The European Council and the European Parliament on Dec. 14 negotiated new rules that will make up its upcoming corporate sustainability due diligence directive, which will require companies to conduct specific due diligence on their supply chains to address various environmental and social concerns, including forced labor risks (see 2202230073). The “provisional” agreement still needs to be formally adopted by both the council and the parliament before it takes effect.
The proposed European Union forced labor trade ban waits to stop goods until after a government investigation finds the goods contain forced labor, in contrast to the U.S. approach, which automatically bans all imports that are suspected to be made with forced labor, without a separate investigation, trade lawyer John Foote said.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Congress should remove permanent normal trade relations status for China, but rather than move Chinese imports into Column 2, it should create a China-specific tariff schedule "that restores U.S. economic leverage to ensure that the [Chinese government] abides by its trade commitments and does not engage in coercive or other unfair trade practices and decreases U.S. reliance on [Chinese] imports in sectors important for national and economic security," the House Select Committee on China wrote as one of its dozens of legislative recommendations in its "Strategy to Win America's Economic Competition with the Chinese Communist Party." The report, released Dec. 12, also recommended:
National Customs Brokers and Forwarders Association of America President J.D. Gonzalez said the trade group thinks the Customs Modernization Act is heavily focused on enforcement, and the group is "a little disappointed" that some of the items that NCBFAA talked about with Sen. Bill Cassidy, R-La., didn't find their way into this bill.
The Customs Modernization bill introduced in the Senate allows CBP to access data from parties in the supply chain other than importers, allows those parties to update and amend their advance data, and authorizes a customs broker or importer of record to convert the pre-entry information into a certified entry filing.
DHS is adding three more Chinese companies to the Uyghur Forced Labor Prevention Act entity list for their participation in forced labor transfer programs, including two based outside the Xinjiang province of China.
DHS will add three more entities to the Uyghur Forced Labor Prevention Act Entity List, it said in a notice released Dec. 8. Anhui Xinya New Materials Co., Ltd. (formerly known as Chaohu Youngor Color Spinning Technology Co., Ltd. and Chaohu Xinya Color Spinning Technology Co., Ltd.); COFCO Sugar Holdings Co., Ltd.; and Sichuan Jingweida Technology Group Co., Ltd. (also known as Sichuan Mianyang Jingweida Technology Co., Ltd. and JWD Technology; and formerly known as Mianyang High-tech Zone Jingweida Technology Co., Ltd.) are being added for “working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region." The new listings will take effect Dec. 11.
Because China is undermining the Convention on International Trade in Endangered Species (CITES) with its domestic market for pangolins and pangolin products, the White House should ban the import of "associated fish and wildlife" from China, Rep. Raul Grijalva, D-Ariz., ranking member on the House Natural Resources Committee, and Rep. Raja Krishnamoorthi, D-Ill., ranking member on the House Select committee on China, argue.
The Court of International Trade doesn't have jurisdiction to hear importer Southern Cross Seafoods' challenge to the National Marine Fisheries Service's rejection of its application for preapproval to import Chilean sea bass, the court ruled Dec. 7. Judge Timothy Reif said that the agency's decision, issued under the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA), doesn't constitute an "embargo or other quantitative restriction," barring jurisdiction under Section 1581(i), the court's "residual" jurisdiction.