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Following a request from several influential members of Congress, the U.S. Government Accountability Office (GAO), issued a report in July on the administration of approved Section 232 duty exclusions for steel and aluminum. The review period was from March 2018 to September 2021. Various issues were discovered with the process by which the Bureau of Industry and Security (BIS) transmits data on approved exclusions to Customs and Border Protection (CBP), which is done via spreadsheets from which CBP must manually upload the data to the ACE system. CBP also stated that there is not an automated way for them to monitor exclusion usage against the approved total quantities allowed. CBP staff have to monitor the usage and manually deactivate an exclusion that has reached the total quantity limit. As a result of these issues, the GAO found that almost $32 million in duty exclusions were allowed by CBP for imports that had, in fact, exceeded the total quantities authorized under the particular exclusion.
In an appendix to the report, a review of the tariff rate and absolute annual quotas on steel and aluminum that are in effect from the European Union, Korea, Brazil, and Argentina revealed issues as well. CBP staff communicated that these quotas are very complex and laborious to administer, many of which were instituted without allowing adequate time for ACE to be programmed accordingly.
A multinational organization based in Bangkok, Thailand, has agreed to pay $20,000,000 to settle potential civil liability for 467 apparent violations of OFAC sanctions on Iran. Between 2017 and 2018, the company facilitated $291 million in wire transfers through U.S. financial institutions for the sale of Iranian-origin high-density polyethylene resin (HDPE), manufactured by a joint venture involving the parent company in Iran. HDPE is a robust resin used in various plastic products such as food and beverage containers, shampoo bottles, and industrial items. Concurrently, the company initiated U.S. dollar wire transfer transactions to settle the joint venture’s debts to third-party vendors.
BIS has released the newest iteration of their guidance on export enforcement. The “Don’t Let This Happen to You” guidance document is dated March 2024 and is 76 pages of important guidance for the export community. The opening letter states “Export controls have never been more important to our collective security interests than they are today.” Follow the link below to check out more details!
The U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against work gloves manufactured in a Chinese company and its subsidiaries, based on evidence suggesting the use of convict labor. This action is part of the U.S. government's efforts to combat forced labor globally. With nearly 28 million workers suffering under such conditions worldwide, WROs are a means to deter companies from exploiting labor and to protect vulnerable populations. By enforcing laws prohibiting the importation of goods produced by forced labor, CBP aims to safeguard American workers, businesses, and consumers. Currently overseeing and enforcing numerous WROs and Findings, CBP emphasizes its commitment to eliminating forced labor from U.S. supply chains and encourages reporting of suspected violations.
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