Zhiwei Chen

Customs, Trade, and Regulatory Compliance

• Represented a leading Chinese auto parts manufacturer in a CBP investigation initiated upon the request by the House China Select Committee.
• Advised a U.S. multinational client on strategies and issues related to the designation on China’s Unreliable Entity List and sanctions imposed by PRC Ministry of Foreign Affairs under the Anti-Foreign Sanctions Law.
• Advised a leading Chinese drone manufacturer on various supply chain compliance issues related to CBP’s detention of its goods, including filing an admissibility request for the goods detained.
• Advised a leading U.S. flooring product manufacturer on supply chain mapping, review of supplier code of conducts and supplier agreement, trade remedy, and U.S.-China tariff issues.
• Advised a leading Japanese automaker on supply chain compliance issues and risks mitigation strategies.
• Advised a leading Taiwan LED manufacturer in a DOJ investigation on country of origin issues and assisted the company in developing a SOP for determination, marking, and declaration of origin of LEDs imported into the U.S.
• Advised a leading Chinese robotic pool cleaner manufacturer on strategies and issues related to CBP CF-28 responses and U.S. tariff classification matters.
• Advised a leading Japanese automaker on various issues related to China’s export controls on graphite.
• Advise a leading U.S. lithium producer on navigating China’s export controls on lithium extraction technologies.
• Advised a leading U.S. e-commerce platform on ESG survey and environmental information disclosure requirements in China.
• Advised a U.S. industrial test and measurement manufacturer on issues related to explosive proof certification and radio frequency certification requirements in China.
• Advised a semiconductor equipment manufacturer on navigating the conflicting requirements under U.S. export controls law and China’s Anti-Foreign Sanctions Law and Unreliable Entity List.
• Advised a U.S. compressor manufacturer on how to navigate the conflicting requirements under U.S. sanctions law and China’s Anti-Foreign Sanctions Law and Unreliable Entity List.
• Advised a U.S. Fortune 500 company on issues related to China’s export controls on tungsten and other critical minerals.
• Advised a leading Japanese chemical sogo shosha on China customs and trade issues in a U.S. investigation proceeding.
• Assisted a leading Japanese automaker in filing a separate rate application in the U.S. investigation on active anode materials from China.
• Advised two Chinese aluminum producers in an anti-dumping and countervailing investigation on alloy aluminum sheet from China.
• Assisted a leading Chinese state-owned chemical company in filing a Section 301 exclusion request and represented the client in the Section 301 litigation case.
• Advised a leading U.S. chemical company on strategies and issues in the tax and customs self-disclosure process.
• Advised a leading battery manufacturer on issues related to deemed export and technology transfer.
• Advised a leading cosmetics company on issues related to the application for a dual-use item license.
• Advised a world-leading fully integrated drivetrain and electrified propulsion system supplier on PRC nuclear dual-use export control issues related to the inverters used for electric and military vehicles.
• Advised a world-leading aircraft engine manufacturer on export control risk assessment and localization of its global export control compliance program.
• Advised a world-leading legal technology company on PRC export control issues related to its proposed export of smart case recommendation codes outside of China.
• Advised two leading insurance companies on risk assessment and compliance strategies with respect to the PRC Blocking Statute.
• Advised a world-leading aircraft engine manufacturer on strategies in dealing with various PRC export control and civil aviation issues related to return of an aircraft engine back to the U.S. for repair purpose.
• Advised a leading lithium battery supplier on country-of-origin issues under the China-Korea FTA.
• Advised a world-leading logistic company and a professional services company on strategies in response to the U.S.’s addition of a leading Chinese technology company to the Entity List.
• Advised a world-leading e-commerce company and multiple American manufacturing companies on their PRC cross-border e-commerce strategies.
• Advised a leading wearable device manufacturer on various regulatory compliance issues relevant to their mobile payment and pre-paid card business.
• Advised a leading automobile navigation system manufacturer on various PRC mapping-related regulatory issues.
• Advised multiple U.S. technology companies on their PRC encryption law and CCC certification issues.
• Conducted comprehensive customs regulatory audits and advised on the internal customs risk control schemes for multiple Fortune 500 companies in the chemical, automobile, electronics, and engineering industries.
• Conducted legal audits for a leading global aircraft parts manufacturer and an Italian luxury decorative material manufacturer with respect to each of their bonded material disposition and advised on voluntary self-disclosure of the identified non-compliances to customs; represented the clients in the ensuing customs investigation proceedings and successfully resolved the problem without incurrence of criminal liability on the company or the management.
• Advised a Fortune 500 company in a customs price challenge proceeding on its intercompany transfer pricing policy and practice.
• Advised several Fortune 500 companies on the dutiability of their royalty payments, preparation of the internal compliance audit, and revision of the license agreements.
• Advised a world-leading aerospace company in designing a business model suitable for its aircraft repair and maintenance business in China.
• Advised a U.S. aircraft engine manufacturer in designing a business model for its engine overhaul by exchange program in China.
• Advised a world-leading heavy equipment manufacturer and an electronic component manufacturer on an import and export clearance model for used equipment and recycled products.
• Advised a Fortune 500 company on the possible solutions to the importation of controlled chemicals into the Export Processing Zone (EPZ) of China, which encountered legal obstacles under then-existing Chinese customs laws; advised the client in communicating the proposed solutions with customs and other relevant government agencies, applying for an ad hoc approval and urging modification of relevant laws and regulations regarding the importation of controlled chemicals into the EPZ.
• Advised a Taiwan company on a rule of origin matter and the eligibility of its products for preferential duty treatment under the FTA between mainland China and Taiwan.
• Advised a world-leading health care product producer in a customs audit on its year-end retroactive transfer pricing adjustment practice.
• Advised a leading U.S. medical device company on various medical device registration and importation issues.
• Advised multiple leading dairy product manufacturers on foreign manufacturer registration, product registration, labeling, and China’s national food safety standard (GB standard) issues.

