Aug 27 (Reuters) - U.S. Customs and Border Protection
has detained nearly $43 million in shipments of electronics
equipment from India since October under a 2022 law banning
goods made with forced labor, according to agency data,
representing a new focus for the trade enforcement agency.
While CBP does not specify what types of electronic
equipment it has detained, polysilicon, a raw material in solar
panels, is identified as a high-priority sector in the Uyghur
Forced Labor Prevention Act (UFLPA), and solar panels have
historically made up most of the stopped shipments in that
category, according to industry sources.
The CBP did not immediately respond to a request for
comment.
The law bans goods made in China's Xinjiang region where
Chinese authorities are reported to have established labor camps
for ethnic Uyghur and other Muslim groups.
China denies any abuses.
No Indian electronics shipments were detained under the
UFLPA in previous years.
Nearly a third of the detained Indian electronics shipments
were denied, according to CBP. By comparison, just 5.4% of
shipments from top U.S. solar component suppliers Malaysia,
Vietnam and Thailand were denied entry over that period.
The Indian detentions represent a small share of the $3
billion in electronics shipments CBP has stopped at the border
under the UFLPA in the last two years.
But they are a setback for Indian producers seeking to cast
themselves as an alternative for U.S. solar project developers
weary of navigating tariffs and UFLPA enforcement delays on
panels made by mainly Chinese companies.
"If the solar cells for Indian panels are coming from China,
then there is likely a good reason why detentions of Indian
products may be increasing," said Tim Brightbill, a trade
attorney with Wiley Rein LLP. "My sense is that Customs and
Border Protection did not realize for a while that many Indian
solar panels contained Chinese solar cells, and therefore the
UFLPA risks were (and are) high."
Imports of solar products from India have soared in recent
years, hitting $2.3 billion last year, according to U.S. trade
data.
In the second quarter of 2024, India accounted for 11% of
U.S. panel imports, more than double its share in the previous
quarter, according to S&P Global Market Intelligence.
As recently as 2018, the U.S. was not importing any solar
panels from India.
The increased scrutiny of Indian shipments is a reflection
of the border agency's recent efforts to broaden UFLPA
enforcement beyond just the biggest China-based solar panel
makers, which have replaced their Chinese polysilicon suppliers
with sources from the United States and Europe in a bid to avoid
their shipments being detained, according to a trade attorney.
"Indian module manufacturers found an opportunity to import
more at a time when the Chinese manufacturers were being held up
because of UFLPA," Richard Mojica, a trade attorney with Miller
& Chevalier in Washington said.
Waaree Technologies and Adani Enterprises
are the top Indian solar suppliers to the U.S. market.
A spokesperson for Adani confirmed that some of its
shipments had been detained and that all had been released.
"This outcome reaffirms that our products imported into the
U.S. fully comply with UFLPA regulations, reinforcing customer
confidence in the quality, reliability and legal adherence of
our products and manufacturing," the spokesperson said.
Waaree did not respond to requests for comment.