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Forced Labor

Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307) prohibits the importation of merchandise mined, produced or manufactured, wholly or in part, in any foreign country by forced labor – including forced child labor. Such merchandise is subject to exclusion and/or seizure, and may lead to criminal investigation of the importer(s).

When information reasonably but not conclusively indicates that merchandise within the purview of this provision is being imported, the Commissioner of U.S. Customs and Border Protection (CBP) may issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). If the Commissioner is provided with information sufficient to make a determination that the goods in question are subject to the provisions of 19 U.S.C. § 1307, the Commissioner will publish a formal finding to that effect in the Customs Bulletin and in the Federal Register pursuant to 19 C.F.R. § 12.42(f).

How You Can Help

CBP regulations state that any person who has reason to believe that merchandise produced by forced labor is being, or is likely to be, imported into the United States may communicate his belief to any Port Director or the Commissioner of CBP (19 C.F.R. § 12.42). This may be accomplished by submitting detailed information to CBP which satisfies the requirements of 19 C.F.R. § 12.42(b).

Trade fraud violations may also be reported via the e-Allegations Online Trade Violation Reporting System at https://apps.cbp.gov/eallegations. Allegations may be reported anonymously. The more detailed and timely the information you provide, the more likely the enforcement action can be successful.

Key Points

  • The Trade Facilitation and Trade Enforcement Act of 2015 was signed by the President on February 24, 2016. The law repealed the “consumptive demand” clause in 19 U.S.C. § 1307. The clause had allowed importation of certain forced labor-produced goods if the goods were not produced “in such quantities in the United States as to meet the consumptive demands of the United States.” Repeal of the consumptive demand exception should enhance CBP’s ability to prevent products made with forced labor from being imported into the United States.
  • CBP acts on information concerning specific manufacturers/exporters and specific merchandise. The agency does not generally target entire product lines or industries in problematic countries or regions.
  • CBP partners with U.S. Immigration and Customs Enforcement and other participating U.S. government agencies to investigate forced labor allegations.
  • CBP encourages stakeholders in the trade community to closely examine their supply chains to ensure goods imported into the United States are not mined, produced or manufactured, wholly or in part, with prohibited forms of labor, i.e., slave, convict, forced child, or indentured labor.
  • The list below shows all withhold release orders issued by the Commissioner and findings published in the Federal Register. CBP does not generally publicize specific detentions, re-exportations, exclusions, or seizures of the subject merchandise that may have resulted from the withhold release orders or findings.

Other References

Fact Sheet: Repeal of the Consumptive Demand Clause
Fact Sheet: Q and A: Repeal of the Consumptive Demand Clause

 

#

Date

Merchandise

Manufacturer(s)

