Overview
On June 24, 2021, US Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) pursuant to 19 USC 1307 against Xinjiang, China-based Hoshine Silicon Industry Co. Ltd. and its subsidiaries (Hoshine). The WRO instructs CPB personnel to detain shipments of silica-based products produced by Hoshine and its subsidiaries, including “materials and goods (such as polysilicon) derived from or produced using those silica-based products.”
On the same day, the US Commerce Department’s Bureau of Industry and Security (BIS) added Hoshine Silicon Industry (Shanshan) Co., Ltd and four other Xinjiang-based companies to the Entity List based on allegations of their participation “in the practice of, accepting, or utilizing forced labor” in their production processes.
On June 23, 2021, the Department of Labor (DOL) published a Federal Register notice updating its List of Goods Produced by Child Labor or Forced Labor (TVPRA List) to include polysilicon from China.
Meanwhile, the US Senate Foreign Relations Committee (SFRC) advanced a bill that, if passed, would impose additional restrictions on the importation of goods from China’s Xinjiang Province.
CBP WRO
According to the CBP announcement, the WRO is “based on information reasonably indicating that Hoshine uses forced labor to manufacture silica-based products.” Hoshine is a major supplier of materials used in solar panel production globally.
Pursuant to a WRO, importers must either export detained shipments or submit, within three months, a certificate of origin and detailed statement demonstrating the merchandise does not fulfill the criteria of 19 USC 1307. If CBP determines the proof submitted is insufficient, it will exclude the shipment. Where CBP finds “probable cause” that goods or materials fulfill the criteria of 19 USC 1307, it will publish a formal “Finding” in the Federal Register.
(Steptoe has discussed the WRO process in greater detail here.)
The latest WRO follows a series of CBP actions targeting alleged instances of forced labor, several of which concerned China. In January 2021, CBP issued a WRO against cotton and tomato products produced in the Xinjiang Province. In December 2020, CBP issued a WRO against cotton products made by Xinjiang Production and Construction Corps, which was previously named as a Specially Designated National (SDN) by the US Treasury Department’s Office of Foreign Assets Control (OFAC) in July 2020.
Entity List
Meanwhile, the US Commerce Department’s Bureau of Industry and Security (BIS) added a Hoshine subsidiary and four other Xinjiang-based companies to the Entity List based on allegations of their participation “in the practice of, accepting, or utilizing forced labor” in their production processes. The companies are:
- Hoshine Silicon Industry (Shanshan) Co., Ltd.;
- Xinjiang Daqo New Energy Co., Ltd.;
- Xinjiang East Hope Nonferrous Metals Co., Ltd.;
- Xinjiang GCL New Energy Material Technology Co., Ltd.; and
- Xinjiang Production and Construction Corps.
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