Please join us for an update from our Supply Chain and Forced Labor team on the current state of the Uyghur Forced Labor Prevention Act (UFLPA), U.S. Customs and Border Protection (CBP) withhold release orders (WRO), findings, and how to successfully modify a WRO, submit WRO detention responses that work, and the timeline to have
European Commission Issues a Proposal for a Directive on Corporate Sustainability Due Diligence
On February 23, 2022, the European Commission adopted a new proposal for a directive on corporate sustainability due diligence. The proposed directive specifically focuses on corporate responsibility in global supply chains with regards to human rights – such as child and forced labor – and the environment. This proposed directive comes nearly a year after
U.S. Senators Introduce the Slave-Free Business Certification Act
On February 3, 2021, U.S. Senators Josh Hawley (R-MO) and Kirsten Gillibrand (D-NY) introduced the Slave-Free Business Certification Act of 2022. The bipartisan bill would require companies that have an annual, worldwide receipts that exceeds $500 million and that are involved in the mining, production, or manufacture of goods for sale to conduct an audit
Comment Period for UFLPA Opens on January 24
Comment Period for UFLPA Opens on January 24
As an update to our Uyghur Forced Labor Prevention Act (“UFLPA”) post, the public comment period will open on Monday, January 24, 2022. A Federal Register Notice will be published on Monday and the 45-day comment period will end on March 10, 2022. The UFLPA was
House passes bill barring imports of goods produced in the Xinjiang Autonomous Region of China
On December 8, 2021, the U.S. House of Representatives passed a bill called the Uyghur Forced Labor Prevention Act (with a 428-1 vote) that bans the importation of goods produced using forced labor by Uyghers and other minority Muslim populations in the Xinjiang Autonomous Region of China. A similar measure has already passed in the
CBP Issues Forced Labor Withhold Release Orders on Malaysian Gloves and Mexican Tomatoes
On October 20 and October 21, 2021, U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) against disposable gloves from Malaysian company Supermax Corporation BHD and its three wholly owned subsidiaries as well as a separate WRO against tomatoes produced by Mexican farms Agropecuarios Tom S.A. de C.V., Horticola S.A de C.V.,
Customs and Border Protection Publishes Trade Statistics Showing Increase in Enforcement Actions and Forced Labor Detentions
On August 26, 2021, U.S. Customs and Border Protection (CBP) announced that for FY 2021 between October 1, 2020 and August 6, 2021, the agency had detained approximately $368 million ($367,743,052) worth of cargo in relation to forced labor by issuing Withhold Release Orders (WROs). As noted by the agency’s trade statistics, this represented
Federal Emergency Management Agency (FEMA) Announces Expiration of its Export Allocation Rule on Medical Supplies and Equipment for Covid-19
On July 1, 2021, the Federal Emergency Management Agency (FEMA) announced the expiration of its Temporary Final Rule (TFR) allocating certain health and medical resources for domestic use. The TFR – originally issued on April 10, 2020 and reissued for a second time on December 31, 2020 – prohibited surgical N95 filter facepiece respirators, personal
CBP Issues Withhold Release Order (WRO) on Certain Silica-Based Products from Xinjiang, PRC
On June 24, 2021, U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) against Hoshine Silicon Industry Co. Ltd. – a silica manufacturing company located in China’s Xinjiang Uyghur Autonomous Region (XUAR) – and its subsidiaries on the basis of forced labor in the entity’s manufacturing practices. The WRO instructs CBP personnel
CBP Publishes FAQ Responses to Xinjiang Uyghur Autonomous Region WRO
In light of increased U.S. actions and rising global concerns over reports of forced labor in Xinjiang, U.S. Customs and Border Protection (CBP) has issued the following Q&A responses:
General
- What is the scope of the Xinjiang Uyghur Autonomous Region (XUAR) Withhold Release Order (WRO)?
- Can imported goods within the scope of the WRO be