PaintSquare.com


The First Word in Protective & Marine Coatings

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

Resource Guide Extreme Temperatures

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!


Barton International
Garnet Abrasives result in Shorter Blast Times

Get your customers back on line fast with Barton engineered garnet abrasives. 2 to 4 times harder and up to 2 times heavier than ordinary abrasives. Call 800-741-7756 or Email info@barton.com


Clemco Industries Corp.
Powerful Protection in a Small Package

Mounts inside blast helmet, alerts operator to dangerous breathing-air condition by audible, visual, and vibratory alarms. Easily calibrated, battery operated.


SSPC: The Society for Protective Coatings
http://www.sspc.org/

Join SSPC and Enhance
Your Career !


Novatek Corporation
Dustless Coatings Removal

Strip it, clean it, and profile it,
all dust free! High production
rates and Blast like finishes.
Comply with new lead
standards.


Denso North America Inc.
Denso SeaShield
Marine Systems

A full range of steel, concrete and timber pile rehabilitation systems including petrolatum systems, fiberglass jackets, epoxy grouts and many other product lines.
Call 1-281-821-3355 or Visit densona.com


ABKaelin, LLC
Quality is our bottom line

Services include:
• Environmental, Health &
  Safety
• Contractor QP Certification
• Quality Assurance Programs
  and Auditing
• SSPC C3/C5 and other
  Training
• Coatings
• Design/Construction
See our website at abkaelin.com or contact us today abkaelin@comcast.com

 
 
 
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