The 11 withhold release orders currently in place that involve companies or products from the Xinjiang region in China will become subject to the Uyghur Forced Labor Prevention Act as of June 21, said Elva Muneton, CBP acting executive director for the UFLPA Implementation Task Force, while speaking to a Los Angeles Customs Brokers and Freight Forwarders Association webinar June 2. That means goods subject to those WROs that are detained by CBP as of June 21 will require clear and convincing evidence that forced labor wasn't involved to be allowed to enter the U.S, she said. Before June 21, those detained goods would continue through the WRO process, Muneton said.
An aggressive timeline that aims to file a conference report by June 21 for the House and Senate China packages has lobbyists speculating that none of the proposals in the trade titles will be in the final bill because the two chambers are too far apart. The two chambers have relatively similar renewals of the Generalized System of Preferences benefits program and a big difference in their renewals of the Miscellaneous Tariff Bill. Each chamber has proposals the other doesn't, such as directing the administration to reopen Section 301 exclusions (Senate only); changing antidumping and countervailing duty laws (House only); removing China's eligibility for de minimis benefits (House only); and renewing and expanding Trade Adjustment Assistance (House only).
An aggressive timeline that aims to file a conference report by June 21 for the House and Senate China packages has lobbyists speculating that none of the proposals in the trade titles will be in the final bill because the two chambers are too far apart. The two chambers have relatively similar renewals of the Generalized System of Preferences benefits program and a big difference in their renewals of the Miscellaneous Tariff Bill. Each chamber has proposals the other doesn't, such as directing the administration to reopen Section 301 exclusions (Senate only); changing antidumping and countervailing duty laws (House only); removing China's eligibility for de minimis benefits (House only); and renewing and expanding Trade Adjustment Assistance (House only).
The State Department’s Directorate of Defense Trade Controls should make several additional changes and clarifications to its first rule that reorganized its defense trade regulations, two commenters told the agency. The agency should include clearer definitions for end-use and end-user, a trade group said. An aerospace company urged DDTC to clarify sections of the International Traffic in Arms Regulations that could have “unintended consequences.”
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The Federal Maritime Commission needs cooperation from the trade and logistics community to engage in meaningful enforcement, FMC Chairman Daniel Maffei said. Speaking last week at the annual National Customs Brokers & Forwarders Association of America conference, Maffei said that he has been frustrated that "a lot of people expect the FMC to intervene on the side of small shippers" and don't understand the limits of the commission's authority.
The Federal Maritime Commission needs cooperation from the trade and logistics community to engage in meaningful enforcement, FMC Chairman Daniel Maffei said. Speaking last week at the annual National Customs Brokers & Forwarders Association of America conference, Maffei said that he has been frustrated that "a lot of people expect the FMC to intervene on the side of small shippers" and don't understand the limits of the commission's authority.
The Census Bureau is still receiving questions about the role of auction houses in export transactions and that “is probably one of the biggest challenges that we're facing right now,” said Omari Wooden, assistant division chief for trade outreach and regulations. Some exporters have struggled to determine whether the houses should be listed as the U.S Principal Party in Interest and have asked Census for more guidance, but the agency has said each case may be different (see 2107010043).
CBP is almost ready to mandate electronic export manifest for ocean, air and rail, and plans to issue an EEM pilot for trucks within the next year, said Jim Swanson, director of the cargo and security controls division, for cargo and conveyance security in the CBP Office of Field Operations. CBP has been under pressure to move faster on the project after delays in 2021 pushed back its full release to at least this year (see 2110180038).
Customs and Border Protection will issue its guidance on complying with the Uyghur Forced Labor Protection Act before the new law takes effect June 21 (see 2112250001), Commissioner Chris Magnus told the annual conference of the National Customs Brokers and Forwarders Association of America Wednesday in Tucson. The guidance will be out “very, very soon,” he said. “I’ve heard loud and clear your concerns about receiving this guidance,” Magnus said. Under UFLPA, CBP must instruct importers on what constitutes the clear and convincing evidence they must produce to overcome the rebuttable presumption that their goods were produced in whole or in part with forced labor in Xinjiang, China. “Our team will be ready to answer your questions and able to address any concerns you have,” Magnus said. CBP will hold educational webinars on UFLPA, and provide additional guidance as it becomes available, he said. The interagency Forced Labor Enforcement Task Force, which is headed by the Department of Homeland Security, will also present a strategy to Congress on how CBP plans to enhance its legal authorities and other tools, plus address the additional resources required for enforcement. UFLPA requires CBP to report to Congress anytime it accepts an importer’s evidence that goods weren't made with forced labor, granting an exception from the rebuttable presumption requirement for the goods to be imported. Those exceptions will be made public.