Senate Finance Committee Chairman Ron Wyden, D-Ore., formally unveiled a widely anticipated bipartisan bill Aug. 8 that would restrict foreign goods from eligibility for de minimis shipments.
Forced Labor
CBP is the primary U.S. agency tasked with combating forced labor in international trade. It is the only agency with legal authority to take enforcement action and prevent entry into domestic commerce of goods produced with forced labor. CBP combats forced labor by issuing Withhold Release Orders (WROs) and Findings, and enforcement of the Uyghur Forced Labor Prevention Act (UFLPA), and Countering America’s Adversaries Through Sanctions Act (CAATSA). Goods subject to WROs and Findings, UFLPA, and CAATSA status cannot be entered at any ports of the U.S.
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) doesn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. Judge Claire Kelly said IRAdvocates failed to show that CBP's inaction "has harmed a core business or diminished any asset."
Five Chinese companies have been added to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, according to a notice released Aug. 8. The entities are: Kashgar Construction Engineering, Xinjiang Habahe Ashele Copper (also known as Ashele Copper), Xinjiang Tengxiang Magnesium Products; Century Sunshine Group Holdings; and Rare Earth Magnesium Technology Group Holdings. Under UFLPA, CBP applies a rebuttable presumption that goods mined, produced or manufactured by entities on the UFLPA Entity List are made with forced labor and prohibited from importation. The listings take effect Aug. 9.
DHS has added five more entries to the Uyghur Forced Labor Prevention Act Entity List, bringing the total up to 73 entities flagged by U.S. officials for allegedly using forced labor by Uyghurs and other religious and ethnic minority groups in the Xinjiang Uyghur Autonomous Region (XUAR).
New EU guidance released this week offers insight into how the bloc will implement its sweeping new corporate sustainability due diligence rules, including how member states should decide whether traders do enough to collect required supply chain information.
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China last week imposed sanctions against U.S. Rep. Jim McGovern, D-Mass., for frequently making "remarks and actions that interfere in China's internal affairs and undermine China's sovereignty, security and development interests," China's Ministry of Foreign Affairs announced, according to an unofficial translation. The ministry said it will impose an asset freeze and travel ban on McGovern.
A bipartisan pair of senators fleshed out a trade facilitation framework released in early June (see 2406100015) with legislative text that authorizes spending to create a true single window and modernize ACE, as well as details of how duty drawback could change.
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
The U.S. government, aware that many goods made with forced labor are inputs to finished goods, is working both to identify those inputs and to help importers understand that their goods could be banned from import as traceability becomes more possible.