CBP will expand its preliminary hold notification benefit for Trade Compliance program members of the Customs Trade Partnership Against Terrorism (CTPAT) to include withhold release orders (WROs) and forced labor findings, the agency announced in a May 30 letter to CTPAT participants. Preliminary hold notifications were first offered as a benefit for Uyghur Forced Labor Prevention Act (UFLPA) holds back in March (see 2304260045).
CBP is now detaining imports of batteries under the Uyghur Forced Labor Prevention Act, customs lawyer Richard Mojica said in a post on LinkedIn. “CBP’s Detention Notice Addendum -- a document that lists commodity-specific supply chain tracing requirements -- now references batteries,” Mojica said.
CBP's Commercial Customs Operations Advisory Committee (COAC) will next meet June 14 in Arlington, Virginia, CBP said in a notice. Comments are due in writing by June 9.
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Importers doing due diligence on their Chinese suppliers to make sure they don’t run afoul of forced labor prohibitions need to stick with the “nuts and bolts” of supply chain information, rather than explaining why it’s needed or asking for certifications that the suppliers comply with U.S. law, both of which could be illegal under Chinese law, Virginia Newman of Miller & Chevalier said during a recent webinar.
CBP’s approach to enforcing the Uyghur Forced Labor Prevention Act has been “especially damaging” to small and medium-sized businesses (SMEs) forced to confront “nearly impossible” supply chain documentation requirements and that lack the ability to easily restructure their supply chains, a customs lawyer said in a recent post on the China Law Blog.
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The chairman of the powerful House Rules Committee used his perch to promote a bill he sponsored that would allow the president to lower duties on non-import-sensitive goods made by a country that lost exports due to coercive actions; increase duties on imports from the "foreign adversary" committing the coercion; and allow the U.S. to more easily facilitate trade, including exports, with the coerced parties (see 2302230021).
CBP is delaying its planned automation of the Uyghur Forced Labor Prevention Act detention process, according to the agency’s most recent ACE development and deployment schedule, released May 9. An entry in the schedule for “Automation of CBP Form 6051D for Detentions of Cargo Filed in ACE,” including UFLPA detentions, is now listed as having a deployment date of "TBD," after having been projected for deployment in May in CBP's prior ACE schedules. CBP has said the capability, which would “create an automated process for Admissibility Reviews and Exception Requests,” would be deployed May 20 (see 2304210072). CBP did not immediately comment.
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