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Forced Labor

CBP is the primary U.S. agency tasked with combating forced labor in international trade. It is the only agency with legal authority to take enforcement action and prevent entry into domestic commerce of goods produced with forced labor. CBP combats forced labor by issuing Withhold Release Orders (WROs) and Findings, and enforcement of the Uyghur Forced Labor Prevention Act (UFLPA), and Countering America’s Adversaries Through Sanctions Act (CAATSA). Goods subject to WROs and Findings, UFLPA, and CAATSA status cannot be entered at any ports of the U.S. 

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Updated ACE Agency Tariff Code AQX Now Available for APHIS
September 8, 2023 by Noah Garfinkel|Customs

Updated ACE Agency Tariff Code AQX is now available for the USDA's Animal and Plant Health Inspection Service, CBP said in a CSMS message Sept. 8. The flag is available in the certification environment. Starting Sept. 11, the AQX code will begin to be assigned to HTS codes in the production environment, the message said. The flag for this entry will be given a "warning" severity, meaning that you can still file a new entry even if there is no disclaim code related to the flag. Disclaim codes A and B will be usable with the AQX flag, the message said. Filers who submit an entry with HTS flagged AQX without APHIS data or a disclaim will receive the following message: PU2 – DATA MSNG ON HTS – NO ACTN RQD AQX. Questions about the APHIS Core Message Set filing can be sent to ace.itds@usda.gov or addressed by the APHIS help desk at 1-833-481-2102 or the APHIS website.

Topics:Animal and Plant Health Inspection Service (APHIS)
Solar Industry Developing Strategies to 'Navigate' UFLPA Uncertainty, Law Firm Says
September 7, 2023 by Noah Garfinkel|Trade Business

While the Uyghur Forced Labor Prevention Act and other factors have led to uncertainty and a "more complex risk environment" for imports, some companies have found strategies to "effectively navigate" this environment, law firm Bradley said in a new blog post. Some of those strategies included being "proactive" in engaging their original equipment manufacturers (OEMs), in developing "internal protocols" to monitor their supply chains, in incorporating "traceability audits," in finding "backup sourcing" and in shifting risk of "non-performance" to "downstream parties" or OEMs, Bradley said.

Topics:Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor
Emissions Rule at Ports of LA/LB Needed to Avoid Harsher Regulation, Air Quality District Says
September 6, 2023 by Noah Garfinkel|Ports

A potential Indirect Source Rule that the South Coast Air Quality Management District is considering, which would affect the ports of Los Angeles and Long Beach, is necessary to avoid greater disruption from federal action should port emissions remain unaddressed, the district said in an email Sept. 1. It also said it is working with stakeholders to "come up with a proposed regulation that is feasible and can improve air quality without impacting cargo flows."

FDA Releases Final Guidances on Drug Supply Chain Law, Including Interoperability Rules
September 6, 2023 by Noah Garfinkel|FDA

FDA recently finalized three guidance documents related to the Drug Supply Chain Security Act. A final guidance titled "DSCSA Standards for the Interoperable Exchange of Information for Tracing of Certain Human, Finished, Prescription Drugs" identifies the standards that will be used beginning Nov. 27, 2023, when "electronic-based approaches are generally required to be used among all trading partners to meet the enhanced drug distribution security requirements" of DSCSA. Another final guidance focuses on “Enhanced Drug Distribution Security" at the package level under the DSCSA and clarifies the "enhanced drug distribution security requirements" listed under the new law. Finally, another final guidance recently released by the agency covers the "Wholesale Distributor Verification Requirement" for saleable returned drug products and the "Dispenser Verification Requirements" when investigating a suspect or illegitimate product. The new guidance extends the FDA's current enforcement policies by a year to Nov. 27, 2024.