DHS and its partner agencies need more funding and resources to handle the increasing enforcement scope of the Uyghur Forced Labor Prevention Act, the Forced Labor Enforcement Task Force (FLETF) said in the first update to its UFLPA strategy. The update, released Aug. 1 and required annually, also outlines new steps CBP is taking to upgrade its enforcement capabilities and describes plans to soon provide more UFLPA compliance guidance to importers.
DHS will add three entities to the Uyghur Forced Labor Prevention Act Entity List, the agency said Aug. 1. The additions, effective Aug. 2, will add Chinese battery manufacturer Camel Group Co. for working with the Xinjiang government to “recruit, transport, transfer, harbor or receive forced labor or Uyghurs” and other persecuted groups. Chinese spice manufacturer ChenGuang Biotech Group Co., Ltd. and its subsidiary, Chenguang Biotechnology Group Yanqi Co. Ltd., will be added for sourcing material from Xinjiang or from entities in the region that are involved in a “government labor scheme that uses forced labor,” DHS said.
DHS will add a Chinese battery manufacturer along with a Chinese spice manufacturer and its subsidiary to the Uyghur Forced Labor Prevention Act Entity List, the agency said in a notice released Aug. 1. Camel Group Co., a major manufacturer of car batteries, will be added for working with the Xinjiang government to “recruit, transport, transfer, harbor or receive forced labor or Uyghurs” and other persecuted groups. DHS also will add spice and extract maker ChenGuang Biotech Group Co., Ltd., along with subsidiary Chenguang Biotechnology Group Yanqi Co. Ltd., for sourcing material from Xinjiang or from entities in the region that are involved in a “government labor scheme that uses forced labor.”
The U.S. Court of Appeals for the Federal Circuit's recent ruling in Royal Brush Manufacturing v. U.S., which found that CBP violated importer Royal Brush's due process rights by not giving it access to business confidential information in an antidumping and countervailing duty evasion proceeding, "may have broader implications," including on forced labor issues, customs lawyer Lawrence Friedman said in a July 28 blog post. If the decision "applies generally, it may require that" CBP make its record fully available, including BCI, which would be an "interesting unintended consequence" of this Enforce and Protect Act case, Friedman said.
Compliance with the Uyghur Forced Labor Prevention Act has "significantly impacted" U.S. fashion companies' "sourcing practices," and many importers are diversifying away from China and other countries in Asia to mitigate supply chain risks, the U.S. Fashion Industry Association said in its annual survey of industry executives released July 31. Nearly 80% percent of survey respondents said they plan to reduce apparel sourcing from China over the next two years, with a record high 15% planning to “strongly decrease” sourcing from the country.
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CBP in June identified 405 shipments valued at more than $239 million for further examination based on the suspected use of forced labor, including goods subject to the Uyghur Forced Labor Prevention Act and withhold release orders, the agency said in its most recent operational update. In May, CBP identified a total of 460 shipments valued at more than $197 million (see 2306210021). CBP also seized 1,709 shipments in June that contained counterfeit goods valued at more than $120 million, the agency 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.
The Securities and Exchange Commission is pressing companies based in China to provide more detailed disclosures on Uyghur Forced Labor Prevention Act compliance and the role of the Chinese government in their operations, according to a sample letter recently posted to the agency’s website.