WEBVTT 00:00:39.609 --> 00:00:49.540 >> Good afternoon today slip webinars on forced labor 101 please bear in mind 00:00:49.880 --> 00:00:55.010 you'll be on mute during the presentation so therefore we ask you to submit any 00:00:55.010 --> 00:00:57.500 questions you have in the chat feature. 00:00:57.860 --> 00:01:00.162 Now I'd like to pass it over 00:01:00.187 --> 00:01:05.284 to branch chief of partner engagement branch Gregory Newton. 00:01:13.670 --> 00:01:15.016 >> Good afternoon 00:01:15.040 --> 00:01:18.400 thank you for the introduction. Welcome to the webinar that we are going to host 00:01:18.400 --> 00:01:22.076 today. As stated before, my name is Gregory Newton. 00:01:22.100 --> 00:01:26.086 I'm the branch chief within the fourth labor division in the partner's engagement 00:01:26.110 --> 00:01:29.946 branch. We have some additions to our branch. 00:01:29.970 --> 00:01:33.650 I'd like to go over the branch, the actual division, so I would like to go over 00:01:33.960 --> 00:01:38.830 positions that we have now, that we have grown since many of you have interacted 00:01:38.830 --> 00:01:41.356 with the business. 00:01:41.380 --> 00:01:45.960 We are going to have the acting DSE be Maia. 00:01:46.830 --> 00:01:53.430 We'll have an acting director which is Brian Rivette, investigations Jason, 00:01:54.490 --> 00:01:58.280 another assistant director of operations will be Sasha McNichol. 00:01:58.720 --> 00:02:02.779 We have a senior advisor who is also on the line as well 00:02:02.804 --> 00:02:06.025 and we appreciate her attendance. 00:02:06.050 --> 00:02:11.014 We have the branch chief broken up into two sections of the investigations. 00:02:13.750 --> 00:02:19.980 We have Maria Navarro investigations West. 00:02:20.550 --> 00:02:24.126 Tricia Trent who is in enforcement and compliance. 00:02:24.150 --> 00:02:29.290 And to make up the operations, myself, Gregory Newton, grantee for partner 00:02:29.290 --> 00:02:34.020 engagements we have Katie Woodson who is planning and administration. 00:02:34.530 --> 00:02:43.516 And then we also have Sarah Mair and Maren Kelp who is internal education and 00:02:43.540 --> 00:02:47.456 procedure. So that's the breakdown for our division. 00:02:47.480 --> 00:02:52.200 Like I said, it probably has grown since the last time we've spoken. 00:02:53.370 --> 00:02:56.500 We are glad to be here for DHS. 00:02:57.090 --> 00:03:00.745 National human trafficking prevention. This 00:03:00.770 --> 00:03:04.400 initiative has taken place in January 2010. 00:03:04.425 --> 00:03:08.654 Which focuses on raising awareness and educating the public on human trafficking. 00:03:09.220 --> 00:03:12.676 And how we can work together to end the terrible practice. 00:03:12.700 --> 00:03:16.656 The individuals who live through this experience of human trafficking are 00:03:16.680 --> 00:03:20.770 high-risk and other forms of injustices like forced labor. 00:03:21.370 --> 00:03:24.850 Which as you know is an important part of this portfolio. 00:03:25.610 --> 00:03:31.010 One of the many forced labor division's priorities is to educate the public on the 00:03:31.010 --> 00:03:33.510 important work we do to combat forced labor. 00:03:33.890 --> 00:03:35.285 This is demonstrated today 00:03:35.310 --> 00:03:37.724 as we collaborate with colleagues it's OCR. 00:03:38.370 --> 00:03:40.960 Webinars like these are hoping to increase 00:03:41.710 --> 00:03:47.090 the awareness that magnifying a force meets both applying our efforts. 00:03:49.430 --> 00:03:54.120 Lastly, I want to emphasize it will determine not just to determine the forced 00:03:54.120 --> 00:03:59.460 labor preventing the United States but everything within our authority to stop 00:03:59.460 --> 00:04:04.686 them from being made in the first place. So with that, we can go right to the 00:04:04.710 --> 00:04:08.190 presentation. So see if you can pull it up. 00:04:23.160 --> 00:04:33.680 To get to the next slide. So forced labor is an abuse of fundamental human rights. 00:04:34.400 --> 00:04:36.390 Men, women and children around the world. 00:04:37.160 --> 00:04:42.260 The National Labor Organization estimates 27.6 million people 00:04:42.580 --> 00:04:52.390 are trapped in forced labor globally. 00:04:53.260 --> 00:05:00.986 Asia and Pacific is about 15.1 million Europe and Central Asia 4.1 Africa 3.8. 00:05:01.010 --> 00:05:06.920 The Americas 3.6 million in the Arab states about 0.9 million. 00:05:07.550 --> 00:05:08.640 Next slide please. 00:05:42.400 --> 00:05:44.251 Slide three if you can get there. 00:05:52.240 --> 00:05:54.930 Looks like we might be having some technical difficulties but this slide 00:05:54.930 --> 00:06:02.750 shows our legislation so US law prohibits importing goods mined, produced, or 00:06:02.750 --> 00:06:08.616 manufactured wholly in part in any foreign country like conflict labor, forced labor 00:06:08.640 --> 00:06:11.190 or indentured labor under penal sections. 00:06:12.770 --> 00:06:15.540 Indentured type child labor. 00:06:15.940 --> 00:06:22.656 As described by the 19 USC 14 oh seven forced labor to suck described as all work 00:06:22.680 --> 00:06:28.020 and service which is expected from any person under the menace or any penalty for 00:06:28.020 --> 00:06:29.260 its nonperformance. 00:06:29.970 --> 00:06:33.306 And for which the workers do not offer themselves 00:06:33.330 --> 00:06:41.750 voluntarily. So was echoed into law in February 2015 in customs and trade 00:06:41.750 --> 00:06:46.180 enforcement authorities. Including the section three oh seven forced labor 00:06:46.180 --> 00:06:54.106 prohibition. It led to the establishment in 2018 of a dedicated team within CBP's 00:06:54.130 --> 00:06:59.366 office of trade to investigate and focus on enforcement of these forced labor 00:06:59.390 --> 00:07:09.070 violations. The 2017 counsel Americans adversaries through sanctions act 00:07:10.020 --> 00:07:13.590 imposed sanctions on Iran Russia and North Korea. 