PaintSquare.com


The First Word in Protective & Marine Coatings

A Product of Technology Publishing / PaintSquare
JPCL | PaintSquare News | Durability + Design | Paint BidTracker

Bridge Coating Systems: Selecting and Sourcing

Paint and Coatings Industry News

Main News Page


ACA Fights Rule on Conflict Minerals

Monday, January 28, 2013

Comment | More

Coating makers have joined the opposition to a U.S. rule that would expand disclosure of the use of so-called "conflict minerals" in various products.

The American Coatings Association (ACA) is working with other affected industry associations on a friend-of-the-court (amicus) brief in support of a lawsuit that asks the U.S. Securities and Exchange Commission (SEC) to set aside its Conflict Minerals Rule, adopted last August. The brief is due Wednesday (Jan. 23).

Conflict Minerals
Patricia Jurewicz / Responsible Sourcing Network

"Conflict minerals" include tin, tungsten, tantalum and gold derived from the Democratic Republic of Congo (DRC) and surrounding countries.

The brief is aimed at bolstering a federal lawsuit filed in August 2012 by the U.S. Chamber of Commerce and the National Association of Manufacturers. the suit seeks a review of the rules, which are required under the 2010 Dodd-Frank financial reform law.

Conflict Minerals

The rule requires that publicly traded companies disclose certain conflict minerals or derivatives used in their production processes. "Conflict minerals" include tin, tungsten, tantalum and gold derived from the Democratic Republic of Congo (DRC) and surrounding countries.

Tin is used during the chemical processes for manufacturing PVC and certain high performance paints/coatings.

The rule requires companies that manufacture products that use these minerals to report whether its products were produced from sources that benefit armed groups.

OECD Conflict Minerals

The Organization for Economic Cooperation and Development published its guidance on conflict minerals for members in 2011.

Companies are required to provide an annual report that includes:

  • Measures taken to determine the source and chain of custody of the minerals, including an independent private sector audit of the report, and
  • A description of the products manufactured or contracted to be manufactured that are not DRC conflict free, the entity that conducted the independent private sector audit, the facilities used to process the conflict minerals, the country of origin of the conflict minerals, and the efforts to determine the mine or location or origin with the greatest possible specificity

'Woefully Inadequate'

The industry coalition filed their opening brief on the merits of the case on Jan. 16, saying that the rule "may have been motivated by good intentions" but the SEC's analysis is "woefully inadequate."

The groups contend that the SEC failed to meet its statutory obligation to consider the effects of the rule by failing to determine if the rule would benefit the DRC, and by underestimating the rule’s costs.

"Further, and of particular importance to ACA member companies, by refusing to create a de minimis exception, the SEC expanded the scope of the rule adding significant burdens and costs to U.S. industry without demonstrating any benefit for the DRC or the Congolese people," ACA reports.

The industry coalition also challenged provisions of the rule requiring companies to undertake what it termed "an onerous 'reasonable country of origin inquiry,' expanding the rule’s scope to non-manufacturers, and providing for an irrational transition period."

The coalition also asserts that the rule violates the companies' First Amendment rights by requiring them to report on their website and to the SEC if any of their products are “not DRC conflict free.” The industry coalition said requiring this disclosure is “as unfounded as it is politically charged.”

   

Tagged categories: Coatings raw materials manufacturers; Construction chemicals; Enforcement; Laws and litigation; Regulations

Comment Join the Conversation:

Sign in to our community to add your comments.

Blastox/The TDJ Group, Inc.
Blastox - One Step
Lead Abatement

Don't waste $$ on added labor steps with other methods. Don't mix, meter or apply at the job-site. Avoid strict hazardous waste rules.
Let your painters paint!


Waterjet Technology Association (WJTA)
HP Waterjets, Related Products for Paint/Coating Removal, Surface Prep

www.wjta.org
. Networking
. Education
. Systems, Equipment
. Safety, Business Tips
314-241-1445


EDCO - Equipment Development Co. Inc.
American Manufacturing

Is coming back, is more competitive, and is higher
in quality. Well EDCO never left, we never lost our competitiveness, and we
have always maintained
our high level of quality.
Call 800-638-3326 or visit
us @ edcoinc.com


CESCO
USED EQUIPMENT SPECIALS

Jet Edge water blast cabinet 1995 Model 36-100, excellent condition
Sponge Jet 240L feed unit with a recycler unit
Hotsy Trailblazer
Schmidt pot, 6 ton with 4 outlets, TVII valves, 12V line with controls, Halo safety loading feature, 4 factory welded post for jumbo sack rack
Contact us: 888-772-3726
BlastandPaint.com


ITW Binks
Built for Tough Jobs

From Epoxies to Urethanes to other high solid coatings, the new Binks Airless 75 delivers a great finish using an ergonomic design. Visit binks.com for more information.


HoldTight Solutions Inc.
NO FLASH RUST -
NO CONTAMINANTS

Our HoldTight®102 salt remover & flash rush inhibitor prevents flash rust by removing surface contaminants.
Contact us for your nearest distributor. (800) 319.8802 sales@holdtight.com


Carboline Company
Hyrdrocarbon Fire & Jet Fire Protection

Pyroclad X1 is the latest breakthrough in epoxy based intumescent fireproofing technology

 
 
 
Technology Publishing

The Technology Publishing Network

The Journal of Protective Coatings & Linings (JPCL) PaintSquare
Durability + Design Paint BidTracker JPCL Europe

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us
 

© Copyright 2000-2014, Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com