Investigation

• Represented a leading Chinese logistic company in a BIS investigation on the shipment of controlled item to a customer designated on the Entity List.
• Advised a leading turbomachinery manufacturer in a China customs investigation on the misclassification of two compressors worth more than $13 million.
• Advised a U.S. subsidiary of a leading Chinese aluminum pipe producer in the CBP investigation on its alleged transshipment and circumvention activities.
• Advised a U.S. medical device company in a Chinese customs investigation proceeding on its supply chain model that is alleged to be restructured to change the origin of its products to avoid additional retaliatory tariffs imposed by China.
• Advised a leading dental device company in a Chinese FDA investigation involving the compliance of its upgrading businesses in China.
• Acted as defense counsel for a Fortune 500 chemical company in a criminal smuggling case relevant to unauthorized exchange and domestic sales of bonded raw materials. The case was the primary smuggling case in the Shanghai Customs district that year and was investigated directly under the supervision of Chinese General Administration of Customs. The case ended with no criminal liability.
• Acted as defense counsel for a Fortune 500 chemical company in criminal proceedings relevant to the under-declaration of import price. The case ended with only nominal administrative penalties without affecting client’s customs credit grading.
• Advised a multinational company on a customs investigation case relevant to the suspected under-declaration of import prices; represented the client as defense counsel in the subsequent smuggling prosecution proceedings and succeeded in the innocence pleading and defense.
• Acted as defense counsel for multiple domestic and multinational companies in corporate smuggling cases involving issues such as importation of prohibited plastic wastes and incorrect declaration of HS code and import price.
• Acted as defense counsel for multiple individuals in corporate smuggling cases involving incorrect declaration of HS code and under-declaration of import price.
• Represented a multinational company in an administrative review procedure regarding a MOFCOM ruling declaring the export product of the client to be a dual-use item subject export control. The case eventually ended with the voluntary revocation of the ruling after panel review.
• Represented a world-leading automobile safety system producer and a U.S. chemical company in the customs investigation proceedings regarding their royalty payments made to overseas related companies; represented the clients in the subsequent customs audit procedure and successfully resolved the problem without incurrence of duty liability or penalty.
• Represented a world-leading oil field services company in a customs investigation proceeding on the customer-owned duty-free equipment stored in its warehouse.

Cybersecurity and Data Privacy

• Advised a leading international Insurance company on strategies and issues in the CAC security review process.
• Advised a leading U.S. information technology product distributor to conduct a comprehensive data compliance review in China, including data mapping, launch of a new supplier and customer platform, important data, cross-border data transfer, data localization, and creation of an incident response plan for China.
• Advised a low-code application development on value-added telecom license and SCCs issues.
• Advised a leading human resource management service prover on value-added telecom license, data privacy, and SCCs issues.
• Advised a leading data-integrity service provider on PRC data security law and mapping/surveying law issues related to its location-based products provided in China.
• Advised a U.S. robotic automation solution provider on China cybersecurity and data privacy compliance issues.
• Advised a U.S. leading AI chip manufacturer on data retention and transfer issues related to autonomous driving testing in China.
• Advised a U.S. genetic testing company on PRC human genetic resources, data privacy, national security and Customs and health quarantine, issues related to its proposed collection and cross-border transfers of genetic samples.
• Advised a leading life science company on PRC data privacy issues related to its proposed transfers of genetic samples outside of China.
• Advised a leading semiconductor equipment manufacturer on the proposed use of wireless access points for building occupancy tracking and contact tracing in response to the COVID-19 pandemic.
• Advised a U.S. university on various regulatory issues related to the use of VPN by international students to access remote education resources.
• Advised a leading security solutions provider on various China cybersecurity and data privacy compliance issues related to its enterprise security products to be launched in China.
• Advised a leading cloud computing company on various China cybersecurity, anti-competition, and intellectual property protection issues related to its proposed new profile sharing and webpage scraping features.
• Advised a world-leading aerospace company on various China cybersecurity and data privacy compliance issues related to an insider threat program to be implemented in China.
• Advised a U.S. human capital management company on various China cybersecurity and telecommunications compliance issues related to its contemplated moving of data to cloud.
• Advised a leading security solutions provider on various China compliance issues related to its contemplated responsible disclosure of identified vulnerabilities in a digital door lock system.
• Advised a U.S. media and entertainment company on various China cybersecurity law issues related to its employee privacy notices implemented in China.
• Advised a leading U.S. hardware and technology integration service provider on PRC cybersecurity law and data privacy issues.
• Advised a hospitality software and solution provider on PRC cybersecurity law and data privacy issues.
• Advised a leading pharmaceutical packaging manufacturer on cross-border data transfer and other PRC cybersecurity law issues.
• Advised a leading corporate reward program service provider on various regulatory issues relevant to China’s cybersecurity law, travel agency business, tax, and foreign exchange control.