00:07:14.990 --> 00:07:24.600 Tax titled 321B created a rebuttable presumption of goods made or 00:07:24.600 --> 00:07:29.776 mined wholly in part by North Korean nationals or North Korean citizens 00:07:29.800 --> 00:07:35.027 anywhere in the world are forced labor goods 00:07:35.052 --> 00:07:39.814 prohibited under the tariff act of 1930. 00:07:40.560 --> 00:07:45.580 These are not entitled entries at any port in the United States and may be 00:07:45.580 --> 00:07:51.210 subject to detention, seizure, and forfeiture. 00:07:55.390 --> 00:08:03.000 The fourth present invention act was signed into law December 23rd 21 and 00:08:03.000 --> 00:08:07.520 implemented on June 21st, 2022. 00:08:09.180 --> 00:08:14.370 The Uighur prevention act prevents CDT's forced labor enforcement authorities and 00:08:14.370 --> 00:08:20.020 establishes a rebuttable presumption of all goods made or mined wholly or in part 00:08:20.520 --> 00:08:23.270 in the Uighur autonomous region St. 00:08:23.270 --> 00:08:29.080 John of the People's Republic of China whereby entities identified by the US 00:08:29.080 --> 00:08:34.300 government and the entities listed are prohibited from entry into the United 00:08:34.300 --> 00:08:40.290 States. And may be subject to detention or exclusion seizure and forfeiture. 00:08:41.040 --> 00:08:45.150 We will discuss more in depth later in the presentation. 00:08:45.520 --> 00:08:52.010 Caps on and -- gives CBP the authority to determine exceptions to the rebuttable 00:08:52.010 --> 00:08:56.530 presumption are clear and convincing evidence is provided to CBP. 00:08:59.990 --> 00:09:10.176 Slide please. CDG evaluates forced labor each 00:09:10.200 --> 00:09:14.736 out allocation L allegation to the 11 operational indicators of forced labor 00:09:14.760 --> 00:09:18.370 outlined by the international labor organization. 00:09:20.500 --> 00:09:26.420 According to the ILO these indicators are intended to help frontline law enforcement 00:09:26.420 --> 00:09:32.230 officials, labor inspectors, trade union officers, and he'll workers, and others to 00:09:32.230 --> 00:09:36.960 identify persons or possibly try and force labor situations. 00:09:37.610 --> 00:09:43.216 Indicators represent the most common signs or point to the possible existence of a 00:09:43.240 --> 00:09:44.580 forced labor case. 00:09:45.230 --> 00:09:49.620 These indicators are based upon the definition of forced labor, specialized in 00:09:49.620 --> 00:09:53.800 the ILO forced labor convention of 1930. 00:09:56.740 --> 00:10:02.920 All work or service which is exacted from any person under the menace of any penalty 00:10:02.920 --> 00:10:05.619 in and for with that said person which that said 00:10:05.644 --> 00:10:08.043 person has not offered himself voluntarily. 00:10:08.068 --> 00:10:12.304 The definition is very similar to the definition of forced labor in US law. 00:10:14.460 --> 00:10:15.250 Next slide please. 00:10:21.680 --> 00:10:24.479 We will go over that regular forced labor force 00:10:24.504 --> 00:10:26.986 enforcement problem for WRI was processed. 00:10:27.010 --> 00:10:32.366 CBP and forced labor is by a specific entity in the supply chain. 00:10:32.390 --> 00:10:35.366 This may also be self initiated by the officer. 00:10:35.390 --> 00:10:41.640 The allegation meets our basic criteria for further investigation CBP will 00:10:41.640 --> 00:10:44.730 continue to evaluate and process investigations. 00:10:45.200 --> 00:10:49.720 And submit a recommendation for action to the delegated approving official. 00:10:50.530 --> 00:10:56.460 If approved by the commissioner, or the delegated official, the executive 00:10:56.460 --> 00:11:05.200 assistant of OT all US ports of entry will begin to implement the enforcement action. 00:11:05.200 --> 00:11:08.610 The merchandise subject to WRO will be detained 00:11:08.610 --> 00:11:11.190 until a decision is made on admissibility. 00:11:11.900 --> 00:11:15.540 For WRI and WROA detention importers may export the shipment within 00:11:15.540 --> 00:11:20.730 three months of importation or submit evidence showing that the merchandise was 00:11:20.730 --> 00:11:29.640 not produced using forced labor. These time frames of WRO have 30 days. 00:11:29.640 --> 00:11:34.576 From the date of detention to submit evidence if they wish to contest 00:11:34.600 --> 00:11:36.400 applicability or exception. 00:11:36.930 --> 00:11:41.880 Importers must also import the goods on the subject to seizure. 00:11:48.700 --> 00:11:53.230 So the details on the WRO process as well. Important is you may request to store the 00:11:53.230 --> 00:11:59.470 shipment and approved CBP well house while waiting for expectation or a decision. 00:12:00.010 --> 00:12:04.200 Importers must also request to have CBP manipulate the shipment to release any 00:12:04.200 --> 00:12:10.506 goods that are not within the scope of the WRO. Or the subject suspect goods sorry 00:12:10.530 --> 00:12:15.570 remain in detention until an admissibility decision is reached. It's important to 00:12:15.570 --> 00:12:21.420 submit evidence to read this shipment within three months but within the three 00:12:21.420 --> 00:12:30.230 month period of the information submitted, or if it is inefficient to admit it CBP 00:12:30.230 --> 00:12:33.230 will exclude the goods. 00:12:35.180 --> 00:12:41.186 60 days to the goods abandoned and take steps to destroy the goods. 00:12:41.210 --> 00:12:47.356 CBP will release merchandise if determined admissible or it will be excluded from 00:12:47.380 --> 00:12:51.820 entries. The finance goes through a similar process of the WRO during 00:12:52.590 --> 00:12:56.560 investigation but the approval process differs from WRI was. 00:12:56.970 --> 00:13:03.206 Findings require approval of the Secretary of Homeland security and the notice 00:13:03.230 --> 00:13:08.146 published in the Federal Register. Findings enforcement actions will go to 00:13:08.170 --> 00:13:13.620 seizure of the merchandise so importers may not export merchandise like they can 00:13:13.620 --> 00:13:18.500 with detained goods under the WRO. Could seize under a finding will go to the 00:13:18.500 --> 00:13:31.230 normal forfeiture process. next slide please. 