CBP issued the following releases on commercial trade and related matters:
CBP's use of a new “de minimis” standard for allowing imports of goods in which forced labor played a minimal role will depend on the specifics of individual cases, a CBP spokesperson said by email. The standard was first mentioned as part of a set of frequently asked questions about a withhold release order aimed at silica-based products produced by Hoshine Silicon Industry, a company located in China's Xinjiang province, and its subsidiaries (see 2106240062). CBP said in the FAQs that it may consider a product outside the scope of the statute that prohibits forced labor goods if the forced labor contribution is “insignificant” (see 2108050019).
CBP seemed to open up the possibility for a new de minimis provision under forced labor withhold release orders, but more guidance is needed to determine its impact, Mayer Brown said in an Aug. 16 post. The post focused on an answer released in a recent CBP set of frequently asked questions on the WRO on silica-based products made by Hoshine Silicon Industry Co. in Xinjiang, China (see 2108030026). “CBP now appears willing to use its authority to enforce US law on the use of forced labor (19 U.S.C § 1307) to provide importers with flexibility when their imports contain de minimis amounts of product produced with forced labor,” the firm said. “However, until more guidance develops on how CBP intends to implement this policy, manufacturers and US importers should be wary of relying on it too heavily.”
International Trade Today is providing readers with the top stories from Aug. 2-6 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The branch chief of the forced labor division at CBP gave importers advice on how to deal with a withhold release order, and what to ask to find out if there are forms of exploitation at your suppliers that qualify as forced labor. When your goods are detained at port, Edward Thurmond said during a webinar Aug. 4, remember you can export the goods instead of paying for their detention. "As of this moment, you can reexport those goods to Canada or Mexico. That option may go away in time. It can go out the next day. It can go out even the same day. You are not forced to wait for the admissibility period."
CBP issued a withhold release order for imported “seafood harvested by the Hangton No. 112, a Fijian flagged and owned fishing vessel,” CBP said in a news release. Effective Aug. 4, CBP will stop seafood from the vessel at all U.S. ports of entry, it said.
International Trade Today is providing readers with the top stories from July 26-30 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
CBP recently posted answers to a set of frequently asked questions about the withhold release order aimed at silica-based products from China. The June 24 WRO applies to silicon produced by Hoshine Silicon Industry, a company located in China's Xinjiang province, and its subsidiaries (see 2106240062). The FAQs add some more details for how CBP will be administering the WRO.
Government representatives from the State Department, the Office of the U.S. Trade Representative and Homeland Security and an official from the International Labor Organization reminded importers that there are tools to help them source responsibly, such as "Better Work," Responsible Sourcing and "Comply Chain." Josh Kagan, acting assistant U.S. trade representative for labor, told attendees "we want to be in partnership with the business community and recognizing that you are an important player in the global fight against forced labor." The speakers were convened at a U.S. Chamber of Commerce virtual event July 30 called "Tackling Forced Labor."
The House’s Republican Study Committee released a counterproposal to the Senate’s Endless Frontier Act that would ban all imports made in Xinjiang and authorize more employees for CBP to stop imports made with forced labor. The committee’s Countering Communist China Act, released July 29, would ban all “goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part” in Xinjiang or by people working with the Xinjiang government. Certain import exceptions would be available if CBP determines the goods are not produced from forced labor. The bill would also authorize CBP to hire 28 employees specifically devoted to stopping forced-labor related imports.