CBP intends to self-initiate withhold release orders and, alongside Immigration and Customs Enforcement, investigations into imports produced by forced labor, CBP Deputy Commissioner Kevin McAleenan said during a Customs Commercial Operations Advisory Committee meeting on Nov. 17 in Washington. The COAC had adopted a recommendation at the meeting that CBP clarify its ability to “self-initiate allegations.” A representative from the advocacy group Human Rights First that participated in a COAC work group on the forced labor issue urged CBP to self-initiate forced labor investigations during the meeting and, noting that the recommendations that came out of the work group didn’t “represent consensus,” asked CBP to provide an opportunity for public comments. A representative from another advocacy group that participated in the COAC work group, Humanity United, also said she has concerns about the recommendations, including disagreement with one that said CBP should set a time limit on how long it has to respond to an importer’s proof of admissibility after issuing a withhold release order. CBP Commissioner Gil Kerlikowske told the Senate Finance Committee in May that CBP plans to self-initiate forced labor investigations (see 1605110042).
MIAMI -- Efforts toward a North American Single Window should not change the role of customs brokers in the U.S., Mexico and Canada, respectively, said Geoff Powell, president of the National Customs Brokers & Forwarders Association of America. The association is not looking for a “European Union model” wherein brokers would be able to conduct customs business throughout the continent, Powell said, speaking at the Florida Customs Brokers & Forwarders Conference of the Americas on Nov. 15. Instead, it’s working with CBP, Canadian and Mexican customs, and broker groups in Mexico and Canada on facilitating the sharing of data, including export and import manifest, to “make it a little bit easier in getting the data” and to avoid duplicating information, he said.
CBP posted an agenda (here) and other documents for the upcoming Commercial Customs Operations Advisory Committee (COAC) meeting on Nov. 17 (here) in Washington. Among the posted items are draft recommendations from the forced labor working group (here) that suggest regulatory changes should be made to define when CBP must decide to make a formal finding after a withhold release order is issued. Currently, CBP's regulations don't specify timing, so "CBP should establish an appropriate timeframe to respond to an importer’s proof of admissibility as a result of a WRO," the group said. The agency should also make changes to proof of admissibility requirements in the regulations and seek comments on any changes, it said.
NEW YORK -- Donald Trump's presidential election victory likely further reduces the chances for the approval of pending free trade agreements with Asia and Europe, trade policy experts said Nov. 9 at the Apparel Importers Trade and Transportation Conference. There also are some early indications as to who might head up trade policy under Trump, most of whom have a more "protectionist" bent, said David Spooner, a lawyer with Barnes & Thornburg who was assistant secretary of commerce for import administration under President George W. Bush. Still, the likely "chaos" from Trump's trade policy may also provide for new opportunities for positive change, he said.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet Nov. 17 in Washington, CBP said in a notice (here).
SAN DIEGO -- With the Centers of Excellence and Expertise handling more post-entry work, importers are seeing duty bills revised upward more often, which is leading to increased bond requirements, said Lisa Gelsomino, CEO of Avalon Risk Management, during the Western Cargo Conference on Oct. 14. When the duty bills are found to be wrong, CBP considers such improper declarations to be indicative of a higher-risk importer, which leads to a higher bonding requirement, she said. Other factors that could lead to an increased bond include fines, penalties and forfeitures, as well as surety payments, she said.
SAN DIEGO -- CBP is in "almost daily contact" with Hanjin Shipping as the insolvent company devises a path for moving cargo to its intended destinations, CBP Commissioner Gil Kerlikowske said at the Western Cargo Conference on Oct. 14. The agency is working to understand the "difficult issues," such as cargo sitting offshore and the storage or movement of cargo at the ports (see 1609300047), he said. "We have made sure that on the West Coast, all of our port directors" know what's going on, he said. The agency is also "well aware" of the problems the situation is causing, he said. Much about Hanjin's future, including a possible sale, remains unclear, the Wall Street Journal reported (here).
The Labor Department on Sept. 30 updated its List of Goods Produced by Child Labor or Forced Labor (here). The list now includes 139 goods from 75 countries, with the 2016 edition adding three new goods (pepper from Vietnam, potatoes from Lebanon, and silk cocoons from Uzbekistan) and two new countries (Costa Rica for cattle and coffee, and Sudan for gold), DOL said (here). The list does not directly affect CBP decisions to issue withhold release orders (WROs) banning imports of goods made from forced, child or prison labor, though CBP has said it may use the list for research and pointed to DOL reports as resources for importers to avoid being affected by the company-specific CBP forced labor import bans (see 1604220017). DOL also issued on Sept. 30 its 2015 Findings on the Worst Forms of Child Labor report (here), and is seeking comments on that report, as well as the forced labor goods list and a 2014 list of products produced by child labor, it said (here).
International Trade Today is providing readers with some of the top stories for Sept.19-23 in case they were missed.
CBP Commissioner Gil Kerlikowske will testify at the House Ways and Means Trade Subcommittee’s trade enforcement hearing scheduled for 10 a.m. Sept. 27, the subcommittee said (here). Kerlikowske recently said a focus for the hearing would be child and forced labor goods (see 1609130052).