00:13:33.260 --> 00:13:40.270 W R O some WRO's may target a reasonable depending on the scope 00:13:43.730 --> 00:13:51.560 this includes violations of forced labor so at this time I'll 00:13:54.460 --> 00:13:59.980 be turning over to my colleague to take the rest of the presentation. 00:14:05.170 --> 00:14:14.180 >> Hi everyone my name is June and I'm an international officer of trade with forced 00:14:14.180 --> 00:14:18.390 labor division can you go to the next slide please? 00:14:22.590 --> 00:14:32.230 So this shows the current active WRO and findings CBP currently enforces 55 active 00:14:32.550 --> 00:14:41.316 WRO's and nine findings in fiscal year 2022 CDT targeted 600 thousand entries 00:14:41.340 --> 00:14:48.810 that rent 861 million dollars based on the submission that they were made wholly or 00:14:48.810 --> 00:14:50.480 in part with forced labor. 00:14:51.280 --> 00:15:01.240 CBP has modified 11 WRO's and one finding since 2019 CBP's most recent War 00:15:01.240 --> 00:15:06.586 was against sugar produced by Central Romana in the Dominican Republic on 00:15:06.610 --> 00:15:09.520 November 23rd 2022. 00:15:10.280 --> 00:15:19.836 Next slide please. So when a specific entity is subject to a WRO 00:15:19.860 --> 00:15:28.320 or finding, the entity has the opportunity to petition CBP for a modification of the 00:15:28.830 --> 00:15:36.196 WRO finding. The entity must demonstrate that they have remediated in forced labor 00:15:36.220 --> 00:15:41.710 that led to the enforcement action. The entity must submit supporting 00:15:41.710 --> 00:15:48.490 documentation and information to CBP demonstrating how it is remediating the 00:15:48.490 --> 00:15:53.686 forced labor. If the evidence is sufficient, CBP can suspend its 00:15:53.710 --> 00:15:56.080 enforcement of the WRO finding. 00:15:59.690 --> 00:16:04.260 Allowing again the entry of merchandise which is the US commerce from that 00:16:04.260 --> 00:16:05.570 specific entity. 00:16:07.050 --> 00:16:08.290 Next slide please. 00:16:14.430 --> 00:16:20.270 Companies can refer to CBP and the US Department of labor website for more 00:16:20.270 --> 00:16:25.840 services on social compliance systems that address first labor risk players have a 00:16:25.840 --> 00:16:32.010 response ability to comply with laws and can procedure. 00:16:32.930 --> 00:16:38.720 Anyone looking for more information on this can go on CBP and the Department of 00:16:38.720 --> 00:16:42.470 Labor's website. Next slide please. 00:16:46.270 --> 00:16:51.360 So now are going to go more in depth into the Uighur forced labor prevention act 00:16:52.150 --> 00:17:01.846 that was signed into June 21st 00:17:01.870 --> 00:17:05.791 2020. Next slide please. 00:17:18.172 --> 00:17:21.855 of the People's Republic of China will be provoked, 00:17:21.880 --> 00:17:26.110 presumed to be tainted with forced labor and therefore be considered inadmissible 00:17:26.110 --> 00:17:28.060 from entry to US commerce. 00:17:28.790 --> 00:17:38.210 Next slide please. Can you tap it one more time? 00:17:42.010 --> 00:17:51.710 So the forced labor enforcement task force was established under the US United 00:17:51.710 --> 00:17:59.300 States Mexico Canada implementation US MCA to monitor US enforcement of the 00:17:59.300 --> 00:18:02.890 prohibition on importing goods made with forced labor. 00:18:03.580 --> 00:18:12.266 Executive Order 13193 named the Secretary of Homeland security of the chair and 00:18:12.290 --> 00:18:18.880 named specific members and observers to the group CBP is an observer. 00:18:23.900 --> 00:18:28.966 On January 11th, 2022, the Secretary of Homeland security delegated the role of 00:18:28.990 --> 00:18:32.700 care to the under Secretary undersecretary for policy. 00:18:33.320 --> 00:18:38.310 The group holds quarterly principal meetings and regular staff meetings as 00:18:39.720 --> 00:18:47.526 needed. Led by DHS is in charge of the US LPA entity list and any nominations who 00:18:47.550 --> 00:18:52.900 add or remove entities to the list are set forth in the process described in the 00:18:52.900 --> 00:18:56.110 Federal Register. Next slide please. 00:19:01.420 --> 00:19:06.770 So DHS on behalf of left is a Federal Register notice on publication and 00:19:06.770 --> 00:19:13.070 availability of the US LPA entity list as of June 17, 2022. 00:19:14.360 --> 00:19:21.900 The US LPA entity list is a consolidated register of the four lists required to be 00:19:21.900 --> 00:19:27.540 developed and made pursuant to the Uighur forced labor prevention act. 00:19:27.880 --> 00:19:29.790 And it is available online. 00:19:31.470 --> 00:19:38.640 The criteria as you can see on the slide include location, later transfer 00:19:43.280 --> 00:19:47.996 and poverty alleviation programs, caring assistant program or any other government 00:19:48.020 --> 00:19:55.200 labor scheme using forced labor in connection to Shane John. Future revisions 00:19:55.200 --> 00:20:03.510 to the US PLA which may include additions, removal or technical corrections will be 00:20:03.510 --> 00:20:04.790 published online. 00:20:05.360 --> 00:20:09.530 And on future registry notice. Next slide please. 00:20:14.590 --> 00:20:17.770 These are CBP's authorities and requirements CBP's authorities and 00:20:17.770 --> 00:20:26.390 requirements for US LPA CBP is tasked with enforcing the US LPA and it created a test 00:20:26.790 --> 00:20:30.350 prevention force made with forced labor. 00:20:31.070 --> 00:20:38.860 Importers have the option to export their goods or contest CBP because one, the 00:20:38.860 --> 00:20:46.086 goods are not in a supply chain involving change young or anything under the US LPA 00:20:46.110 --> 00:20:51.620 entity list and therefore you have it does not apply to this particular shipment or 00:20:51.620 --> 00:20:57.100 two, if there is a supply chain piece ensuring junk or by entity on the entity 00:20:57.100 --> 00:21:04.520 list, the importer can show the goods were not made with forced labor in 00:21:13.240 --> 00:21:22.670 evidentiary guidance described in the 00:21:23.810 --> 00:21:25.650 US LPA strategy. 