International Trade Today is providing readers with the top stories from July 12-16 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Importers of goods that were made in Xinjiang, or contain inputs that were mined or grown in Xinjiang, would have to prove to CBP's satisfaction that the goods were not made with forced labor, starting 300 days after the signing of the Uyghur Forced Labor Prevention Act if the Senate version is the one that becomes law. The Senate bill, which passed unanimously the evening of July 14, directs the Department of Homeland Security, after consulting with the Office of the U.S. Trade Representative and the departments of Labor and State, to solicit public comments “on how best to ensure that goods made with forced labor in the People’s Republic of China, including by Uyghurs, Kazakhs, Kyrgyz, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, are not imported into the United States.” That public notice would have to follow within 45 days of enactment. The public would have at least 60 days to comment, and a public hearing would follow within 45 days of the end of that period.
One of the obligations Canada and Mexico agreed to in the NAFTA rewrite is a ban on goods made with forced labor, but Baker McKenzie lawyers said it's not clear how much things are changing in that regard. Paul Burns, a Baker McKenzie partner in Toronto, said that while Canada has changed its law to ban the importation of goods made with forced labor, the Canadian customs agency does not disclose information about its enforcement. "We don’t know if there have been any detentions made," he said. "I expect there hasn't been."
The House Ways and Means Trade Subcommittee will hold a hearing July 21 online at 10 a.m. on " The Global Challenge of Forced Labor in Supply Chains: Strengthening Enforcement and Protecting Workers."
Concerns about apparel shipments being detained due to a withhold release order were the biggest worry for U.S. Fashion Industry Association Virtual Washington Trade Symposium attendees, and USFIA customs counsel John Pellegrini told them he had no news to allay their fears.
The Airbus settlement paves the way for collaboration on shared challenges, "including those posed by the anti-competitive practices of China and other non-market economies," U.S. Trade Representative Katherine Tai said she and British Trade Secretary Liz Truss agreed during their meeting July 13. According to the USTR's readout of the meeting, both leaders "stressed the importance of fair competition in the global economy and agreed to work together both bilaterally and through multilateral fora to promote fair competition, enhance the international trade system, and address forced labor issues. Ambassador Tai and Secretary Truss committed to continue strengthening the trade and economic partnership between the United States and United Kingdom."
The new Xinjiang Supply Chain Business Advisory tells businesses that may have operations, supply chains or laborers from China's Xinjiang region that they "should be aware of the significant reputational, economic, and legal risks of involvement with entities or individuals in or linked to Xinjiang that engage in human rights abuses, including but not limited to forced labor and intrusive surveillance." The interagency advisory says that businesses that do not exit Xinjiang connections "could run a high risk of violating U.S. law. Potential legal risks include: violation of statutes criminalizing forced labor including knowingly benefitting from participation in a venture, while knowing or in reckless disregard of the fact that the venture has engaged in forced labor; sanctions violations if dealing with designated persons; export control violations; and violation of the prohibition of importations of goods produced in whole or in part with forced labor or convict labor."
Cynthia Whittenburg, who retired as CBP deputy executive assistant commissioner in the Office of Trade earlier this year (see 2102090059), joined the National Customs Brokers & Forwarders Association of America Educational Institute (NEI) as an associate director, the trade association said in an emailed July 6 news release. Whittenburg will “assist in expanding the delivery of our content though institutions of higher learning as well as other appropriate avenues as well as assist in the development of additional courses needed to continue our mission,” NEI Executive Director Kiko Zuniga said. “Some of these courses will deal with current issues such as forced labor, USMCA, to name a few.” While at CBP, Whittenburg helped in examining the need for continuing education requirements for customs brokers (see 1910160056), an issue that CBP is still working on and that the NEI is following closely (see 2105040004).
International Trade Today is providing readers with the top stories from June 28 - July 2 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The rules for forced labor documentation will likely become as detailed as the rules on conflict mineral reporting, Angelica Tsakiridis, a senior manager at Deloitte, said July 1 at a virtual conference hosted by the American Importers and Exporters Association. CBP has been working on a rulemaking around forced labor for years (see 1805100026), but it remains to be seen whether documentation requirements will be included.