Since the inception of the Uyghur Forced Labor Prevention Act (UFLPA), importers globally have started to become acutely aware of potential forced labor risks hidden beneath intricate supply chains....more
7/25/2024
/ China ,
Corporate Counsel ,
Court of International Trade ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement ,
Forced Labor ,
Goods or Services ,
Importers ,
Manufacturers ,
NGOs ,
Popular ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Welcome to the June 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
6/18/2024
/ Anti-Dumping Duty ,
Automotive Industry ,
CFIUS ,
Countervailing Duties ,
Customs and Border Protection ,
De Minimis Claims ,
Department of Homeland Security (DHS) ,
Enforcement ,
Forced Labor ,
Globally Harmonized System ,
Supply Chain ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
In an unprecedented, but anticipated, move last Friday, the US Department of Homeland Security (DHS) expanded the Uyghur Forced Labor Prevention Act (UFLPA) Entity List with the addition of 26 new Chinese textile companies in...more
Mining companies operate in many countries where the risks related to the presence in the supply chain of forced and child labor tend to be high.
If these companies also carry on certain business activities in Canada...more
5/15/2024
/ Canada ,
Child Labor ,
Compliance ,
Deadlines ,
Due Diligence ,
Forced Labor ,
Mining ,
Penalties ,
Policies and Procedures ,
Reporting Requirements ,
Supply Chain
Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
4/12/2024
/ Anti-Dumping Duty ,
Child Labor ,
Clinical Trials ,
Countervailing Duties ,
Customs ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Due Process ,
Final Rules ,
Forced Labor ,
Ford Motor ,
Human Rights ,
Imports ,
NGOs ,
Settlement ,
Supply Chain ,
Textiles ,
Trade Relations ,
Transparency ,
US Enforce and Protect Act (EAPA) ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Valuation
Welcome to the first issue of “As the (Customs and Trade) World Turns,” our new monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
3/19/2024
/ Anti-Dumping Duty ,
Biden Administration ,
China ,
Connected Cars ,
Countervailing Duties ,
Customs and Border Protection ,
De Minimis Claims ,
Electric Vehicles ,
Enforcement Actions ,
Forced Labor ,
Imports ,
International Trade ,
Investigations ,
Manufacturers ,
Mexico ,
Solar Panels ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Uyghur Forced Labor Prevention Act (UFLPA)
In the last few years, changes to the United States enforcement stance on the forced labor import ban authorized by 19 U.S.C. § 1307 and passage of the Uyghur Forced Labor Prevention Act (UFLPA) have fundamentally changed the...more
3/7/2024
/ CAATSA ,
Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Imports ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Proposed Legislation ,
Regulatory Oversight ,
Retaliation ,
Supply Chain ,
Trade Bans ,
Trade Retaliation ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Recent measures demonstrate that the United States has maintained its commitment to enforcing the Uyghur Forced Labor Prevention Act (UFLPA).
Specifically, the Forced Labor Enforcement Task Force (FLETF) recently added...more
12/19/2023
/ Congressional Oversight ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement ,
EU ,
Forced Labor ,
NGOs ,
Popular ,
SDN List ,
Solar Energy ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Several recent US governmental regulatory actions intended to combat forced labor serve as a reminder to government contractors and importers of their need to conduct appropriate “know your supplier” due diligence to identify...more
8/9/2023
/ Certifications ,
Code of Conduct ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
DFARS ,
Due Diligence ,
Exports ,
Federal Contractors ,
Forced Labor ,
Importers ,
Interim Rule ,
NDAA ,
NGOs ,
Remediation ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Act aims to hold fashion retail sellers and manufacturers accountable for their social and environmental impacts through broad supply chain due diligence and public reporting requirements. The fashion industry recognizes...more
This law requires many companies that do business in Canada to provide public annual reports on their efforts to eliminate the use of forced labor in their supply chains. Our summary of Canada’s legislation, including the...more
In 2020, leaders of Canada, the United States, and Mexico signed the United States Mexico Canada Agreement (USMCA) which, for the first time in a US free trade agreement, includes a ban on imports of products produced using...more
CBP Tech Expo Confirms No Existing “Silver Bullet” Technology and CBP Dashboard Reveals Every Industry Is Subject To Forced Labor Detentions -
On March 14-15, 2023, at US Customs and Border Protection’s (CBP) Forced Labor...more
US Customs and Border Protection (CBP) recently implemented mandatory forced labor requirements to participate in the Customs Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance programs.
The previously...more
11/23/2022
/ Code of Conduct ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
NAM ,
Penalties ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
As detailed in our previous alerts, the Section 301 statute (19 USC § 2417), includes a “termination provision” stating that the Section 301 tariffs will terminate after a period of 4 years, unless a representative of the...more
US Customs and Border Protection (CBP) UFLPA Operational Guidance for Importers (CBP Guidance) was published on June 13, 2022 to assist importers in preparing for the UFLPA rebuttable presumption that goes into effect on June...more
On January 24, 2022, The US Department of Homeland Security (DHS), on behalf of the Forced Labor Task Force (Task Force), published a Federal Register Notice to request public comments regarding the implementation of the...more
The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony Lupo speaks with Consumer Products and Fashion & Retail Partner Angela Santos to discuss how companies can reduce import duties and prevent...more
In this installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen, Partner Angela Santos, and Associate Christine Hintze discuss the impact of US Customs' crackdown on...more
Brands Must Ensure Forced Labor is Not Used and Environmental Claims are Accurate -
In response to consumer demand, the fashion industry has embraced Environmental, Social, Governance (ESG) sourcing, including...more
11/5/2021
/ Child Labor ,
Corporate Social Responsibility ,
Customs and Border Protection ,
Environmental Social & Governance (ESG) ,
Fashion Branding ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Forced Labor ,
Goods or Services ,
Green Guides ,
Human Rights ,
Human Trafficking ,
Imports ,
Product Labels ,
Risk Mitigation ,
Slavery ,
Supply Chain ,
Sustainable Business Practices
CBP Adds Second Forced Labor Investigations Branch and DHS Publishes Timeline for Actions -
Importers should be prepared for increased forced labor actions (including new Withhold Release Orders and product import bans)...more
10/1/2021
/ Africa ,
Child Labor ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Due Diligence ,
Forced Labor ,
Importers ,
Latin America ,
Middle East ,
Supply Chain ,
Withhold Release Orders (WROs)
In the latest WorldSmart podcast, International Co-Chairs Hunter Carter and Malcolm McNeil sit down with Customs & Import Compliance Partner Angela Santos to discuss the global forced labor problem, how forced labor can...more
Senate passage of the Uyghur Forced Labor Prevention Act, issuance of the updated Xinjiang Supply Chain Business Advisory, and other recent government action may indicate that all products produced in whole or part in XUAR...more
Forced Labor Enforcement Continues to Escalate as Commerce Restricts Exports to 5 Additional PRC Companies -
Withhold release order was issued that will prohibit imports of products produced in whole or part from silica...more
6/28/2021
/ Biden Administration ,
Child Labor ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
US State Departments ,
Withhold Release Orders (WROs)