00:21:26.070 --> 00:21:31.330 Completely and substantively responding to CBP response for information demonstrates 00:21:31.330 --> 00:21:35.830 clear and convincing evidence that the goods were not mind produced or 00:21:35.830 --> 00:21:38.890 manufactured holy or in part by forced labor. 00:21:40.200 --> 00:21:46.170 The documentation provided shows all stage of the product supply chain including 00:21:46.170 --> 00:21:48.560 mining, production and manufacturing. 00:21:50.110 --> 00:21:54.000 This information is specific to an exception request. 00:21:55.630 --> 00:22:00.266 Much more detailed information can be found on the DHS policy guidance and CBP 00:22:00.290 --> 00:22:06.320 and points guidance which can be found online. Next slide please. 00:22:10.650 --> 00:22:16.620 Here are some differences between US LPA and WRO enforcement as seen on the slide 00:22:16.620 --> 00:22:21.870 time frames different for the detentions as well as the options for importers to 00:22:21.870 --> 00:22:23.300 detained goods. 00:22:24.790 --> 00:22:32.150 Detentions under US LPA are pursuant to CBP's authority to infect expect and 00:22:36.070 --> 00:22:46.046 CBP 19 USC examine 00:22:46.070 --> 00:22:53.400 inappropriate shipments the statutory and regulatory scheme and consistent with 00:22:53.400 --> 00:22:59.796 CBP's treatment with most importations into the US. 00:22:59.820 --> 00:23:05.720 And its US LPA contacts virtually all other imports subject to detention. 00:23:06.560 --> 00:23:15.230 Additionally, CBP's use of 19 USC 1499 in 19 CFR part 1514 detentions pursuant to 00:23:16.830 --> 00:23:22.400 the US LPA is consistent with the only other existing law that requires CBP to 00:23:22.400 --> 00:23:25.290 reply to a rebuttable presumption. 00:23:26.110 --> 00:23:35.746 That is the which also requires CBP to apply the presents to all goods made by 00:23:35.770 --> 00:23:39.700 citizens or nationals in violation of 13 oh seven. 00:23:41.020 --> 00:23:48.466 Next slide please. There are some links to additional resources for information on 00:23:48.490 --> 00:23:57.680 forced labor or US LPA forced labor also has a mailbox for forced labor at CBP that 00:23:57.680 --> 00:24:04.330 USA.gov for general information or questions about WRO findings. 00:24:04.670 --> 00:24:13.340 And then we also have the US LPA inquiry at CBP.DHS.gov that's more for US LPA 00:24:13.340 --> 00:24:15.580 specific questions. 00:24:18.180 --> 00:24:28.116 Next slide please and that is additional links that 00:24:28.140 --> 00:24:30.310 CBP has including our mailbox. 00:24:31.090 --> 00:24:57.766 And that ends the presentation thank you. 00:24:57.790 --> 00:25:05.240 >> I was the director of the forced labor division until recently I was the 00:25:05.240 --> 00:25:08.530 senior special advisor to the forced labor division. 00:25:09.100 --> 00:25:13.570 The acting division director will not be able to be on the call today, but what we 00:25:13.570 --> 00:25:18.816 didn't know is that there are a lot of questions in the chat related to the 00:25:18.840 --> 00:25:27.140 timeline for review for the detained under the US LPA and what the expectations are 00:25:27.140 --> 00:25:31.530 and how long that process is going to take and work in those goods be held. Thuds 00:25:31.530 --> 00:25:36.100 want to jump in and add and try to answer a couple of those questions I can't 00:25:36.100 --> 00:25:41.820 address your individual shipment questions but in general, the timeline for review is 00:25:41.820 --> 00:25:48.650 dependent on several things it depends on the product and the complexity of the 00:25:48.650 --> 00:25:52.620 documentation that is submitted. So if you have a supply chain supply chain that for 00:25:52.620 --> 00:25:57.830 example you is going complicated and are going all the way back to the wall 00:25:57.830 --> 00:26:02.066 material for that supply chain which is required so for example you see that 00:26:02.090 --> 00:26:07.000 frequently in the solar industry where if the push all the way back to Port Said and 00:26:07.000 --> 00:26:11.250 then go to the solar panels that are being imported tends to be a very very long and 00:26:11.250 --> 00:26:15.910 complex supply chain and a similar sort of situation with cotton products for 00:26:15.910 --> 00:26:25.450 example. Once you submit the package to the expertise that is 00:26:25.450 --> 00:26:32.480 responsible for those products, then they will review that package in the order that 00:26:32.480 --> 00:26:34.976 they had received packages from to work on 00:26:35.001 --> 00:26:37.554 the center and how many packages they have. 00:26:38.180 --> 00:26:43.170 Once they get a look at it and determine whether or not the package is 00:26:43.170 --> 00:26:48.710 complete they will reach back to respect you to let you know what additional 00:26:48.710 --> 00:26:50.470 information is required. 00:26:52.410 --> 00:26:57.936 I will point out something to ask you when you're missing documentation for this part 00:26:57.960 --> 00:27:03.100 of the process or it is not clear to us what the relationships are between these 00:27:03.100 --> 00:27:08.080 parties and the supply chains once you get all that clarified in the documentation 00:27:08.080 --> 00:27:10.840 packages are complete then it usually only 00:27:10.840 --> 00:27:13.510 takes the center a few weeks to do that review. 00:27:14.220 --> 00:27:18.380 But that does vary from center to center and supply chain to supply chain. 00:27:18.720 --> 00:27:22.750 The process does get faster once the center is familiar with the supply chain 00:27:22.750 --> 00:27:26.590 and the importer is accustomed to providing the documentation. 