CBP implemented several important pieces of the customs reauthorization law during the first 100 days since enactment, CBP Commissioner Gil Kerlikowske said in an overview of the efforts (here). Since President Barack Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (see 1602240042), "CBP has been working hard to implement the law’s key provisions, with a strong focus on bolstering our agency’s trade enforcement priorities," Kerlikowske said. He pointed to recently signed withhold release orders (see 1603310034 and 1605310019) for "certain shipments of soda ash, potassium, and Stevia products made with convict and forced labor in China." Those "enforcement actions rightly place CBP at the forefront of promoting human rights, and send a powerful signal to manufacturers and producers around the world," he said. The Office of Trade also implemented "a new process for swiftly and thoroughly reviewing allegations of evasion of Antidumping/Countervailing duty laws," which "helps domestic manufacturers and companies hurt by unfair, illegal trade practices," he said. Also notable are the new Trade Enforcement Task Force (see 1605030032), an increase to the de minimis value threshold (see 1603100010) and the formal recognition of the Centers of Excellence and Expertise, he said.
Exactly what regulatory changes CBP will seek under the customs reauthorization law's forced labor provisions is still uncertain, Brenda Smith, CBP executive assistant commissioner for trade, said in a June 17 interview. At a minimum, CBP must change its regulations to reflect an effective close to the “consumptive demand” loophole (see 1604220017), but whatever else could be in any altered regulation is still an open question, she said. CBP is looking at a policy that’s “a little more flexible and nimble and can be responsive to a changing global environment,” and is holding several outreach sessions with the trade and labor communities at large “about what they need and how regulations could be helpful in ensuring that, as a country,” importation of forced labor goods is stopped, she said. There's some concern within the industry over potential new regulations for products made by forced labor (see 1605170017).
Sens. Sherrod Brown, D-Ohio, and Ron Wyden, D-Ore., would like more transparency in the process for petitioning investigations on goods suspected of being made with child or forced labor, they told Obama administration officials during a June 14 meeting. Such transparency is needed “so petitions are acknowledged and petitioners are informed of whether an investigation will be launched,” a Brown press release said (here). “The key to continuing our early success and making this prohibition as effective as possible is bringing together U.S. trade enforcers, human rights organizations, and the business community so that everyone is working in concert," said Wyden.
ARLINGTON, Va. -- CBP plans to reach out to importers and customs brokers over the next year to resolve uncertainty in the trade community over a recent uptick in import bans on goods produced by forced labor, Brenda Smith, CBP executive assistant commissioner for trade, said at the American Association of Exporters and Importers annual conference. Importers of products from countries or industries that have had “risks in the past around forced labor need to understand what we’re looking for,” Smith said June 6. Over the next four to 12 months, CBP will sit down with the trade community to “understand what you need to know to make sure you are compliant with the law,” she said. After not having issued any in more than a decade, CBP has already issued several withhold release orders (see 1603310034) in the months since the Trade Facilitation and Trade Enforcement Act of 2015 removed an exemption from bans on goods produced by forced labor (see 1603010043).
International Trade Today is providing readers with some of the top stories for May 31 - June 6 in case they were missed.
CBP recently issued a new withhold release order due to suspicions of goods made by forced labor, said CBP's list of such orders (here). The May 20 order applies to "Stevia and its Derivatives" made by "Inner Mongolia Hengzheng Group Baoanzhao Agricultural and Trade LLC; PureCircle Ltd." The order follows the recent elimination of an exemption to a ban on imported goods made by forced labor (see 1602260049).
CBP officials are in the very early stages of considering potential benefits for Customs-Trade Partnership Against Terrorism program members related to withhold release orders on goods suspected of forced labor production, said Thomas Kendrik, chief, strategic enforcement branch, at CBP. One possible C-TPAT benefit could involve exporting goods that are stopped due to a WRO, he said. "We have discussed with our partners over there at C-TPAT that expedited export could be a benefit," he said. Kendrik and other officials spoke at the West Coast Trade Symposium on May 26 in Phoenix.
International Trade Today is providing readers with some of the top stories for May 16-20 in case they were missed.
The U.S. has lifted its 50-year arms embargo against Vietnam, as Washington continues efforts to normalize relations with the country, President Barack Obama said during a press conference with Vietnamese President Tran Dai Quang (here). Launching a three-day trip to the Southeast Asian country, Obama and his Vietnamese counterpart also highlighted their commitment to quickly and fully implementing the Trans-Pacific Partnership.
Despite a wide range of open questions about new antidumping and countervailing duty evasion enforcement proceedings, CBP fully expects to meet the required deadlines of the customs reauthorization law, said Carrie Owens, chief of CBP’s entry process and duty refund branch. Owens spoke during a panel discussion hosted by the American Bar Association on May 19. The agency is in the process of "furiously drafting" regulations and standard operating procedures related to the implementation of new AD/CVD enforcement measures, required to be implemented by Aug. 23, she said. The agency will also issue an interim final rule that will give some guidance as CBP seeks comments on proposed regulations, Owen said.