Fifteen Shipments Blocked So Far Due to Possible Use of North Korean Labor, CBP Says

CBP stopped additional shipments in recent months over the possible use of North Korean labor, a CBP spokesman said by email. CBP "has taken enforcement actions to prevent the North Korean goods from entering the U.S. supply chain on a number [15] of shipments involving manufacturing performed or suspected to be performed by the labor of North Korean nationals or citizens, which is prohibited under the Countering America’s Adversaries through Sanctions Act (P.L. 115-44)," he said by email. Acting CBP Commissioner Kevin McAleenan mentioned some holds on seafood shipments from China in October during a Senate hearing (see 1710240033)

President Donald Trump signed into law new sanctions against North Korea over the summer (see 1708020030) that prohibit imports of goods made using North Korean forced labor. "Any significant merchandise mined, produced, or manufactured wholly or in part by North Korean nationals or citizens is presumed to be in violation of 19 U.S.C. § 1307 and prohibited from entry into the United States unless CBP finds through clear and convincing evidence that the merchandise was not produced with a form of prohibited labor," the spokesman said. "CBP has partnered with Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI) to consider further actions.”

McAleenan provided more information on some of the held shipments in written responses to questions during the Senate hearing. In response to the new law, the Office of Field Operations "issued an Action memorandum to the Centers directing them to issue requests for information to approximately 235 importers," McAleenan said. "This effort focuses on manufacturers and importers with links to the areas within China suspected of using the labor of North Korean nationals to manufacture goods destined for the United States." CBP updated its informed compliance guide on "Reasonable Care" in November (see 1711070046), which may mark an initial step toward a tougher forced labor enforcement posture (see 1712120026).