00:27:27.050 --> 00:27:32.590 Linda packages tend to be more completely complete from the first submission and as 00:27:32.590 --> 00:27:36.466 you see number four so that the process does beat up. 00:27:36.490 --> 00:27:40.686 It can take anywhere in several weeks to several months and I know a number of you 00:27:40.710 --> 00:27:43.710 know that yes shipment to pay for several months. 00:27:44.620 --> 00:27:49.276 There's a question on how long a month can be detained. The detention. 00:27:49.300 --> 00:27:52.110 It is 30 days. 00:27:52.620 --> 00:27:56.590 However imports tend to request the debt. 00:27:56.590 --> 00:28:04.760 The extension so that they can examine the 30. 00:28:04.760 --> 00:28:10.510 Day does is it triggers the right to protest but if you don't protest the 00:28:10.510 --> 00:28:14.780 detention can discontinue with the packages. 00:28:15.280 --> 00:28:22.290 The context for questions about the packages in the center that is reviewing 00:28:22.290 --> 00:28:30.800 your package. Another question related to this working goods can be held in a 00:28:31.160 --> 00:28:39.020 warehouse or trade zone while they are detained pending the applicability determination. 00:28:39.890 --> 00:28:42.190 I think that's all the questions I've caught up with. 00:28:42.190 --> 00:28:46.940 I can scrub back in to see if there are any additional ones. I do invite my 00:28:46.940 --> 00:28:52.116 colleagues to jump in or to ask questions that I may have missed. 00:28:52.140 --> 00:28:56.866 I've missed quite a few Wellington talks. 00:28:56.890 --> 00:29:02.340 Many of my cup talk colleagues have been monitoring the chat box if you want to ask 00:29:02.340 --> 00:29:07.040 the questions that might speed this up a little bit. 00:29:10.640 --> 00:29:15.176 Can we share additional guidance on the notification for postal codes? 00:29:15.200 --> 00:29:24.790 As intended to assist providers by giving a warning awarding warning you 00:29:24.790 --> 00:29:32.030 to the -- that had been scheduled for implantation but that implantation has now 00:29:32.030 --> 00:29:40.406 been delayed I believe the postcode is going to be limited only to manufacturers 00:29:40.430 --> 00:29:45.030 I'm sorry I don't want to answer the question what to get back to on that. 00:29:45.810 --> 00:29:52.156 I don't have an answer on the top of my head. Participation in CT good question. 00:29:52.180 --> 00:29:59.806 So if you're a CT that is spent and you are afraid of that trade compliance 00:29:59.830 --> 00:30:06.440 partner then when you submit the daily review package you should alert and alert 00:30:06.440 --> 00:30:12.120 dissenters that you are a CT member and you are requesting expedited review and 00:30:12.120 --> 00:30:15.880 review the expedited review for the trade compliance members. 00:30:19.070 --> 00:30:26.046 CT does not exclude you from being targeted under US LPA or WRO. 00:30:26.070 --> 00:30:31.270 Let's see here, what else do we have? 00:30:33.260 --> 00:30:35.430 Question about test results. 00:30:35.980 --> 00:30:45.890 So CBP will consider that we do not endorse any particular testing company 00:30:46.220 --> 00:30:52.270 that is up to you to determine what type of laboratory analysis you might want to 00:30:52.270 --> 00:30:58.580 have done. We will consider the results of the laboratory analysis in the context of 00:30:58.580 --> 00:31:03.636 the total cost of the total package that's considered is not adequate to just submit 00:31:03.660 --> 00:31:11.910 test results. If you're going to submit test results then those need to be we must 00:31:11.910 --> 00:31:15.200 be able to establish that those are those results that apply to the goods that are 00:31:15.200 --> 00:31:16.850 actually under detention. 00:31:17.300 --> 00:31:22.326 Is a bit of a chain of custody issue there be a need to be able to establish that the 00:31:22.350 --> 00:31:26.850 results are provided are associated with the goods that are under detention. 00:31:29.020 --> 00:31:30.400 Let's see here. 00:31:33.530 --> 00:31:43.720 So a good question about the UF PLA and whether 00:31:43.720 --> 00:31:50.886 it applies only to entities that are actually listed or to associated entities. 00:31:50.910 --> 00:31:59.080 So the entity list will specify the party that is on the list and it will say 00:31:59.080 --> 00:32:06.660 whether or not it includes subsidiaries of other companies or other entities related 00:32:06.660 --> 00:32:14.530 entities. I can say this even though an entity that is 00:32:16.980 --> 00:32:21.790 at higher risk even at that party is not named on the list. 00:32:22.270 --> 00:32:29.070 Because of the risk of goods being that other company. 00:32:29.470 --> 00:32:33.790 Is a leading factor to consider in your supply chain if the entity is not 00:32:33.790 --> 00:32:36.980 specifically named on the entity list. 00:32:38.980 --> 00:32:44.450 How many shipments were released based on clear and convincing evidence to date 00:32:44.470 --> 00:32:49.140 we've only received two requests for exceptions both of those are under review 00:32:49.140 --> 00:32:54.500 so they answered that it at this point because most importers have done the 00:32:54.500 --> 00:32:59.836 applicability review route and we've only just received the first exception 00:32:59.860 --> 00:33:08.056 requests. Will the postal code be released? 00:33:08.080 --> 00:33:14.450 No CBP will not be producing a list of Chinese postal got codes or Shing Jong 00:33:14.450 --> 00:33:22.470 postal codes. I see a lot of questions about postal codes. 00:33:22.490 --> 00:33:28.466 My apologies I do not have the absolute latest information on that and I don't 00:33:28.490 --> 00:33:35.836 think my colleague that would have that information is on the line. 00:33:35.860 --> 00:33:40.150 Wife to not be fresh and available on the website regarding the postal code I can 00:33:40.150 --> 00:33:45.370 say that the implantation has been delayed on that. 00:33:46.010 --> 00:33:48.410 Tort is not gone into effect right now. 00:33:49.770 --> 00:33:52.660 The postal code does apply to all of China. 