Outside the most complicated issues to be implemented as part of the U.S.-Mexico-Canada Agreement, such as rules of origin, CBP also sees new “opportunities that are touched on in the agreement,” said Brenda Smith, executive assistant commissioner of CBP’s Office of Trade, during a Jan. 29 interview. “For example, there's some guidance around establishing single windows, there are opportunities for us to validate through site visits compliance with all customs laws and that's a much broader scope than it was before,” she said. President Donald Trump signed the implementing bill into law the same day, though Canada still must give its final approval, and implementing actions must be completed by all countries before USMCA can take effect.
International Trade Today is providing readers with some of the top stories for Jan. 21-24 in case they were missed.
The Department of Homeland Security plans to “expand its capacity to assess civil penalties and pursue criminal prosecutions against U.S. importers for violations of forced labor authorities,” it said in a recently released strategy document aiming at fighting forced labor imports and human trafficking. “DHS will consider streamlining regulatory frameworks guiding the process for forced labor enforcement actions,” it said. “DHS will also coordinate, consolidate, and publicize allegation and intake reporting channels and other information to ensure quality, actionable leads, gain information for ongoing cases, and verify forced labor allegations.“
International Trade Today is providing readers with some of the top stories for Jan. 13-17 in case they were missed.
An expert panel evaluating the changes associated with the labor chapter under the U.S.-Mexico-Canada Agreement say that there are a lot of unknown details on the rapid response mechanism to enforce complaints about collective bargaining in Mexico. The panel spoke at the Washington International Trade Association on Jan. 16.
The textile and apparel industry is at particular risk of being caught up in CBP's efforts to stop imports of goods made with forced labor “since the complete supply chain is enormous by any measure,” U.S. Fashion Industry Association Customs Counsel John Pellegrini said in the USFIA's monthly update. Pellegrini said that “CBP brought to our attention a ruling which provides some, but not much relief, in this area.”
Suzanne Kane and Chiara Klaui were named partners at Akin Gump, the law firm said in an emailed Jan. 3 news release. Kane's “work includes advising clients on mitigating the impact of the administration’s trade policies, particularly tariffs; representing clients in Customs and Border Protection enforcement actions, audits and internal investigations; counseling clients on intellectual property rights and forced labor compliance; and helping clients devise compliance programs.” the firm said. Klaui “is the go-to lawyer for clients seeking counsel on European Union (EU) export controls and trade sanctions and their interaction with, in particular, U.S. trade regulations.” Kane is based in Washington, while Klaui is in the firm's London office.
A CBP proposed rulemaking on “Merchandise Produced by Convict or Forced Labor or Indentured Labor Under Penal Sanctions" was received by the Office of Management and Budget Office of Information and Regulatory Affairs on Nov. 20, according to an OIRA notice. "The proposed amendments would generally bring the forced labor regulations and detention procedures into alignment with other statutes, regulations and procedures that apply to the enforcement of restrictions against other types of prohibited merchandise," according to the CBP description. CBP is aiming to issue the proposal in January.
The Treasury Department published its fall 2019 regulatory agenda for CBP. The agenda includes a new rulemaking that would amend CBP's regulations to get rid of the “onerous and inefficient paper-based bond application and approval processes," it said. The agency will try to issue a proposed rulemaking rule by March next year, it said. "Moving forward, the proposed amendments would implement the successful National Customs Automation Program (NCAP) test for electronic bonds ('eBonds')," it said. "The proposed amendments would require all bonds to be filed by the sureties using an electronic data interchange (EDI) or e-mail."
Members of Congress who are the Congressional-Executive Commission on China members asked the acting CBP commissioner to issue more withhold release orders for textiles or other goods made with forced labor in Xinjiang province, where about a million Uighur Muslims are held in internment camps. The senators and representatives noted that CBP did block the imports of Heitan Taida Apparel Company, and said that sent an important message, but much more should be done.