CBP Working on More Guidance for Silicon WRO

CBP is working on some new guidance for the withhold release order aimed at silica-based products from Hoshine Silicon Industry in Xinjiang, China (see 2108030026), said Eric Choy, acting executive director of the Trade Remedy Law Enforcement Directorate. Choy and other agency officials spoke on a March 4 webinar that was later posted to the Solar Energy Industries Association website. "We are working through our own administrative procedures here right now to make sure it meets the administrative requirements" to post on the agency's site, he said.

An initial set of frequently asked questions prompted industry questions in response to a mention of a new “de minimis” standard based upon contribution of forced labor to the end product (see 2108180017). CBP eventually removed the mention of de minimis within the FAQs (see 2109150015).

The updated guidance will include additional recommended documentation that may be provided by an importer as evidence that goods are admissible, Choy said. "The updated guidance isn't intended to supersede or replace the FAQs, it's supposed to complement the FAQs," he said. CBP also worked with SEIA to develop a "compliance framework," Choy said. The agency is clearing that document for posting and it should be on the CBP website soon, he said.

Choy said he was largely unable to discuss the Uyghur Forced Labor Prevention Act, which takes effect June 21, because the public comment period for implementation remains open (see 2201210031). The Department of Homeland Security is planning to hold the statutorily required public meeting about the law during the first weeks of April, he said.