00:33:53.520 --> 00:33:56.359 I want to get into that that's not something I've been handling. 00:33:56.384 --> 00:33:58.085 I don't have the details. 00:33:58.132 --> 00:34:07.030 >> I can break in real quick if you do have questions on 00:34:07.030 --> 00:34:13.370 the postal code situation we have a lot come into our mailbox we would encourage 00:34:13.370 --> 00:34:19.290 you to reach out to the what's called the trade support network at CBP that THS.gov 00:34:20.210 --> 00:34:25.070 they have a working group they are encouraging groups to joining on so we 00:34:25.070 --> 00:34:28.940 encourage you to join that called all the trade support network 00:34:36.500 --> 00:34:43.270 I did just see that one of our college that has been working on the postal code 00:34:43.270 --> 00:34:51.806 is sealed she is on the line but she is not on the panelist section says to get 00:34:51.830 --> 00:34:56.320 him yourself is it possible for Katie Woodson to be unneeded? 00:34:57.470 --> 00:35:06.460 She's in the audience. She's been working with that group. 00:35:09.050 --> 00:35:15.500 If not we will have to get back 00:35:25.150 --> 00:35:35.110 on that. Apologies we should've had her in so that she could participate I am seeing 00:35:35.110 --> 00:35:41.160 some questions about some of the newer targeting related to UF PLA 00:35:46.960 --> 00:35:56.826 we as a dynamic based approach on targeting and from entities on the entity 00:35:56.850 --> 00:36:02.740 list we have continually expand that target to include additional 00:36:06.440 --> 00:36:12.080 company additional foreign producers additional products with focused initially 00:36:12.080 --> 00:36:19.636 on the products that were identified in the US LPA and dislike him to silicon and 00:36:19.660 --> 00:36:28.760 tomatoes and Colin cotton but we have needed added new products so some of the 00:36:28.760 --> 00:36:37.560 more recent ones for example include dates and I'm 00:36:38.790 --> 00:36:41.686 losing my losing my train of thought. 00:36:41.710 --> 00:36:45.470 And some other products so you will see additional products come out these do not 00:36:45.470 --> 00:36:48.130 supplant the earlier targets that it necessarily note necessarily but we do 00:36:48.130 --> 00:36:54.186 have additional products come on board I see questions about aluminum so if we have 00:36:54.210 --> 00:36:58.766 evidence that aluminum is being that is linked is linked to the Shing Jong or the 00:36:58.790 --> 00:37:04.290 entity list is being imported then we could lose added aluminum we would to the 00:37:04.290 --> 00:37:13.190 targeting I think Katie knows unneeded >> Fantastic so Katie I will turn the floor 00:37:13.190 --> 00:37:16.950 over to you if you want to talk about the postal code. 00:37:18.060 --> 00:37:19.120 >> Great thank you. 00:37:19.120 --> 00:37:23.740 I appreciate it good afternoon everyone. I understand there's a lot of questions 00:37:23.740 --> 00:37:30.366 about the postal code I want to let you know we are issuing a new trade notice 00:37:30.390 --> 00:37:34.006 that's coming out. I would say it's not coming out today it will be out by 00:37:34.030 --> 00:37:40.000 tomorrow. That clearly explains that the requirements are some of the general 00:37:40.000 --> 00:37:46.176 information is the purpose of the postal code is to alert the importer or the 00:37:46.200 --> 00:37:52.500 representative files are to bet that if your sourcing from the company in China, 00:37:52.950 --> 00:37:59.226 from the ex- UA region they are going to get a warning to say this may be subject 00:37:59.250 --> 00:38:04.520 to exclusion so know who your supply chain suppliers are. 00:38:05.020 --> 00:38:12.946 To the main question we always have a lot of questions is that the policy and change 00:38:12.970 --> 00:38:15.456 regarding the use of the manufacturer ID. 00:38:15.480 --> 00:38:17.460 The answer is no. 00:38:17.840 --> 00:38:26.220 Textile importers are required to submit the MID of their manufacturer. 00:38:26.220 --> 00:38:30.476 That there were required under the regulation. Other imports and other 00:38:30.500 --> 00:38:36.480 commodities you can continue to use the MID that's either the manufacturer or the 00:38:36.480 --> 00:38:42.500 seller. So that there are scenarios where people say my goods are made in China, but 00:38:43.040 --> 00:38:49.006 I sourced from the source from the company from Canada you know they are a seller. 00:38:49.030 --> 00:38:54.586 That I buy from the Canadian seller. Can you use use the MID from Canada? 00:38:54.610 --> 00:38:57.590 Even though the country of origin is China? 00:38:57.940 --> 00:39:02.486 The answer is yes. That policy has not changed it continues to be able to do 00:39:02.510 --> 00:39:10.326 that. If you use the MID that is not from China, a Chinese manufacturer ID in the 00:39:10.350 --> 00:39:14.446 postal quarter requirement will not be active. 00:39:14.470 --> 00:39:20.560 In other words, there is a requirement to transmit that postal code for China if you 00:39:20.560 --> 00:39:24.180 are using a Canadian MID. 00:39:24.790 --> 00:39:31.450 Okay? As pertaining to products that are not textile related. 00:39:32.190 --> 00:39:40.346 So most cases the MID can be both a seller or -- in the case of textiles is probably 00:39:40.370 --> 00:39:46.036 the manufacturer.'S when you transfer your cargo release information it's at that 00:39:46.060 --> 00:39:48.710 time when the validation will occur. 00:39:49.050 --> 00:39:54.750 So as an example, usually have a product from China and your manufacturer is in 00:39:54.750 --> 00:39:57.956 China. Non- textile related. 00:39:57.980 --> 00:40:03.236 You transfer that information. The first thing CBP will ask you is we look for the 00:40:03.260 --> 00:40:05.616 postal code. Is that there? 