MEMO TO CLIENTS ISSUE 23-007-MAY 19, 2023

Update on Port Labor Contracts

ILWU local 13 in Los Angeles and Long Beach had engaged in job actions in early April. There was a one-day walkout before Easter and the union increased red tagging of chassis entering the terminals which caused delays in picking up container that went one for a week.  These actions ceased leading up to the recent talks.

Reports are that the ILWU and the PMSA have reached an agreement in the Ports of Los Angeles and Long Beach on manning requirements. The agreement with ILWU local 13 deals with manning cargo handling equipment at the current non-automated terminals in both ports that will guarantee jobs in the future.  An earlier agreement on a manning had been reached with the current automated terminals.  These agreements will overcome a major hurdle in the contract negotiations. Contract negotiations can now focus on the two remaining major issues of wages and benefits.

CBP Has Issued Guidelines for the Submission of Documents for Forced Labor Holds

U.S. Customs and Border Protection (CBP) has issued a new document that gives informal guidelines on how to submit documentation for goods detained for suspicion of violation of forced labor. It explains how to organize a submission and some general submission guidelines.  This document can be found on CBP’s website at:  Recommended Guidelines for Submissions of Forced Labor Supporting Documents (cbp.gov)

China 301 Duties Litigation

In response to the recent decision by the Court of International Trade (CIT) that found that the USTR had acted properly in assessing the 301 duties for Lists 3 and 4a. Attorneys for the lead plaintiffs have filed an appeal to the decision.  The appeal has been filed in the U.S Court of Appeals for the Federal Circuit.  This appeal is expected to take more than a year to be decided.

President Vetoes Resolution to End ADD Circumventions for Solar Products

The House of Representatives passed a resolution that would end the pause on anti-circumvention duties on solar panels and cells from some Chinese companies that are used in manufacturing in Southeast Asia. It also passed the Senate. The two year pause in these specific antidumping duties is in support of U.S. solar power industries.  The pause is intended to help increase domestic solar equipment manufacturing. President Biden notified the House of his decision citing the growth of manufacturing capacity U.S. solar products citing there have been 51 new and expanded solar equipment manufacturing plants in the United States.