CBP is responsible for preventing the entry of products made with forced labor into the U.S. market by investigating and acting upon allegations of forced labor in supply chains. U.S. Customs and Border Protection (CBP) defines forced labor as:
“all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer work or service voluntarily. Indentured labor is defined as work or service performed pursuant to a contract, the enforcement of which can be accomplished by process or penalties. This includes forced or indentured child labor.”
U.S. Customs & Border Protection (CBP) has expanded the list of “priority sectors” for enforcement of forced labor violations under the Uyghur Forced Labor Prevention Act (UFLPA). We have previously seen detentions for commodities such as palm oil, but now there is a focus on aluminum, cotton, tomatoes, polysilicon, and polyvinyl chloride (PVC) products.
Postal code requirements for China origin goods became a requirement on March 18th, 2023. This applies to:
- ALL merchandise shipped directly from China to the United States.
- Commodities shipped from any another country but classifiable in Chapters 50-63 (textiles and clothing).
Chinese origin goods shipped from a third-party country and not classifiable in the textile and apparel chapters are not impacted at this time.
Shipments that are suspected to contain goods that may be manufactured using forced labor can be detained at the port of entry pending an investigation. If CBP actions a violation, it would be through issuance of Withhold Release Orders (WRO) to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. Active WROs can be found on the CBP website.
CSMS message # 55222106 “Uyghur Forced Labor Prevention Act and Forced Labor Enforcement – New Resources for Industry” was recently released and provides additional guidance on review and enforcement.
If you have any questions, please contact transitionteamus@willsonintl.com