CBP Provides Details on WRO Modification and Revocation Processes

CBP posted a new fact sheet on the process for modifying or revoking withhold release orders issued out of suspicion that forced labor was used in the supply chain of imported goods. The fact sheet follows a recent Government Accountability Office report that recommended that CBP provide more information on the subject (see 2103010042).

Companies that ask CBP to revoke or modify a WRO should provide information demonstrating that International Labour Organization forced labor indicators don't apply, CBP said. Such information may include evidence that “refutes each identified indicator of forced labor;” documentation that “policies, procedures, and controls are in place to ensure that forced labor conditions are remediated;” and proof of “implementation and subsequent verification by an unannounced and independent third-party auditor.” CBP also suggests providing “supply chain maps that specify locations of manufacturers, factories, farms, and processing centers.”

After CBP gets a petition, it “will evaluate submissions and engage in remediation dialogue with the petitioner via questions or requests for additional information throughout the review,” the agency said. “If the forced labor indicators are addressed and fully remediated, then CBP will make a determination to modify or revoke. CBP will not modify or revoke unless all forced labor indicators are remediated.”