Contradictory language in the Uyghur Forced Labor Prevention Act -- which says the government may list entities that source items from Xinjiang, but says that the rebuttable presumption only applies to goods "produced by an entity on a list" -- may result in more litigation over the entity list, trade mavens say.
Mara Lee
Mara Lee, Senior Editor, is a reporter for International Trade Today and its sister publications Export Compliance Daily and Trade Law Daily. She joined the Warren Communications News staff in early 2018, after covering health policy, Midwestern Congressional delegations, and the Connecticut economy, insurance and manufacturing sectors for the Hartford Courant, the nation’s oldest continuously published newspaper (established 1674). Before arriving in Washington D.C. to cover Congress in 2005, she worked in Ohio, where she witnessed fervent presidential campaigning every four years.
False consignee addresses and vague descriptions of products are beginning to be flagged by CBP, as the agency tries to wrap its arms around the flood de minimis packages -- and CBP's insistence on better labeling is spreading to other modes of entry as well, Flexport customs experts said.
Sen. Marco Rubio, co-author of the Uyghur Forced Labor Prevention Act, along with the leaders of the House Homeland Security Committee and the House Select Committee on China, have provided detailed supply chain maps for lithium-ion battery makers CATL (Contemporary Amperex Technology Co.) and Gotion High Tech, linking them to companies that transfer Uyghur workers and companies that mine minerals or make aluminum in Xinjiang.
Although Sen. John Cornyn, R-Texas, happily described a trade preferences hearing as a "pro-trade love fest," comments from the panel's top Republican and its chair revealed why the Generalized System of Preferences benefits program, which has broad support, has spent years stalled in Congress.
Barely more than half of the pharmaceuticals' value consumed in the U.S. is domestically produced, but re-shoring is not the answer to vulnerabilities in the supply chains for drugs or medical equipment, panelists said at a think tank event.
U.S. Trade Representative Katherine Tai, when asked about the U.S. views on reviving dispute settlement at the World Trade Organization, said that countries need to reflect on how the previous system provided incentives for the U.S. and EU to "continue fighting for almost 20 years about state support for Boeing and Airbus, caused us to fight with each other, and pick at each other while the PRC [People's Republic of China] built up its own large civil aircraft industry under our noses."
CBP's Acting Commissioner Troy Miller said the agency "has suspended multiple customs brokers from participating in the Entry Type 86 Test after determining that their entries posed an unacceptable compliance risk," and that it will continue to take action against those who "abdicate their customs compliance responsibilities." The statement also said: “Any broker that has been suspended will be considered for reinstatement if it demonstrates to CBP that it has developed and implemented a remedial action plan."
A final rule that will allow the FDA to dispose of low-value medical devices and medicines more easily will take effect June 30. Currently, importers of medical devices valued at $2,500 or less have the option of re-exporting the device if it is barred from entering the U.S. In the case of drug shipments under that dollar threshold, the FDA has to prove the medicines are counterfeit, misbranded, adulterated or not approved in the U.S.; with the change, the agency will be allowed to destroy the drugs if it appears they are counterfeit, etc., unless the owner or consignee asks to testify on the medicines' admissibility.
World Shipping Council CEO Joe Kramek said that his trade group doesn't take a position on whether Chinese practices to support its commercial shipbuilding industry are actionable under Section 301, but it "strongly opposes" the petitioners' proposal that a $1 million fee be levied on Chinese-built ships docking in U.S. ports.
Government subsidies for domestic manufacturing in strategic sectors tend to then need trade protections, former top U.S. trade representative officials from the Trump and Biden administrations agreed.