Supply chain resilience requires diversification with allies and away from China, witnesses said during a Senate Commerce Committee hearing, but they cautioned senators that improving resilience is complicated, and that government intervention can have unintended consequences. The committee was examining how Commerce Department implementation of the recent China package, once called Endless Frontier, could reduce supply chain failures in the future.
Importers of goods that were made in Xinjiang, or contain inputs that were mined or grown in Xinjiang, would have to prove to CBP's satisfaction that the goods were not made with forced labor, starting 300 days after the signing of the Uyghur Forced Labor Prevention Act if the Senate version is the one that becomes law. The Senate bill, which passed unanimously the evening of July 14, directs the Department of Homeland Security, after consulting with the Office of the U.S. Trade Representative and the departments of Labor and State, to solicit public comments “on how best to ensure that goods made with forced labor in the People’s Republic of China, including by Uyghurs, Kazakhs, Kyrgyz, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, are not imported into the United States.” That public notice would have to follow within 45 days of enactment. The public would have at least 60 days to comment, and a public hearing would follow within 45 days of the end of that period.
Seventy-five trade groups, including the American Apparel and Footwear Association, the U.S. Chamber of Commerce, the National Foreign Trade Council and the Oudoor Industry Association, are telling U.S. Trade Representative Katherine Tai that Vietnamese exports should not face tariffs over either currency manipulation or environmental abuses.
One of the obligations Canada and Mexico agreed to in the NAFTA rewrite is a ban on goods made with forced labor, but Baker McKenzie lawyers said it's not clear how much things are changing in that regard. Paul Burns, a Baker McKenzie partner in Toronto, said that while Canada has changed its law to ban the importation of goods made with forced labor, the Canadian customs agency does not disclose information about its enforcement. "We don’t know if there have been any detentions made," he said. "I expect there hasn't been."
A PricewaterhouseCoopers trade and tax expert told an audience at the U.S. Fashion Industry Association Virtual Washington Trade Symposium that while the prospect of trade liberalization in the next few years is low, he does not think that threatened tariffs on apparel and other goods from European countries, Turkey and India will be levied in November, in retaliation for digital services taxes. Scott McCandless, who spoke July 14 at the virtual conference, said that although it will be "a complicated dance both internationally and domestically" to arrive at an agreement on the intertwined issues of minimum corporate taxes and digital services taxes, he thinks it's more likely than not that Congress will pass a tax bill this fall that would give countries the right to levy taxes on multinationals that do business in their countries. If that happens, he said, "The DSTs likely go away, and the proposed tariffs on countries that have DSTs will go away as well."
Concerns about apparel shipments being detained due to a withhold release order were the biggest worry for U.S. Fashion Industry Association Virtual Washington Trade Symposium attendees, and USFIA customs counsel John Pellegrini told them he had no news to allay their fears.
The new Xinjiang Supply Chain Business Advisory tells businesses that may have operations, supply chains or laborers from China's Xinjiang region that they "should be aware of the significant reputational, economic, and legal risks of involvement with entities or individuals in or linked to Xinjiang that engage in human rights abuses, including but not limited to forced labor and intrusive surveillance." The interagency advisory says that businesses that do not exit Xinjiang connections "could run a high risk of violating U.S. law. Potential legal risks include: violation of statutes criminalizing forced labor including knowingly benefitting from participation in a venture, while knowing or in reckless disregard of the fact that the venture has engaged in forced labor; sanctions violations if dealing with designated persons; export control violations; and violation of the prohibition of importations of goods produced in whole or in part with forced labor or convict labor."
The Government Accountability Office said the result of its sample of companies that import minerals that could be contributing to conflict in the Democratic Republic of the Congo finds little change since 2015, both in the reasonable country-of-origin inquiry results and the due diligence results, and the challenges for companies trying to trace tin, gold, tungsten or other minerals back to the mine.
The British International Trade Secretary is meeting with U.S. Trade Representative Katherine Tai, and what she called "leading Democrats," before heading to meet with California businesses and investors to round out the five-day trip. Secretary Liz Truss said she will speak with Tai on how the U.S. and the United Kingdom can cooperate more closely to "combat market-distorting trade practices such as industrial subsidies and dumping, as well as [pursue] working together to defend workers and companies that play by the rules against unfair practices in the global trading system, by combating forced labour and strengthening supply-chain resilience."
The House Appropriations Committee released its draft proposals for funding the Commerce Department and the Office of the U.S. Trade Representative. It wants to spend $577.4 million on the Commerce Department's International Trade Administration, $36.4 million more than the current fiscal year's spending, a 6.7% increase. It wants to spend $143.4 million on the Bureau of Industry and Security, up $10.4 million from the current year, a 7.8% increase.