While ChatGPT seldom produces anything like my favorite (or humorous) blogs, I'm learning that working together we can distill years of work.
For example, it can be difficult for me to recall or find online the citation for why, in 1995, advocate Jim Puckett failed to draw what he called a "red line", and Basel Convention instead allowed a "green list" that included scrap recycling (like lead acid batteries) and repair and reuse of used electronics.
ChatGPT finds it quickly and creates a timeline for the 1995 decision and subsequent years Puckett spent trying to "Amend" the Basel Convention - while... disengenuously?.. claiming that his proposed amendment banning exports intended for reuse ("the reuse excuse") was actually in fact international law. I first exchanged emails with Jim Puckett in 2002 when he released his "Exporting Harm" report to a long DSL email chain. I hit "copy all" and met EPA's Bob Tonetti who agreed with my note that the Green List (Annex IX B) did in fact say what I said...
So that paragraph is an example of wordiness that contains important timeline context which, in year 20 of the blog, I intend to synthesize. ChatGPT finds itself contaminated by all the press releases and false claims Jim Puckett has made over 3 decades, but I'm able to bird dog for it things like repair factories that kept a low profile those years, but which were the advocates who won out in 1995's Green List. As well they should.
I spent over an hour exchanging points with ChatGPT yesterday, and will need some time to edit and make them both readable and hopefully more pithy and entertaining. Below is the summary of the effort I asked it to produce from the hour's dialogue. By the way, I realized that what I previously thought was flattery from the AI is actually by design, because it needs to reward people like me to in fact bird dog and correct its impressions.
Session Notes. More to come. By the anniversary of the first 2006 Good Point Blogspot, I may have the book I've been trying to write, sometimes unconsciously. Draft opening will be a summary of Hillbilly Hare, the Warner Brothers Bugs Bunny episode to introduce the concept of "poverty porn".
Basel Convention and Used Products — Session Notes
Based on our discussion from Wednesday, December 17, 2025
(America/New_York)
Executive summary
This document captures the main arguments and practical
implications discussed regarding the Basel Convention, the Ban Amendment, and
the trade status of used electronics and other used products. A central theme
was that the term “e-waste” is often used inconsistently, and that removing an
explicit Annex IX listing (e.g., B1110) should not automatically convert
functional used products (or repairable goods) into “waste” under either
domestic law or international practice.
Context and why this matters
We discussed how changes in Basel-related listings and
interpretations can create uncertainty for legitimate reuse and repair trade,
especially where customs officers must make quick determinations at export and
import ports.
Key terms (as used in the discussion)
·
Used
product / used equipment: A commodity being sold for continued use, reuse,
refurbishment, repair, or parts harvesting, not declared as waste.
·
Waste: Material
intended for disposal or recovery operations, typically subject to Basel
controls depending on classification and destination.
·
B1110
(Basel Annex IX entry): Referenced as an explicit “green list” style
allowance historically associated with certain scrap/metal assemblies and used
goods streams; discussion focused on how changes may affect interpretation.
·
Ban
Amendment (Basel): Discussed in relation to how amendments can shift
regulatory presumptions or enforcement posture even when definitions remain
contested.
Discussion highlights
·
The phrase “e-waste” is poorly defined in many
public narratives, and it can be misleading when applied broadly to used
products that are traded for reuse or repair.
·
Removing an explicit reuse/repair-friendly
listing (or changing the emphasis around it) should not, by itself, force a
presumption that a used laptop missing a hard drive is “waste.”
·
Evidence cited in the discussion included the
existence of well-documented repairability pathways and markets for used
equipment (e.g., repair guidance ecosystems).
·
Market signals matter: where buyers pay a price
higher than scrap value, and that price covers individual destination tariffs
and high shipping costs, the transaction behaves like commodity trade rather
than waste disposal.
·
Demand dynamics in emerging markets (including
Africa) were emphasized: used electronics often have stronger consumer demand
than new-in-box imports in some contexts, influenced by income levels, service
ecosystems, and electricity access trends.
·
Even when an amendment raises doubts by removing
explicit allowances, the burden of proof and day-to-day discretion often still
sits with customs and competent authorities in both the exporting and importing
countries.
Practical implications for shipments
Key operational implications discussed include:
·
Classification and paperwork: Align export
documentation with domestic law and clearly avoid labeling shipments as “waste”
when they are intended for reuse or repair.
·
Inspection and testing: Use functional testing,
grading, and documentation (photos, serial/asset lists, test reports) to
substantiate commodity status.
·
Value and traceability: Preserve evidence of
sale terms, pricing, and buyer identity to demonstrate bona fide trade.
·
Destination compliance: Recognize that
import-country customs inspection (e.g., at a port such as Tema, Ghana) remains
a critical point where legality is determined in practice.
Suggested neutral explainer language (draft)
“Recent Basel Convention listing and policy changes can
increase uncertainty for cross-border trade in used electronics. However, a
shipment that is classified as a used product under U.S. law, documented and
tested for reuse/repair, and presented for inspection through normal customs
channels should not be presumed ‘illegal waste trade’ solely because an
explicit Annex IX entry is narrowed or removed. In practice, competent
authorities in both the exporting and importing countries determine whether a particular
load is a controlled waste shipment or a lawful commodity transaction based on
its condition, documentation, intended use, and economic reality.”
Next steps
1.
Draft a public-facing, neutral explainer that
distinguishes reuse/repair trade from disposal and uses careful,
non-inflammatory phrasing.
2.
Create a short checklist for exporters
documenting tests performed, grading criteria, sale terms, and import-country
requirements.
3.
Collect supportive references (e.g., market
data, repairability documentation, and customs-process examples) to attach as
background.
Note: These notes reflect a discussion and are not legal
advice. For compliance decisions, consult qualified counsel and the relevant
competent authorities.

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