By: Juntee Terrenal, GMS, Strategic International Business Leader, Adviser & Coach
“As CBP continues to safeguard legitimate trade and travel at our borders, I am proud to say that the 60,000 men and women of U.S. Customs and Border Protection remain committed to enforcing our trade laws and protecting the nation’s economic security.” said in the Statement issued by Commissioner R. Gil Kerlikowske
President Obama signed H.R. 644, the Trade Facilitation and Trade Enforcement Act of 2015 – also known as the Customs Authorization Bill, as of last week.
Please find the General Objectives of this 2015 Act on the image below;
The business objectives of this 2015 Act is great, hopefully we will be seeing greater impact of stopping or banning goods that are produced through forced and child labors from countries that are exploiting their citizens. In this way, the Citizens of the United States will not be viewed as supporters of the exploitation of certain countries, because the american consumers buy these goods.
This Act has achieved the closing of the loophole that existed for 85 Years in America’s Tariff Law. It is unbelievable how our laws were written yet no one among the so called Legislators took time of correcting it until 85 years later. The language of that 85 Years old Tariff Law is being corrected under President Obama’s administration is seen below..
Bad Language of the Tariff Law in the last 85 Years:
Until now, U.S. customs law banning imports of items produced by forced or child labor had gone largely unenforced because of two words: “consumptive demand” — if there was not sufficient supply to meet domestic demand, imports were allowed regardless of how they were produced. (source:NYDailyNews)
If you read correctly that conditional statement as a clarification of “consumptive demand”, the question would be why do the CBPs (so called in charge of the enforcement) allowed themselves to be the pawn of badly produced goods. Capitalism in full force.
Was there indeed a shortage of these goods domestically, that triggered supply and demand of goods that were produced by forced and child labors?
Indeed, there was no enforcement; as gate keepers they allowed the American public to buy and use these goods and eventually suffered the consequence of consuming them; the producers benefited from the US Dollars spent in them. Where and who bears the moral obligation and accountability of that “consumptive demand” phrase?
In the meantime, hopefully with the newly signed Law we will see better enforcement. The Commissioner is confident to the strategic approach of CBP’s 328 Port of Entry that these imported goods to the United States will be curtailed as per authorization of the new trade and enforcement law.
More Power to President Barack Obama, his administration, legislators and CBP (US Customs and Border Protection) who were all involved in rectifying an old tariff law with bad language.
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