CBP is developing a repository of possible deregulatory actions that could serve as offsetting actions for regulatory proposals considered "significant" by the Office of Management and Budget, said Alice Kipel, executive director of CBP's Office of Regulations and Rulings (OR&R), during a May 8 interview. Federal agencies, under a January executive order, are required to repeal two regulations for each new regulation seen as "significant" by OMB (see 1702070048). So far, though, OMB has not flagged any trade-related CBP regulations as "significant," Kipel said. "At this time, with respect to the regulations that CBP has in the interagency review process, I am not aware of any trade regulation that has been deemed 'significant' by OMB and offsetting regulations would not be immediately" necessary if it hasn't been deemed significant, she said.
International Trade Today is providing readers with some of the top stories for April 24-28 in case they were missed.
There's been a "reinvigoration" of forced labor enforcement issues at CBP following the repeal of the "consumptive demand" exemption last year (see 1603010043), said Alice Kipel, executive director of CBP's Office of Regulations and Rulings. The "consumptive demand" consideration served as a deterrent to companies bringing information to CBP, but with that now repealed, "we're seeing more being brought to our attention," she said. Kipel, who spoke on a panel at the American Bar Association International Law Conference on April 28, said she was speaking on her own behalf rather than for CBP.
International Trade Today is providing readers with some of the top stories for March 13-17 in case they were missed.
President Donald Trump’s fiscal 2018 budget blueprint proposed to strengthen the Commerce Department International Trade Administration’s enforcement and compliance functions, according to the plan released March 16 (here). The blueprint laid out high-level plans for “rescaling” ITA’s export promotion and trade analysis functions. In total, the White House is requesting $7.8 billion for Commerce, $1.5 billion less than annualized funding under the fiscal 2017 continuing resolution (CR). The Trump administration plans to submit a comprehensive fiscal 2018 budget request for congressional approval in May, the Department of Homeland Security said in a press release (here). The budget also proposes to eliminate the U.S. Trade and Development Agency and the Overseas Private Investment Corporation.
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).