk.

We also provide guidance on forced labor detentions and Withhold Release Orders, which have become significant impediments to certain imports from China. Our team monitors CBP enforcement trends and provides proactive compliance assessments to identify potential exposure before goods arrive at US ports.

Export Controls and Economic Sanctions

The US export control regime has expanded significantly in scope and enforcement. Chinese companies exporting from the US or handling US-origin goods must comply with the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS). We guide clients through commodity classification, license determinations, and end-user due diligence under the Entity List and Unverified List regimes.

Our services include internal compliance program development, EAR jurisdictional determinations for items with both commercial and military applications, deemed export analysis for transfers of technology to Chinese nationals, voluntary self-disclosure preparation, and OFAC sanctions compliance for transactions involving sanctioned jurisdictions or parties. We also represent clients in civil penalty proceedings and administrative appeals before BIS and OFAC.

Supply Chain Restructuring

Many Chinese manufacturing companies are restructuring their supply chains to reduce tariff exposure or mitigate compliance risks. Our practice helps clients evaluate alternative sourcing strategies, including nearshoring to Mexico or Vietnam, qualifying for preferential tariff treatment under free trade agreements, and restructuring corporate entities to qualify for first-sale customs valuation. We conduct tariff impact assessments, evaluate duty drawback opportunities, and advise on foreign trade zone utilization strategies.

Professional Standards

Education

University of Houston Law Center, J.D.

Languages

English, Mandarin Chinese

Bar Admission

2015

Firm

Phillips Nizer LLP

Customs Audits and Penalty Mitigation

US Customs and Border Protection (CBP) conducts regular audits of importers through the Focused Assessment program and can impose penalties for misclassification, undervaluation, or failure to exercise reasonable care in customs compliance. He represents clients in CBP audits, prepares the required documentation and prior disclosure filings where errors are found, and negotiates penalty mitigation. The prior disclosure mechanism allows importers who voluntarily disclose violations to substantially reduce penalties that would otherwise be assessed. He also advises on the Customs-Trade Partnership Against Terrorism (C-TPAT) program, which provides supply chain security certification that reduces CBP examination rates for certified importers.

Trade Remedies and AD/CVD Defense

Chinese exporters are among the most frequent targets of US antidumping (AD) and countervailing duty (CVD) investigations. His practice covers responding to AD/CVD questionnaires, participating in verification visits, challenging Commerce Department determinations and managing AD/CVD administrative reviews. He also advises on circumvention inquiries, new shipper reviews, and the annual review process for companies subject to AD/CVD orders. Representation extends to Section 301 tariff exclusion requests, where Chinese-origin goods may qualify for temporary exclusions based on availability of alternative sources and economic impact on US importers.

OFAC Sanctions Compliance for Chinese Companies

The Office of Foreign Assets Control (OFAC) administers US economic sanctions programs that affect Chinese companies trading with or investing in sanctioned jurisdictions including Iran, Russia, North Korea, Syria, and Venezuela. Chinese financial institutions and companies processing US-dollar transactions must implement OFAC compliance programs including sanctioned party screening, transaction monitoring, and reporting of blocked property. Penalties for sanctions violations can reach USD 20 million per violation or twice the transaction value. He advises Chinese companies on OFAC risk assessment, sanctions clause drafting in international contracts, voluntary self-disclosure procedures, and license applications for otherwise prohibited transactions.

FDA and Product Compliance for Chinese Exports

Chinese food, pharmaceutical, medical device, and cosmetic products exported to the US must comply with FDA regulations including establishment registration, product listing, prior notice for food imports, and compliance with Current Good Manufacturing Practices. The FDA Import Alert program identifies products and manufacturers that appear to violate US law, resulting in detention without physical examination. He advises on FDA registration strategy, compliance with the Food Safety Modernization Act foreign supplier verification programs, defense against FDA import alerts through evidence of compliance, and coordination with US customs brokers for FDA-regulated imports.