Import and Customs

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Last week, the United States government imposed additional restrictions on the imports from, and exports to, Russia. The import changes stem from the Suspending Normal Trade Relations with Russia and Belarus Act, signed into law by President Biden, that increase the duties for products that claim Russia or Belarus as their country of origin. In terms of exports, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a press release last Saturday announcing further controls on the export and reexport of U.S.-origin and certain foreign-produced commodities, software, and technologies to Russia and Belarus by amending the Export Administration Regulations (EAR). The expanded rule is currently under public inspection in the Federal Register and will be published tomorrow.
Continue Reading Additional Import and Export Restrictions in Response to Russia’s Aggression in Ukraine

Today, in a rare demonstration of bipartisanship, the U.S. Senate passed the Uyghur Forced Labor Prevention Act (the “Act”) – the text of which was a compromise between Senator Marco Rubio (R-Fla.) and Representative Jim McGovern (D-Mass.) – which had already passed the house on Tuesday of this week. Over the years, including most recently in February 2021 (see our post here), we’ve seen different attempts from both chambers to pass legislation prohibiting the imports of goods from Xinjiang or the Xinjiang Uygur Autonomous Region (“XUAR”) – a region in China where, per the U.S. Department of Labor and media reporting, the Chinese government has detained and persecuted more than one million Uyghurs and other Muslim minorities. President Biden has signaled that he will sign this bill into law.
Continue Reading The Uyghur Forced Labor Prevention Act: Congress Finally Takes Action

If your company is like many, your board of directors may be demanding that you put more effort into environmental, social, and governance issues, which have become known by the now-ubiquitous acronym “ESG.” Those demands don’t come from nowhere: consumers are demanding transparency and social responsibility. In particular, if your company does business internationally, regulators are focused on international social justice issues (such as the use of forced labor) more than ever.
Continue Reading Does Your Trade Policy Support Your Company’s Values?

Today, the United States Trade Representative issued a notice informing the importing community about a new Section 301 exclusion process and seeking comments from affected importers. The comment period begins on October 12, 2021, and ends on December 1, 2021.
Continue Reading Exclusions 2.0. The USTR Announces a New Section 301 Exclusion Process for Chinese Products

Companies are putting forth more effort, thought, commitment, and resources into environmental, social, and corporate governance (ESG) considerations across their business lines. The focus of ESG has primarily centered around climate change and sustainability, but the “S” in ESG is becoming increasingly important to consumers and other stakeholders. As global corporate citizens become more vocal about asserting their identity and values, it is critical to think about how their global trade and compliance policies and supply chains reflect those values. Issues like forced labor in the supply chain, third party diligence, and how to build an ethical culture are part and parcel of a strong compliance program. But these issues also present opportunities for companies to reflect their values in a fundamental way and speak to what consumers are demanding with their dollars.
Continue Reading ESG, Global Trade, and Forced Labor: Aligning Compliance with Company Values

This is the second of three articles on the Solar Industry and Forced Labor. Here we focus on interactions with solar module suppliers. Our first article in the series focused on regulations in this area, and our next will focus on investors and their requirements.
Continue Reading Clean Energy’s Messy Problem II: The Solar Industry, I͟t͟s͟ S͟u͟p͟p͟l͟i͟e͟r͟s, and the Complex Task of Combatting Forced Labor

This is the first of three articles on the Solar Industry and Forced Labor. Here we focus on regulation. Articles in the coming weeks will focus on issues facing importers and their suppliers, and on investors and their requirements.
Continue Reading Clean Energy’s Messy Problem: The Solar Industry, the U.S. Government, and the Complex Task of Combatting Forced Labor

  • U.S. Customs halts the import of silica-based products from made by Hoshine Silicon Industry Co. because the products are suspected of being produced using forced labor.
  • For future imports of solar energy equipment sourced from Xinjiang, China, the United States may use Withhold Release Orders (WROs) to block entry into the United States if there is reasonable suspicion of forced labor in the supply chain.
  • The renewables industry is working together and with regulators to find ways to certify its supply chains are free of forced labor.

Continue Reading Anti-Forced Labor Measures Turn Up the Heat on Chinese Solar Equipment Suppliers

On January 19, 2021, the U.S. Department of Commerce (“DOC”) issued an interim final rule governing transactions in Information and Communication Technology or Services (“ICTS”) involving “foreign adversaries.” Although the rule takes effect on March 22, 2021, it allows DOC to review covered transactions initiated, pending, or completed on or after January 19, 2021.
Continue Reading Friend or Foe? The DOC Issues New Interim Rule on Transactions Involving Information and Communication Technology or Services (“ICTS”) and Foreign Adversaries