CBP may demand redelivery of goods subject to a withhold release order (WRO) related to the suspected use of forced labor, said Lisa Burley, chief, Cargo Security, Carriers and Restricted Merchandise Branch at CBP, during the Georgetown Law Center International Trade Update on March 10. Asked whether CBP would require redelivery in cases in which a withheld shipment is among a series of shipments from the same exporter to the same importer, Burley said the agency has demanded redelivery in such situations previously. CBP makes that decision "import by import" and is also dependent on the specifics of the WRO, she said. "If we are aware of a time frame of when things are exported to the United States, then that may dictate whether we demand redelivery on all of them."
The Organisation for Economic Co-operation and Development recently released a new due diligence guidance for the garment and footwear sectors, it said (here). The guidance (here), which includes a section on forced labor, "will help companies identify and prevent potential negative impacts related to human rights, labour, the environment and corruption in garment and footwear supply chains worldwide," the OECD said. CBP included the OECD as a resource for performing due diligence related to possible forced labor in supply chains (see 1701040012).
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet March 1 in Washington, CBP said in a notice (here).
CBP removed PureCircle, a stevia producer, from a withhold release order that prevented imports from the company due to allegations of forced labor use, the company said on Jan. 30 (here). CBP included PureCircle in its May 20 WRO on stevia and its derivatives (see 1605310019), but no longer lists the company in the agency's list of WROs. "All PureCircle shipments have been released and business will fully resume on a regular basis," the company said.
The U.S. Council of International Business plans to work with the Trump administration and Congress to address the "lack of clear standards at U.S. customs for forced labor," the USCIB said in its "American Competitiveness Agenda" for 2017 (here). CBP is working on new regulations to implement the forced labor provisions of the customs reauthorization law, which repealed "consumptive demand" considerations (see 1606170040). Other issues important to the USCIB include "inadequate or eroding IP protection, and illicit trade." The trade group also urged "the Administration to seek improvements to pending and existing agreements, rather than withdraw from them, and work to advance negotiations for strong, pro-competitive trade and investment agreements going forward." In a separate news release (here), the USCIB said it is disappointed by President Donald Trump's decision to withdraw from the Trans-Pacific Partnership (see 1701230041).
CBP updated its single-page fact sheet on supply chain due diligence for importers to help avoid involvement with goods made by forced labor (here). The only change from the previous version (see 1609150018) is the addition of a link to an online "responsible sourcing tool" (here). CBP continues to work on new regulations to implement the forced labor provisions of the customs reauthorization law, which repealed "consumptive demand" considerations (see 1606170040).
International Trade Today is providing readers with some of the top stories for Dec. 12-16 in case they were missed.
The Port of Savannah has detained two shipments over possible forced labor involvement since March, CBP Commissioner Gil Kerlikowske said during a Dec. 15 speech in Savannah (here). "The first shipment was Stevia (ultimately released) and second was a shipment of Beedies (Indian cigarettes) that was excluded due to violations of Food and Drug Administration labeling requirements," according to his prepared remarks. Kerlikowske also reviewed various CBP accomplishments during the past year, including the use of ACE and the Centers of Excellence and Expertise.
CBP posted a single-page fact sheet about shipments that are detained due to possible use of forced labor (here). For imported goods subject to a withhold release order (WRO), an importer will have three months to export the merchandise outside the U.S., CBP said. Such goods will be refused entry if "the importer fails to either re-export the detained shipment or timely furnish the required certificate of origin by the foreign seller or owner and a detailed statement demonstrating that the goods were not manufactured with forced labor," or if CBP doesn't consider submitted evidence satisfactory proof of admissibility, it said. Following the WRO, if CBP confirms its suspicions and issues a finding, an importer of merchandise subject to the finding will have three months after importation to provide proof that the goods weren't made using forced labor, the agency said. "If the proof submitted does not establish the admissibility of the merchandise, or if none is provided, the merchandise is subject to seizure." The agency is in the process of writing regulations following the customs reauthorization law's forced labor provisions that repealed the "consumptive demand" considerations (see 1606170040), which is causing some industry anxiety (see 1605170017).
The following lawsuits were filed at the Court of International Trade during the week of Dec. 5-11: