CBP Should Use Forced Labor 'Red Flags' to Initiate Seizures of Imports From Xinjiang, CSIS Says
CBP should allow for seizures of goods from the Xinjiang region of China if there are certain "red flags" that indicate the use of forced labor, the Center for Strategic and International Studies said in an Oct. 16 report. The use of red flags is necessary "due to a lack of meaningful access to Xinjiang and the level of surveillance and repression there that render audits and other traditional fact-finding impossible," CSIS said. The report was released ahead of an Oct. 17 Congressional-Executive Commission on China hearing on the use of forced labor by Uighurs and other Turkic Muslim minorities detained in internment camps.
Sometimes "a single red flag could be deemed sufficient for a seizure, while in other cases, seizures might be based on several being triggered, depending on the type of red flag," CSIS said. CBP's enforcement "should first target companies that are importing products directly from Xinjiang that are connected to forced labor, as the importers should already be on notice of these risks," it said. Among the suggested red flags are the use of factories near or in detention facilities, "participation in the government’s poverty alleviation and/or pairing," and "a company with ownership linkages to a company known to be part of the system of prison labor in Xinjiang," CSIS said.
Unlike the situation in the recently issued withhold release order on garments made by Hetian Taida Apparel in Xinjiang (see 1910010017), it's very difficult to find hard evidence of forced labor in the region, the researchers said. That WRO occurred because of a Workers Rights Consortium report that showed "a U.S. company allegedly imported directly from the Hetian Taida factory in Xinjiang, which used the detention facility’s address in its shipping information" and "Chinese news media showed an image of an employee from the U.S. company at the factory," CSIS said. Usually, "more due diligence will be needed, and the results will not be as clear," it said.
Apparel seems to be the most intertwined with goods from the region, "other affected products containing textiles could include automobiles, furniture, or toys," CSIS said. "Xinjiang is also a major producer of tomato paste, lavender, and hops," the think tank said. The American Apparel and Footwear Association is "deeply concerned by reports on labor practices in Xinjiang province," it said in a statement. "In the interest of our mutually beneficial trade relationship, and to quickly address this evolving challenge, we respectfully ask the Chinese government to facilitate all due diligence measures to assure a clear understanding of the facts and that necessary actions are being taken to protect workers from forced labor." CBP didn't comment.