Tim Warren

CBP doesn't like the idea of publicly listing the foreign suppliers known to use forced labor as part of withhold release orders that don't target specific entities, said Therese Randazzo, director of the forced labor division in the trade remedy and law enforcement directorate at CBP. Such a list would result in obfuscation by those companies and U.S. importers are required to use reasonable care, said Randazzo, who spoke June 16 during a panel on forced labor hosted by Arent Fox and the New York State Bar Association. Unlike other WROs, regional WROs, such as the one on cotton and tomato products from China’s Xinjiang region (see 2101130053), don't name specific companies subject to the order.

International Trade Today is providing readers with the top stories from June 7-11 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The Treasury Department published its spring 2021 regulatory agenda for CBP. The agenda includes some details about a proposal to change USMCA rules for non-preferential origin determinations for merchandise imported from Canada or Mexico. The proposal was previously disclosed by the Office of Information and Regulatory Affairs, within the Office of Management and Budget (see 2105120051), where it remains under review.

Coinciding with an increased use of CBP's Enforce and Protect Act process for investigating possible antidumping and/or countervailing duty evasion is a feeling among importers that EAPA action is largely skewed toward the alleger. “Typically, the first notice the importer receives is after the agency has already accepted the allegation and imposed draconian ‘Interim Measures’ that treat the importers’ goods as subject to anti-dumping and countervailing duties, a process" that "has proven to be massively unjust,” Mary Hodgins, a lawyer at Morris Manning, said by email. The process is facing increased scrutiny, with several lawsuits that raise due process questions making their way through the courts.

International Trade Today is providing readers with the top stories from June 1-4 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

CBP may issue a penalty of up to $1.3 billion to Ford Motor Co. related to the company's classification of passenger wagons that were converted to Ford Transit cargo vans, Ford said in a June 3 Securities and Exchange Commission filing. "If such a claim is brought, CBP indicated that the penalty it may seek could be as much as $652 million to $1.3 billion," the company said. "In the event a penalty is ultimately imposed against us, the amount would be based on our level of culpability as determined by the courts. We intend to vigorously defend our actions and contest payment of any amounts set forth in the pre-penalty notice."

Members of the Customs-Trade Partnership Against Terrorism program would like to see better communication and a continued reliance on virtual visits, the University of Houston Borders, Trade and Immigration Institute found in a recently released study. “CTPAT is already taking action to address areas of improvement found within the study such as providing increased training for [supply chain security specialists (SCSS)] and looking into a formal mechanism for collecting member feedback,” CTPAT Director-Office of Field Operations Manuel Garza said in a note to members. Garza said he plans to create an internal task force to review the findings.

International Trade Today is providing readers with the top stories from May 24-28 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

CBP's “claim of 'forced labor, abuse of crew members and withholding of pay' is fabrication that is totally inconsistent with facts,” China Foreign Ministry spokesperson Wang Wenbin said during a May 31 news conference in response to a question about a withhold release order issued against the Dalian Ocean Fishing Company. The company “has never sold any products to the U.S., and there's nothing to detain in the first place,” he said.

CBP issued a new withhold release order on seafood harvested by vessels owned or operated by the Dalian Ocean Fishing of China, Department of Homeland Security Secretary Alejandro Mayorkas said on a May 28 call with reporters. CBP previously issued WROs on specific vessels, but this one is the first to apply to a full fleet, he said. Dalian's fleet includes 32 vessels, he said.