00:40:05.640 --> 00:40:11.616 If the answer is it's not there, we will send back a message to the person 00:40:11.640 --> 00:40:18.420 transmitting the information, to say you need to submit a valid postal code. 00:40:19.030 --> 00:40:24.446 And you submit a postal code that you believe to be valid for your manufacturer 00:40:24.470 --> 00:40:30.146 should that postal code be incorrect, then you will get an error message to say the 00:40:30.170 --> 00:40:33.340 postal code you submitted is incorrect is not valid. 00:40:34.160 --> 00:40:37.070 Should it be a valid postal code? 00:40:37.550 --> 00:40:43.336 The next message will apply if it's from the ex- QR region. 00:40:43.360 --> 00:40:48.840 So should you be sourcing from a company manufacturer in the ex- QR AR reason 00:40:49.260 --> 00:40:55.000 you'll get a warning message to say warning this is subject to the US LPA. 00:40:55.500 --> 00:41:01.276 That is an indicator for you or for your employer to note that shipment may be 00:41:01.300 --> 00:41:04.760 subject to exclusion when it arrives in the US. 00:41:05.090 --> 00:41:11.320 And this gives you want to say and alert so that you know who your supply chain 00:41:12.020 --> 00:41:14.580 you're dealing with. And to prepare right? 00:41:14.580 --> 00:41:20.420 To have that exception of you because it's clearly from XQ AR when the shipment 00:41:20.420 --> 00:41:25.870 arrives it will be excluded and you need to submit an accepted review to obtain the 00:41:25.870 --> 00:41:33.906 release of your cargo. If it's not, maybe it's a clerical error ring and you can 00:41:33.930 --> 00:41:37.696 show that it is not subject to US LPA right? 00:41:37.720 --> 00:41:44.070 Showing that the clerical error at something that something CBP can take a 00:41:44.070 --> 00:41:48.580 look at to determine if it's subject to US LPA or not. 00:41:49.220 --> 00:41:53.660 So the postal code is pretty straightforward from that perspective. 00:41:54.300 --> 00:42:01.786 If it's not required is not a question about is that all China right? 00:42:01.810 --> 00:42:09.586 Comes onto is not the country of origin we are looking at is the manufacturer ID code 00:42:09.610 --> 00:42:17.770 when you identify as a manufacturer, from China that code will be required to be 00:42:17.770 --> 00:42:27.006 transferred to CBP on to owner to be done testing in the system that's been done I 00:42:27.030 --> 00:42:36.476 want to say also that there will be opportunity and the trade support network 00:42:36.500 --> 00:42:40.900 to have additional question that are technical in nature. 00:42:41.280 --> 00:42:50.506 We are not releasing the list of postal codes in China, the XQ, a region that's 00:42:50.530 --> 00:42:56.616 forced everyone to do the due diligence to know where the supply chains are diligence 00:42:56.640 --> 00:43:04.220 right? Part of the due diligence is the ability to know where your 00:43:06.780 --> 00:43:08.080 shipment came from. 00:43:08.080 --> 00:43:13.176 That includes the manufacturer's manufacturer name and address address 00:43:13.200 --> 00:43:15.650 would include the postal code. Postal code. 00:43:15.650 --> 00:43:20.860 So I hope that explains it. I don't know if there are more specific questions. 00:43:22.540 --> 00:43:29.400 If so I truly like you to join the next trade support network and we will be 00:43:29.400 --> 00:43:35.390 submitting the information notice out on the postal code requirement. 00:43:36.010 --> 00:43:37.970 Thank you. 00:43:37.970 --> 00:43:42.084 I want to turn it back to you. 00:43:42.109 --> 00:43:48.004 >> Sounds good thank you very much Katie. 00:43:48.340 --> 00:43:55.760 I appreciate you jumping in there in answering those large numbers of questions 00:43:55.760 --> 00:43:58.610 that we had about the postal code. 00:43:59.870 --> 00:44:04.116 Does a couple of other cushions that want to clarify the comment that I made 00:44:04.140 --> 00:44:13.330 regarding what center a particular importation would be assigned to being 00:44:13.330 --> 00:44:18.400 held under oval ball and the importer is submitting documentation for 00:44:18.810 --> 00:44:24.776 inapplicability review or exception if you are an importer is assigned to a center 00:44:24.800 --> 00:44:31.626 and you'll work with your assigned center regardless of what the product is. 00:44:31.650 --> 00:44:38.016 If you are amongst I think there may be a few areas where an import is not assigned 00:44:38.040 --> 00:44:44.070 to a specific center and so that it will be the center that has the goods but in 00:44:44.070 --> 00:44:48.540 general you will work with the center to which you are assigned regardless of what 00:44:48.540 --> 00:44:54.130 the detained product is and then then CBP will coordinate internally as need be. 00:44:57.100 --> 00:45:02.210 The answer to that is no. 00:45:03.320 --> 00:45:07.020 If you're talking about the applicability reviews then we will reach out to you 00:45:07.020 --> 00:45:09.720 directly but it's not informed 28. 00:45:12.090 --> 00:45:15.500 I see more questions about the postal code. 00:45:18.680 --> 00:45:24.640 The level of proof or applicability review applicability review does not hold to the 00:45:24.640 --> 00:45:28.770 clear and convincing standard that applies to some extent the expense they must 00:45:28.770 --> 00:45:35.410 submit adequate proof to show the supply chain from the raw material to the 00:45:35.410 --> 00:45:40.330 imported product and to show that no part of that supply chain touches the Shing 00:45:40.330 --> 00:45:46.750 Jong or touch as an entity on the entity list so the documentation that is required 00:45:47.080 --> 00:45:51.760 that's kept in the normal course of business there is expensive. 