Trina Solar successfully convinced CBP that its goods aren't subject to a withhold release order on goods made from silicon-based products made by Hoshine Silicon Industry Co., Ltd., a company located in China's Xinjiang province (see 2106240062), Trina said on March 4. "After the WRO issuance, Trina Solar immediately worked closely with CBP to submit the information showing its supply chain contains no materials from Hoshine and its supply chain remains free of forced labor," it said. "As a result, Trina Solar became the first solar PV module vendor to have CBP release products from WRO detention." The company said that "other suppliers may face more difficulty proving to CBP that they use ethically sourced polysilicon, resulting in delays that will only slow down the country’s transition to a carbon-free grid." CBP didn't comment.
China's lack of worker rights, weak environmental standards "and anticompetitive subsidies are the hallmarks of China’s artificial comparative advantage. It is an advantage that puts others out of business and violates any notion of fair competition," the annual trade policy agenda from the Office of the U.S. Trade Representative said, and the administration is looking to advance fair competition "through all available avenues," including coordinating with other countries, using existing trade agreements, or new tools, it said.
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Supply chain reviews across a multitude of products, all published one year after the executive order on supply chain vulnerabilities, say that concentration in certain countries, especially China, creates both forced labor and trade war vulnerabilities.
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Arent Fox lawyers said a disclosure bill aimed at large fashion retailers and manufacturers may not pass in the New York statehouse, but it's making lots of people in the industry nervous (see 2201200046). "Even if this bill doesn't pass, there's going to be others in the future," Angela Santos said.
The two top issues Thomas Overacker, CBP's executive director of cargo and conveyance security, has been dealing with are the blockades at the Canadian border and the Uyghur Forced Labor Prevention Act. He told an audience at the National Association of Foreign-Trade Zones' legislative conference that CBP is going to have a challenge identifying what goods come from the Xinjiang region, given the number of middle men in China, issuing invoices or acting as freight forwarders. "It’s not always evident from the data we collect at CBP … where the goods were actually produced," he said Feb. 15.
A bipartisan bill that would require businesses with more than $500 million in gross annual receipts to conduct annual audits to investigate whether there is forced labor among their suppliers or secondary suppliers has been introduced again. Ted Murphy, a trade lawyer at Sidley Austin, wrote that while the Slave-Free Business Certification Act of 2022 has bipartisan sponsorship, from Sen. Josh Hawley, R-Mo., and Sen. Kirsten Gillibrand, D-N.Y., "it is not clear whether this bill has much chance of becoming law (a previous version of the bill was introduced in 2020, but did not advance out of committee)."
A U.S. solar panel manufacturer on Feb. 8 filed another request for an anti-circumvention inquiry on solar cells from third countries made from Chinese inputs, including polysilicon wafers and ingots. Auxin Solar says solar cell imports from Malaysia, Thailand, Vietnam, and Cambodia are circumventing the antidumping duty and countervailing duty orders on crystalline silicon photovoltaic cells from China (A-570-979/C-570-980), in a request filed months after a similar petition from a group of anonymous solar producers was rejected by the Commerce Department.
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