Rep. Miller Calls on CBP to Halt Import of Chinese Solar Panels Made with Forced Labor

WASHINGTON, D.C. - Today, Congresswoman Carol Miller (R-WV) led a bipartisan letter to Commissioner of Customs and Border Protection, the Honorable Troy Miller on the bipartisan Uyghur Forced Labor Prevention Act (UFLPA) which combats the use of forced labor of the people of Uyghur and other ethnic minorities in the Xinjiang region of China. 

“In the name of climate change, the Biden Administration is surrendering the United States to the CCP. By allowing solar panels manufactured with Chinese polysilicon to avoid detection, they are encouraging Uyghur forced labor, distorting the market, and killing American jobs. I am calling on Customs and Border Patrol to strongly enforce the Uyghur Forced Labor Prevention Act and stop products that were made by forced labor into the United States. We have the moral obligation to initiate a strategic decoupling from China and their inhumane labor practices,” said Congresswoman Miller.
 
Congresswoman Miller was joined by Representatives Bill Pascrell (D-NJ), Blake Moore (R-UT), Greg Steube (R-FL), Terri Sewell (D-AL), Brad Wenstrup (R-OH), Jodey Arrington (R-TX), Michelle Steel (R-CA), Claudia Tenney (R-NY), and Beth Van Duyne (R-TX) in sending the letter to Commissioner Miller.
 
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On combating forced labor practices in the Xinjiang region by the Chinese Communist Party:
 
We appreciate the continued work U.S. Customs and Border Protection (CBP) has undertaken to enforce our forced labor import ban, and write to you today over the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) (Public Law No: 117-78). As you know, Congress passed the UFLPA on an overwhelmingly bipartisan basis to combat forced labor practices and human rights abuses in the Xinjiang region and beyond by the Chinese Communist Party (CCP) against the Uyghur people and other ethnic minorities.

We urge your agency to utilize every tool possible to pursue a more comprehensive UFLPA enforcement strategy to keep products tainted by forced labor out of the supply chains of goods imported into the U.S. Improved and effectively targeted UFLPA enforcement can reduce regulatory uncertainty for good actors that have taken the necessary steps to confirm forced labor is not involved in their supply chains and will advance our ultimate goal of reducing abhorrent labor practices around the world by eliminating major markets for products made under such conditions.
 
On the devastating impact of forced labor programs within Xinjiang and the lack of UFLPA implementation by JA Solar:
 
The CCP’s current genocide and forced labor programs within Xinjiang amount to one of the gravest systematic crimes against humanity in the 21st century. Any companies that continue to skirt U.S. law designed to prevent economic benefits from these crimes must be stopped and held accountable. In this regard, we are concerned that statements by an executive at JA Solar, a solar company located in the PRC with supply chain ties to Xinjiang, recently stated publicly that its shipments are treated differently depending on which U.S. port the products enter. This is unacceptable, particularly if it suggests that some ports are not providing appropriate scrutiny to fully implement the UFLPA. We cannot give JA Solar or any company a free pass to import goods tainted with forced labor into the U.S.
 
On urging Customs and Border Protection to ensure UFLPA is implemented:
 
CBP and the Forced Labor Enforcement Task Force (FLETF) have many tools to strengthen enforcement and provide much-needed clarity. We urge CBP and the Department of Homeland Security (DHS) to coordinate with civil society, private industry, and through the interagency task force to ensure all products entering the U.S. are in full compliance with the UFLPA. Doing so will protect American workers from unfair labor practices and encourage all companies to divest entirely from Xinjiang. CBP can help importers and U.S. companies navigate forced labor concerns by working with all parties to block out bad actors’ products from ever entering the U.S. market. It is imperative that CBP start active consultations with all relevant groups to ensure we are not only blocking forced labor imports but changing the market conditions in which forced labor occurs.

Further, while we appreciate that the FLETF has begun updating the UFLPA entity list more regularly, it is concerning that there have only been three updates since the original list was created, despite repeated concerns raised by civil society stakeholders. Finally, we seek more timely and efficient reviews of shipments entering the U.S. to give law-abiding importers and good faith actors more certainty in conducting their businesses while also optimizing deployment of CBP resources to most effectively enforce the UFLPA and other key laws.
 

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