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continues to work on new regulations to implement the forced labor provisions of the customs reauthorization law, which repealed "consumptive demand" considerations (see 1606170040).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is in the process of writing regulations following the customs reauthorization law's forced labor provisions that repealed the "consumptive demand" considerations (see 1606170040), which is causing some industry anxiety (see 1605170017).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:
The incoming Trump administration could mean more funding and a greater enforcement focus for CBP, but the prospect of stricter trade enforcement could complicate day-to-day operations, analysts said in recent interviews. The presidential transition will cost the trade community mainly in terms of immediate uncertainty within industry and between the U.S. and its trading partners, as well as any regulatory “adjustments” that CBP might make, said David Aguilar, former CBP acting commissioner and current principal at Global Security and Innovative Strategies. But CBP’s trade funding and basic structures like the Commercial Customs Operations Advisory Committee will likely remain intact, he said.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 21-27:
NEW YORK -- CBP issued a request for proposals seeking a private company to collect fines on its behalf, CBP Commissioner Gil Kerlikowske said at the Court of International Trade Judicial Conference on Nov. 21. Once selected, the collection agency will cost nothing to the taxpayer, instead taking a percentage of whatever fines it collects, he said. “Perhaps they’ll do a better job,” he said, noting congressional criticism of CBP’s collection efforts. “I’m not sure,” he said. In any case, CBP will learn about new collection methods and how they work, Kerlikowske said. A CBP official said in July that CBP is going through a procurement process with “multiple vendors” to find a company to collect unpaid antidumping and countervailing duties (see 1607280025).
International Trade Today is providing readers with some of the top stories for Nov. 14-20 in case they were missed.
The prospect of punitive tariffs and a renegotiated NAFTA could significantly impact customs brokers, but some could see benefits from U.S. leverage in any NAFTA withdrawal talks and potential port investments under the Trump administration, National Customs Brokers & Forwarders Association of America Legislative Representative Jon Kent said during a Nov. 22 webinar. The required six-month window between submitting a withdrawal notice to NAFTA members and actual departure could give Trump an advantage in promoting U.S. interests, potentially spurring flexibility from Canada and Mexico during talks, Kent said. “It may not be enough, he may want to go further, and they’re willing to take it,” he said. “Having the ability just to shut down the agreement may provide him some edge. I think he’s well known as a negotiator, and I think this may be part of that inclination.”