CBP failed to explain its finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor, the Court of International Trade held on Sept. 23. Vacating and remanding the forced labor finding, Judge Timothy Reif said the agency failed to "articulate a satisfactory explanation for its action” based on a “rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act's arbitrary and capricious standard.
CBP is planning to release a separate forced labor portal in FY 2026 that importers will be required to use, according to a document the agency prepared for the Commercial Customs Operations Advisory Committee's forced labor working group ahead of the COAC's Sept. 17 meeting.
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.
Lawyers with extensive experience in Uyghur Forced Labor Prevention Act detentions said that CBP processes have been changing, and that companies should stress test how quickly they can get documents about materials from their suppliers and suppliers' suppliers, and how quickly they can understand all they've been given and send the right documents to CBP.
Crowell & Moring partner David Stepp, a trade expert in the Los Angeles office, said that he and other trade lawyers have been hearing rumors about how the Trump administration will define "transshipment" in its reciprocal trade agreements. He said the rumor is that details will be released "in coming days."
The Forced Labor Enforcement Task Force will be scrutinizing five additional sectors for forced labor violations: caustic soda, copper, jujubes, lithium and steel, according to an Aug. 19 DHS report.
Some companies and associations in the solar industry endorsed additional tariffs on Chinese polysilicon, but others expressed concern that allied countries will be hit with overlapping Section 232 tariffs on both imports of polysilicon and solar cells, in public comments to the Bureau of Industry and Security.
The president's trade team has been suggesting that its definition of transshipment is different than what the word has traditionally meant -- that they will assign country of origin based on how much of the finished good was made from local inputs.
Importers of automobiles and auto parts are facing a massive increase in compliance standards as the Trump administration's tariffs on automobiles force importers to reevaluate supply chains to find competitive advantage, compliance experts said during an Aug. 6 webinar.
Exporter Camel Group defended its motion to unredact and re-designate part of the administrative record in its case against its placement on the Uyghur Forced Labor Prevention Act Entity List, arguing on July 18 that the government won't suffer harm if Camel Group's lawyers can share the documents with the company. The exporter claimed that the government's interest in shielding the documents is "tarnished by continued inconsistencies in its designation" (Camel Group Co. v. United States, CIT # 25-00022).