CBP Issues Five New Withhold Release Orders Over Forced Labor Concerns

CBP issued five new withhold release orders on Oct. 1, preventing imports of multiple products due to the possible use of forced or child labor in the supply chains, the agency said in a news release. The WROs are dated Sept. 30 on CBP's list of orders. Importers of affected goods will "have the opportunity to either re-export the detained shipments at any time or to submit information to CBP demonstrating that the goods are not in violation," CBP said.

Asian products affected by the WROs are "garments produced by Hetian Taida Apparel Co., Ltd. in Xinjiang, China; produced with prison or forced labor" and "disposable rubber gloves produced in Malaysia by WRP Asia Pacific Sdn. Bhd.; produced with forced labor," CBP said. WRP Asia Pacific exported $79.5 million worth of the rubber gloves in 2018, said Brenda Smith, executive assistant commissioner of CBP's Office of Trade, at a press conference held Oct. 1 to announce the WROs.

From Africa, the WROs cover "gold mined in artisanal small mines (ASM) in eastern Democratic Republic of the Congo (DRC); mined from forced labor" and "rough diamonds from the Marange Diamond Fields in Zimbabwe; mined from forced labor." The last WRO covers "bone black manufactured in Brazil by Bonechar Carvão Ativado Do Brasil Ltda; produced with forced labor," the agency said. Bone Black is a powdered carbon product made from burned cow bones and used in the water filtration and sugar refining industries, Smith said.

CBP didn't say what prompted the investigations, but noted that investigations may be self-initiated, a result of allegations from the public or news stories, among other sources. “CBP works extensively with our stakeholders, the media, and private sector businesses to gather information on forced labor in global supply chains and educate importers on U.S. compliance standards,” said Todd Owen, executive assistant commissioner, CBP Office of Field Operations, “And we encourage the trade community to know their supply chains to ensure goods imported into our country are not produced with forced labor.”

The value of legitimate imports covered by the WROs is "relatively low," Smith said at the press conference. "In many cases there is not a great deal of activity, and certainly not activity that is identified as, gold, for example, or diamonds from the artisanal mines. Very often those products are sent elsewhere for further processing, and so part of our challenge is finding them as they come into the United States," Smith said. China was the only country of the five to have previously been subject to a WRO.

Senate Finance Committee Ranking Member Ron Wyden, D-Ore., applauded the move. “No products made by slave or forced child labor should be coming into the United States,” Wyden said. “I therefore commend CBP for stepping up today and banning five additional products made with forced or prisoner labor from entering the U.S. I hope that this administration will continue to work with human rights organizations and the business community to ensure this loophole stays closed and enforce our tough trade policies that protect American workers and values.”