NCTO Urges DHS to Do More Isotopic Testing for UFLPA
Rep. Jennifer Wexton, D-Va., called on DHS to do more isotopic testing for enforcement of the Uyghur Forced Labor Prevention Act. The plea for more isotopic testing, which came in a Nov. 29 letter, is in response to a Reuters report finding that of 86 samples tested from December 2022 to May, 15% tested positive for Xinjiang cotton (see 2309010038).
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The tests were done in three batches of apparel and footwear and cost $1.3 million, Wexton said. This information led her to believe that isotopic testing is being "underused as well as inefficiently targeted."
"CBP’s toolbox of technologies like isotopic testing has been funded and should play a substantial, integral part of a proactive UFLPA enforcement regime," Wexton said. "At the same time, the Department should engage with multiple testing vendors to boost testing capacity and drive cost savings, maximizing available appropriations."
Wexton asked why isotopic testing was used only 86 times through May 2023, and why the expense is so big "relative to the small number of tests performed." She also wanted to know what process CBP used to select the current company contracted to do isotopic testing.
Wexton asked whether CBP conducted "market analysis" to be sure that it was engaging "the most competitive provider" of isotopic testing and how rates elsewhere compare. She also wanted to know how many DHS investigations agents and CBP import specialists had been trained on isotopic testing.
She asked CBP to provide her with the information that was redacted in CBP's response to the Reuters Freedom of Information Act request that led to the report, and requested that DHS conduct "an extensive review of how isotopic testing has been utilized and how it can be deployed in a more comprehensive manner." Wexton said DHS should share the findings of the review as well as answer her questions within 30 days.
"With the clear benefits provided by isotopic testing, it would comport well for DHS to significantly scale up its use of this tool in its UFLPA enforcement plan for the next six months as a test program," Wexton said. "I appreciate the challenges associated with this responsibility and stand ready to ensure that DHS can make measurable progress toward achieving the goals of the UFLPA."
Following the letter, the National Council of Textile Organizations also urged DHS to increase its isotopic testing and the number of contracted labs the agency uses for enforcement.
NCTO, in an emailed news release Nov. 30, said the Reuters report showed that products from Xinjiang are still "bleeding into the U.S. market unchecked." The organization also said that the article shows the "weaknesses of our government’s efforts to enforce the law."
NCTO said it was "imperative" that CBP step up its enforcement efforts and "significantly increase" isotopic testing and the amount of contracted labs used.
If DHS does not act quickly, the manufacturing sector will "be further devastated as factories shutter and job losses mount, while China continues to exploit the government’s ineffective enforcement and reap the rewards of its predatory trade practices," the NCTO said.
A DHS spokesperson declined comment, saying the agency would respond directly to Wexton's letter "via official channels."