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Summary of CBP’s March 2023 Forced Labor Technical Expo

Summary of CBP’s March 2023 Forced Labor Technical Expo 

CBP held a Forced Labor Technical Expo from March 14-15, comprised of experts and service providers highlighting tools to utilize for supply chain transparency to comply with The Uyghur Forced Labor Prevention Act (UFLPA) and the general “reasonable care” obligations of U.S. importers. UFLPA was signed into law December 31, 2021, and seeks to prohibit imports of certain goods from China’s Xinjiang Uyghur Autonomous Region, where it has been reported that the Chinese government is using forced labor of Uyghur Muslims and other ethnic and religious minorities in detention camps and factories. For more information about the UFLPA, please see our previous blog articles here and here.  

CBP Data Dashboard  

CBP launched a UFLPA data dashboard where the trade community can now monitor forced labor enforcement by origin, commodity, CBP Center of Excellence and Expertise, and more. See the screenshot of the new dashboard below and note that the countries of export most targeted are NOT China, contrary to popular belief. This is partly due to the fact that most UFLPA enforcement to date has been on solar panels, which may include Chinese-origin raw materials but are generally further manufactured outside of China. Notably, CBP is actively tracking many different types of products across many different industries with raw materials that originate in China and that are further manufactured in other countries for forced labor enforcement. […]

By |2023-03-29T12:06:53-04:00March 29, 2023|China, Forced Labor, International Trade, Reasonable Care, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments
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CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act

Background

The Uyghur Forced Labor Prevention Act (“UFLPA”) went into effect on June 21, 2022. The law creates a rebuttable presumption that imports of all goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China (“Xinjiang”), or by entities identified on the UFLPA Entity List, were made using forced labor and are prohibited from entry into the U.S. under 19 U.S.C. § 1307. For more information about the UFLPA, please see our previous blog articles here and here. U.S. Customs and Border Protection (“CBP”) has been vigorously enforcing this law, detaining hundreds of attempted import shipments every month under both the UFLPA and Withhold Release Orders for suspected forced labor violations.

Importers that have a shipment detained under the UFLPA can seek to have the shipment released under one of two paths. They can either:

  • show that in spite of the fact that the goods were produced wholly or partially in Xinjiang or by an entity on the UFLPA Entity List, they were not in fact made using forced labor; or
  • show that neither the goods nor the inputs used to make the goods were produced wholly or partially in Xinjiang and have no connection to entities on the UFLPA Entity List (i.e., that the goods fall outside the scope of the UFLPA).

Taking the second path means requesting an “admissibility review.”

Last year, pursuant to the UFLPA, the Department of Homeland Security published a Strategy to Prevent the Importation of Goods Mined, […]

By |2023-03-09T20:19:21-05:00March 9, 2023|China, Forced Labor, Import, International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS), Uncategorized|Comments Off on CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act
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Significant Updates to BIS Enforcement Policies in 2022

Diaz Trade Law’s President, Jennifer Diaz, Associate Attorney Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Significant Updates to BIS Enforcement Policies in 2022“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

[…]

By |2022-11-08T14:42:31-05:00November 8, 2022|Bloomberg, Bloomberg Export, China, Cuba, EAR, Export, International Trade, IRAN, People's Republic of China, Russia, Russian Harmful Foreign Activities Sanctions Regulations, U.S. Bureau of Industry and Security (BIS)|Comments Off on Significant Updates to BIS Enforcement Policies in 2022
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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

By |2022-12-25T23:16:56-05:00November 4, 2022|AD/CVD, China, Federal Maritime Commission (FMC), International Law, International Trade, Mexico, SDN List, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Homeland Security (DHS), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Uncategorized|Comments Off on Customs and Trade Law Weekly Snapshot
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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

By |2022-12-25T23:20:05-05:00October 28, 2022|China, IRAN, Mexico, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of State (DOS), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Uncategorized|Comments Off on Customs and Trade Law Weekly Snapshot
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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

By |2022-12-25T23:20:15-05:00October 14, 2022|AD/CVD, EAR, HTS, Import Alert, International Trade, IRAN, People's Republic of China, Russian Harmful Foreign Activities Sanctions Regulations, SDN List, Special 301, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Labor (DOL), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off on Customs and Trade Law Weekly Snapshot
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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

By |2022-12-25T23:20:20-05:00October 7, 2022|China, International Law, International Trade, IRAN, Mexico, Russia, Taiwan, U.S. Bureau of Industry and Security (BIS), U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Uncategorized|Comments Off on Customs and Trade Law Weekly Snapshot
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Customs and Trade Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

By |2022-09-22T16:13:32-04:00September 23, 2022|China, International Trade, Russia, Socialist Republic of Vietnam, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Vietnam|Comments Off on Customs and Trade Weekly Snapshot
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Customs and Trade Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

 

United States Department of Commerce (DOC)

  • The U.S. Department of Commerce (DOC) determines that carbon and alloy steel threaded rod (steel threaded rod) from India is not being sold in the United States at below normal value.  
  •  As a result of the respective determinations by the DOC and the U.S. International Trade Commission (ITC) that termination of the 2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice from Argentina (2016 Agreement) and the underlying antidumping duty investigation on lemon juice from Argentina would likely lead to continuation or recurrence of dumping 
  • The DOC preliminarily finds that Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of subject merchandise at prices below normal value (NV) 
  • On July 29, 2022, the DOC published the preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People’s Republic of China (China). 
  • The DOC published a notice in the Federal Register on August 2, 2022, for the preliminary results and partial recission of the 2020–2021 administrative review of the antidumping duty order on certain pasta (pasta) from Italy 
  • The DOC preliminarily finds […]
By |2022-09-15T16:24:58-04:00September 16, 2022|China, COVID-19, IRAN, Mexico, People's Republic of China, Russia, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), Vietnam|Comments Off on Customs and Trade Weekly Snapshot
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