Several Chinese companies that make solar panels that are imported into the U.S. should be added to the Uyghur Forced Labor Prevention Act entity list, the Coalition for a Prosperous America said in an Aug. 10 letter to the leaders of DHS and CBP. CPA, a domestic industry trade group, noted a recent report that solar panels have been stopped by CBP. A withhold release order should also be issued against goods imported by affiliated companies, it said. Specifically, CPA said the following companies should be added to the list:
Entities named on the Uyghur Forced Labor Prevention Act entity list can ask for removal through a request to the forced labor enforcement task force, DHS said in a recent notice. "In the removal request, the entity (or its designated representative) should provide information that demonstrates that the entity no longer meets or does not meet the criteria" of the UFLPA, it said. "Upon receipt of the removal request, the FLETF Chair or the Chair's designated representative may contact the entity on behalf of the FLETF regarding questions on the removal request and may request additional information. Following review of the removal request by the FLETF member agencies, the decision to remove an entity from the UFLPA Entity List will be made by majority vote of the FLETF member agencies." Entities can also request a meeting with the FLETF, it said. FLETF member agencies can also recommend additions to the list, it said. "The decision to add an entity to the UFLPA Entity List will be made by majority vote of the FLETF member agencies," it said.
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The Office of the U.S. Trade Representative heard from business groups, businesses that offer traceability solutions and civil society groups, 45 in all, on how to shape a forced labor strategy -- but their views diverged strongly on what the approach should be.
A little over a month since the Uyghur Forced Labor Prevention Act rebuttable presumption took effect, no importer so far has successfully overcome that presumption, Elva Muneton, acting executive director of the UFLPA Implementation Task Force said, speaking Aug. 3 during the CBP Detroit Field Office's Virtual Trade Week. "Thirty days into this. I have not seen any documentation that has been able to overcome the rebuttable presumption," she said. But, "it's only been 30 days so I think the documentation for a lot of the shippers that are detained are being assembled to be submitted to CBP. That's what I'm guessing is happening."
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.
A Bank of America Securities research note said analysts believe the Uyghur Forced Labor Prevention Act has been a "greater challenge than expected" for solar panel manufacturers, and at least three different suppliers' shipments have been detained in the first month since the law began to be enforced.
The Entity List released last month for the Uyghur Forced Labor Prevention Act (UFLPA) will be getting longer fairly soon, according to John Pickel, principal director, trade and economic competitiveness, Office of Strategy, Policy and Plans at DHS. Pickel, speaking at a CBP trade conference in California July 18, sad, "The process for adding and removing entities will be summarized in a Federal Register notice that we expect to come out in the short term."
A Husch Blackwell partner said that although most importers have not been surprised when CBP tells them they are intending to do an intensive exam on their goods when they arrive in port over forced labor issues, his firm has had several clients whose goods were cleared, and then, in the first month after that date, CBP issues a redelivery notice.
Seven House Democrats have asked the Biden administration why three Chinese solar panel manufacturers were not put on the entity list under the Uyghur Forced Labor Prevention Act, as they say consulting group Horizon Advisory has reported that the three either have ties to forced labor or have signs of using forced labor.