U.S Customs and Border Protection has published its first Isotopic Testing Guidance document, which can be accessed on the CBP website using the following link – https://www.cbp.gov/document/publications/isotopic-testing-guide [cbp.gov]. The Guidance explains CBP’s perception of the role of isotopic testing in supply chain traceability and sets out recommended isotopic testing standards.
As explained in the Guidance, isotopic testing is a scientific method that identifies the atomic structure of naturally occurring materials, or a “fingerprint” of the material, affected by local environmental conditions. When that “fingerprint” is compared to a library of like materials from various geographic areas, isotopic testing can indicate whether the raw material being tested is consistent with the claimed geographic origin.
Although supply chain traceability has always been important, post implementation of the Uyghur Forced Labor Prevention Act (“UFLPA”), an importer’s ability to fully trace the raw materials and inputs used to fabricate its imported goods has become crucial in accessing the U.S. market. The need for traceability is most pronounced in demonstrating the absence of forced labor, but the ability to substantiate origin can be equally relevant in showing that a shipment is not subject to China 301 duties or antidumping/countervailing duties, among other things. Although not a silver bullet, isotopic testing is one tool importers may want to consider in managing risk in their supply chains.
GDLSK remains committed to helping its clients navigate the ever-changing regulatory environment for trade. Please do not hesitate to contact Heather C. Litman or one of the other attorneys at the firm with any questions.
