Customs Expert Comments on Export Laws in Product Liability Case


Customs Expert WitnessThis is a products liability and commercial law matter, in which the defendant corporation shipped raw materials out of China to make finished products in the US. The plaintiff seeks a customs broker expert that can determine whether or not the defendant violated Chinese customs laws while exporting goods.

Question(s) For Expert Witness

  • 1. Do you have familiarity with exporting materials from China and Chinese export policies?
  • 2. Have you ever published or lectured on this subject / issue?
  • 3. What processes are in place to certify Chinese raw materials for the intended purpose of making a finished product in the US?

Expert Witness Response E-037528

I have a great deal of familiarity with Chinese export policies. I have advised companies and taught courses on doing business in China and am familiar with the cultural as well as administrative context by which one exports goods out of China. I always advise potential importers to follow the letter of Chinese and American law diligently. Though it is tempting to lapse into an informal mood regarding customs requirements, it is my understanding that thorough compliance is the only way to stay in favor of both American and Chinese regulators. American importers need to be aware that they are legally responsible for the proper filing of their exports from China; it is not just the Chinese exporter who is ‘on the hook’, but the American firm purchasing material as well. I am certainly interested in this case and would like to learn more specifics. I am a recognized expert in dealing with Chinese customs, having been featured on such well known media outlets as the China Law Blog.

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