Morgan Lewis attorneys said that although the number of detentions by CBP under suspicion of Xinjiang content in the automotive and aerospace sector don't suggest there's a high risk of exposure to Uyghur labor in supply chains, importers should recognize that the issue of forced labor enforcement in the sector is not going away.
DHS said it will respond to a Sept. 19 letter sent by Rep. Mike Gallagher, R-Wis. -- which asked the agency to determine whether a list of 25 entities should be added to the Uyghur Forced Labor Prevention Act Entity List (see 2309200009) -- through “official channels.” The agency “will continue to respond appropriately to Congressional oversight,” the spokesperson said in a Sept. 21 email response to International Trade Today. When it receives suggestions for additions to the UFLPA List, the person said, DHS’ Forced Labor Enforcement Task Force “considers the source’s methodology, prior publications, degree of familiarity and experience with international labor standards” and “its reputation for accuracy and objectivity,” among other factors.
The National Association of Foreign-Trade Zones said it will continue to advocate for the use of foreign-trade zones to hold merchandise detained under the Uyghur Forced Labor Prevention Act (see 2308030007), citing a recommendation to that effect adopted by the Commercial Customs Operations Advisory Committee at its Sept. 20 meeting.
The top Republican on the House Select Committee on China asked the Biden administration to determine whether 13 Chinese government officials should be subject to sanctions and 25 entities should be added to the Uyghur Forced Labor Prevention Act Entity List for their ties to human rights abuses in Xinjiang.
CBP modified its withhold release order against Supermax Corporation Bhd. and its wholly owned subsidiaries Supermax Glove Manufacturing, Maxter Glove Manufacturing Sdn. Bhd., and Maxwell Glove Manufacturing Bhd. due to "successful remediation of forced labor indicators in the company's supply chain." The modification, announced Sept. 18, will allow for disposable gloves made by Supermax and its subsidiaries to enter the U.S. "effective immediately," assuming they are "otherwise in compliance" with U.S. laws, CBP said.
CBP posted the following documents ahead of the Sept. 20 Commercial Customs Operations Advisory Committee (COAC) meeting:
The Commercial Customs Operations Advisory Committee is set to adopt a recommendation urging CBP to allow the use of foreign-trade zones for merchandise detained under the Uyghur Forced Labor Prevention Act, after an August policy change by the agency barred the practice (see 2308030062).
The Uyghur Forced Labor Prevention Act, with importers bearing the burden of proof, is the No. 1 forced labor compliance issue, panelists said, outpacing disclosure and due diligence laws in other countries around the world.
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The executive at CBP responsible for the two pilot programs collecting data for Section 321 and Entry Type 86 told an audience of brokers that issuing a notice of proposed rulemaking on required data submissions for de minimis shipments is "of the highest priority at CBP right now." He repeated for emphasis, "The highest priority. From the commissioner down, it has been: 'When are we going to get the NPRM?'"