CBP Provides Details on Forced Labor Allegations

CBP addressed several concerns recently raised by importers and the National Customs Brokers & Forwarders Association of America about coming rules on imports made by forced or child labor (see 1605090007). There are several paths for importers to defend allegations importing goods subject to withhold release orders, said a CBP spokeswoman in an email. The agency also responded to questions about its use of risk-based targeting for WROs and training for CBP officers at the ports.

If a shipment is stopped due to a WRO, "the importer must demonstrate that the goods in question were not produced, wholly or in part, with a prohibited form of labor," she said. "CBP will review the proof and will determine if it is sufficient to effect release of the goods. The regulations also provide that CBP will consider any representations offered by foreign interests, importers, domestic producers, or other interested persons (19 CFR 12.42(d)). Furthermore, if CBP decides to exclude goods subject to WROs, the importer may protest that decision under 19 U.S.C. 1514; and if CBP seizes goods subject to findings, the importer may petition for administrative relief." The customs reauthorization law repealed the "consumptive demand" exemption to the ban on imported products made by forced labor (see 1603010043).

CBP will review petitions for WROs for compliance with regulatory requirements and potentially work with ICE to investigate forced labor allegations, she said. "If the information is deficient, CBP may return it to the person who submitted it with advice as to the respects in which it does not conform (19 CFR 12.42(e))," she said. Otherwise, CBP may recommend that the Commissioner issue either a WRO or finding, depending on the level of information available." Although CBP no longer must consider consumptive demand as part of its process, "the information received by CBP will still have to include a full statement of the reasons for the belief, a detailed description or sample of the merchandise, and all pertinent facts obtainable as to the production of the merchandise abroad," said the spokeswoman.

CBP's targeting related to WROs "will be applied as narrowly specified in WROs/findings," she said. "The agency is keen to not disrupt legitimate trade." Additionally, CBP's offices that oversee forced labor policy "have conducted, and will continue to conduct, internal training to inform field personnel how incoming shipments of goods subject to WROs/findings are to be treated," she said.