00:45:52.960 --> 00:46:00.340 List on the CBP's RIT website right now to beat CBP guidance for import that was in 00:46:00.340 --> 00:46:07.790 connection with your LPA and there will be additional FAQs and documents coming out 00:46:08.190 --> 00:46:09.506 regarding that. 00:46:09.530 --> 00:46:20.910 Tell him what a protest to send LB DHS more 00:46:20.910 --> 00:46:22.890 questions on the postal code. Let's 00:46:31.060 --> 00:46:40.920 see. All questions about aluminum so this is not 00:46:40.920 --> 00:46:46.406 specific to aluminum but all imports have an obligation to know the supply chain 00:46:46.430 --> 00:46:51.130 it's supported the obligation to ensure that the goods that you import to the 00:46:51.130 --> 00:47:01.060 United States are in compliance with US law so to business advisors 00:47:01.060 --> 00:47:05.500 that have been issued by the United States government that are available on the 00:47:05.500 --> 00:47:09.760 Department of Homeland Security's websites and with the federal agency that 00:47:11.690 --> 00:47:17.100 attributed to the issuance of the specific advisors those will provide you with the 00:47:17.100 --> 00:47:22.706 event additional information regarding the situation on the ground in the Shing Jong 00:47:22.730 --> 00:47:28.140 and what types all caps of risk exists there.'S you might find those resources 00:47:28.140 --> 00:47:31.480 are helpful if you haven't yet looked at look at them. 00:47:32.380 --> 00:47:39.380 So noble products and then there's a number of recordings from nongovernmental 00:47:39.380 --> 00:47:44.210 organizations and academic institutions that provide a picture of a rift. 00:47:48.060 --> 00:47:52.140 Can you get a determination in advance? 00:47:52.140 --> 00:48:00.586 The centers do not take documentation packages ahead of time and provide an 00:48:00.610 --> 00:48:07.220 advanced decision and admissibility decisions are made after the goods are 00:48:07.220 --> 00:48:15.810 imported. If the entry is filed we don't do advanced decisions by the centers. 00:48:17.640 --> 00:48:26.250 There is an advance ruling process. It's very difficult to I think to provide the 00:48:26.250 --> 00:48:31.566 documentation that would be required for CBP to rule on that. 00:48:31.590 --> 00:48:36.910 I think the short answer is that advanced ruling on advanced decisions from the 00:48:36.910 --> 00:48:38.940 center is not possible. 00:48:41.040 --> 00:48:45.976 Is to your benefit to be prepared in advance so soon as those are detained yet 00:48:46.000 --> 00:48:48.736 the package ready and are able to submit it. 00:48:48.760 --> 00:48:52.640 You are not losing time after the contention, having the intention having 00:48:52.640 --> 00:48:56.100 you go back and trying to collect documentation severe importing goods that 00:48:56.100 --> 00:49:01.500 are high risk, then the best is to prepare an advance. 00:49:03.210 --> 00:49:05.170 Let's see here. 00:49:06.690 --> 00:49:13.200 If goods are detained and it takes CBP takes CBP longer than 30 days to reply as 00:49:13.200 --> 00:49:16.650 I mentioned earlier, at the end of the 30 day detention. 00:49:17.830 --> 00:49:23.450 CBP will continue to review any documentation that has been submitted you 00:49:23.450 --> 00:49:29.830 can also request an extension of their detention to give you more time to provide 00:49:29.830 --> 00:49:33.380 documentation that 30 day. 00:49:33.380 --> 00:49:37.696 Does it triggers the importer's right to protest if they don't practice then they 00:49:37.720 --> 00:49:42.160 will continue on and they will continue with the review. 00:49:45.240 --> 00:49:50.460 You do not have to automatically request at exports if you have a documentation 00:49:50.460 --> 00:49:56.820 package and applicability inapplicability package pending review if you haven't done 00:49:56.820 --> 00:50:00.530 anything so if you not submitted and applicable to the review package you did 00:50:00.530 --> 00:50:05.530 not request an extension of the detention those goods are going to be excluded from 00:50:05.530 --> 00:50:12.320 entry and then you have to re-export them. Let's see here. 00:50:14.600 --> 00:50:20.480 I do welcome my CBP client on the line who want to take time to do so. 00:50:29.000 --> 00:50:33.300 So, let's see here. 00:50:38.980 --> 00:50:45.146 So another question about I expect some audiobook questions about if you prove the 00:50:45.170 --> 00:50:51.810 note forced labor in the supply chain will subsequent shipment be detained CBP makes 00:50:51.810 --> 00:50:55.680 the decision based on risk. 00:50:56.300 --> 00:51:01.590 Severe done and applicable to review and had goods released, that does not 00:51:01.590 --> 00:51:05.800 necessarily mean that future shipments will not be detained but the risk may 00:51:05.800 --> 00:51:07.080 still exist. 00:51:09.420 --> 00:51:16.890 As CBP's experience looking at people supply chains we may make it shipment that 00:51:16.890 --> 00:51:22.736 we won't detained but but each shipment stands on its own stand on its own because 00:51:22.760 --> 00:51:30.010 we don't know when it's entered whether or not the supply chain is identical to one 00:51:30.010 --> 00:51:35.920 that previously but didn't began released that has to be demonstrated in general so 00:51:37.740 --> 00:51:42.970 yes you could have the same goods detained a second time. 00:51:45.900 --> 00:51:48.580 I think we are running short on time. 00:51:48.580 --> 00:51:51.950 Thank you everyone for the great questions. 00:51:52.300 --> 00:51:56.910 And for your time. I will try to turn to Becky or it back you Greg. >> Thank you 00:51:57.250 --> 00:52:01.490 for your expertise we really appreciate it. We are running up against the clock 00:52:01.490 --> 00:52:04.896 and I want to turn it back to Chris because I know she has of couple of 00:52:04.920 --> 00:52:10.026 closing remarks and updates to provide to the clue group thank you for tuning in 00:52:10.050 --> 00:52:18.840 I'll turn it back over to you Chrissy. >> Thank you, this concludes our webinar for 00:52:18.840 --> 00:52:28.936 this afternoon. Please keep an eye out for registration that will be coming soon 00:52:28.960 --> 00:52:32.596 for the trade facilitation and cargo security 00:52:32.621 --> 00:52:36.153 Summit being held on April 17th to the 19th. 00:52:36.178 --> 00:52:39.820 Thank you for joining us today. 00:52:39.820 --> 00:52:42.123 And enjoy the rest of your day.