On August 1, 2023, the Department of Homeland Security (DHS) announced new actions to eliminate the use of forced labor practices in the U.S. supply chain by adding two China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List due to their participation in business practices involving Uyghur minorities in the Xinjiang
IPEF Partners Conclude Negotiations of Proposed Supply Chain Agreement
On Saturday, May 27, 2023, the 14 partners of the Indo-Pacific Economic Framework for Prosperity (IPEF) announced the substantial conclusion of negotiations for the IPEF Supply Chain Agreement (see U.S. Department of Commerce’s press statement here). The IPEF partners – Australia, Brunei, Fiji, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand
BIS Issues Proposed Rule to Establish “Guardrails” to Prevent the Improper Use of CHIPS Act Funding
On March 23, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking implementing measures to prevent the improper use of CHIPS Act Incentives Program funding. Described as “guardrails,” the proposed rules are intended to ensure technology and innovation funded by the Creating Helpful Incentives to Produce Semiconductors
Treasury Issues Proposed Rule to Clarify the Advanced Manufacturing Investment Credit Established by the CHIPS Act
On March 23, 2023, the Department of the Treasury (“Treasury”) published a Notice of Proposed Rulemaking to implement the Advanced Manufacturing Investment Credit established by the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act (“CHIPS Act”). The CHIPS Act was enacted in August 2022 to incentivize the manufacture of semiconductors and semiconductor manufacturing
CBP Announces New BIS License Type Codes for China-Related Exports Involving Advanced Computing and Semiconductors
On March 15, 2023, U.S. Customs and Border Protection (CBP) announced that it has activated two new license codes for use in the Automated Export System (AES). These new codes are related to an Interim Final Rule published by the Department of Commerce’s Bureau of Industry and Security (BIS) on October 13, 2022, that
CBP Establishes Interactive UFLPA “Dashboard” to Provide Enforcement Statistics
On March 14, 2023, U.S. Customs and Border Protection (CBP) launched an interactive web page providing forced labor enforcement statistics under the Uyghur Forced Labor Prevention Act (UFLPA). CBP launched this “UFLPA statistics dashboard” to provide a single source of data on UFLPA enforcement actions. The dashboard provides information on the number of
USTR Releases President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report
On March 1, 2023, the Office of the United States Trade Representative (USTR) released President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report. According to the report, the 2023 trade agenda will prioritize creating new opportunities for American workers and families, supporting the middle class, driving decarbonization, and creating good-paying jobs. Additionally, the
CBP Releases New UFLPA Guidance on Applicability Review Submissions
On February 23, 2023, U.S. Customs and Border Protection (CBP) issued new guidance for importers on the agency’s Uyghur Forced Labor Prevention Act (UFLPA) enforcement web page. This includes additional guidance in the form of frequently asked questions (FAQs), guidance setting forth best practices for submitting documentation to prove that detained goods are not subject
GAO Report Notes Supply Chain Resilience with Trade Partners Requires Expanded Diplomatic Engagement
In February 2021 and pursuant to Executive Order 14017, “America’s Supply Chains,” President Joe Biden directed a review across all federal agencies to address vulnerabilities in the supply chains for critical goods. See Update of February 25, 2021. Subsequent federal agency reviews and a White House report found five key U.S. supply chain vulnerabilities
CBP Removes Forced Labor Finding Pertaining to Palm Oil and Derivatives Produced by Malaysia’s Sime Darby Plantation
On February 3, 2023, U.S. Customs and Border Patrol (CBP) issued a determination in the Federal Register providing notice that it has determined that palm oil and various derivatives thereof “are no longer being mined, produced, or manufactured wholly or in part with the use of convict, forced, or indentured labor by the Sime Darby