Status

CHINA 

Detention Orders

1a 10/3/1991 Wrenches Shanghai Laodong Machinery Plant, a/k/a Shanghai Complete Set of Labour Tool Company, a/k/a Shanghai Laodong Machinery Factory REVOKED by Memo from Commissioner dated 10/28/1996
1b 10/3/1991 Steel Pipe Shanghai Laodong Steel Pipe Works REVOKED by Memo from Commissioner dated 10/28/1996
2 10/25/1991 Hand Tools Shanghai Laodong Machinery Plant (expands D.O. #1a above) REVOKED by Memo from Commissioner dated 10/28/1996
3 10/29/1991 Socks Beijing Qinghe Hosiery Factory, a/k/a Beijing Prison Number 1 REVOKED by T.D. 93-94 dated 12/13/1993.  See Finding #2 below.
4 11/6/1991 Planing Machines Xiang-Yang Machinery Plant Active
5 11/14/1991 Diesel Engines Yunnan Machinery, a/k/a Golden Horse (JinMa) Diesel Factory, a/k/a Yunnan 1st Prison Active.  See Finding #1 below.
6 12/2/1991 Machine Presses Xuzhou Forging and Pressing Machine Works Active.  See Finding #4 below.
7 1/7/1992 Diesel Engines and Textile Machinery Dezhou Shengjian Machine Works REVOKED by Memo from Commissioner dated 10/13/2000
8 2/25/1992 Galvanized Pipe Shandong Laiyang Heavy Duty Machinery Factory Active
9 2/25/1992 Tea Red Star Tea Farm REVOKED by T.D. 94-76 dated 9/30/1994.  See Finding #3 below.
10 5/22/1992 Grapes Qinghe Farm, a/k/a Qing He Farm, a/k/a Qinghe Labor Reform Farm, a/k/a Beijing Number 1 Labor Reform Detachment REVOKED by Memo from Commissioner dated 1/7/1994
11 5/22/1992 Sheepskin and Leather Qinghai Hide & Garment Factory, a/k/a Qinghai Leather and Wool Bedding and Garment Factory, a/k/a Qinghai Fur and Cloth Factory Active.  See Finding #5 below.
12 6/24/1992 Hand Tools Shanghai Laodong Machinery Plant (amends D.O. #1a and #2 above) REVOKED by Memo from Commissioner dated 10/28/1996
13 6/26/1992 Cast Iron Items Wang Tsang Coal and Iron Factory Active
14 6/26/1992 Tea Miao Chi Tea Farm Active
15 7/15/1992 Auto Parts and Machinery Ya An Auto Parts Factory, a/k/a Sichuan (Szechuan) Bin-Jiang Enterprises Company Active
16 7/15/1992 Drilling Machines Zi Gong Machinery Factory, a/k/a Zigong Machinery Factory, a/k/a Sichuan (Szechuan) Zigong Labor Reform Detachment Active
17 7/17/1992 Sulfuric (Sulphuric) Acid Da Wei Chemical Factory Active
18 8/3/1992 Electric Fans and Zinc-Coated Wire Sichuan (Szechuan) Xinsheng (New Life) Labor Factory, a/k/a Xinsheng (New Life) Labor Factory Active
19 8/14/1992 Asbestos Hsin Kang Asbestos Mine, a/k/a Sichuan (Szechuan) Pin Chiang Enterprise Company Active
20 7/8/1993 Hoists Wulin (or Wuling) Machinery Works, a/k/a Hangzhou Wulin Machinery Plant, a/k/a Hangzhou Wulin Machinery Works, a/k/a Zhejiang Province No. 4 Prison Active
21 8/6/1993 Hoists Wuyi Machinery Plant, a/k/a Zhejiang Light Duty Lifting Machinery Factory China, a/k/a Zhejiang Province No. 1 Prison Active
22 9/1/1993 Rubber Gloves, Condoms, Rubber Raincoats, and Rubber Footwear Shenyang New Life Rubber Factory, a/k/a Shenyang Xingsheng (or Xinsheng) (New Life) Rubber Plant, a/k/a Shenyang No. 2 Laogai Detachment, a/k/a Shenyang Dabei Prison, a/k/a Shenyang Model Prison Active
23 9/3/1993 Rubber Vulcanization Accelerators Shenyang Xinsheng (New Life) Chemical Works, a/k/a Shenyang Dongbei Assistant Agent Main Factory, a/k/a Xinsheng Chemical Factory, a/k/a Shenyang No. 1 Laogai Detachment, a/k/a Shenyang Reform Through Labor Second Reform Division Active
24 12/21/1994 Artificial Flowers Guangzhou No. 1 Reeducation-Through-Labor Camp, a/k/a Guangdong Province No. 1 Reeducation-Through-Labor Camp; Kwong Ngai Industrial Company Active
25 4/27/1995 Tea Nanhu Tree Farm, Zhejiang Sanmei Tea Co., Ltd.; Imaizumi Tea Manufacturing & Trading Co., Ltd. (of Nagoya, Japan) Active
26 10/6/1995 Malleable Iron Pipe Fittings Tianjin Malleable Iron Factory, a/k/a Tianjin Tongbao Fittings Company, a/k/a Tianjin No. 2 Malleable Iron Plant, a/k/a Tianjin Secondary Mugging Factory, a/k/a Tianjin No. 2 Prison Active.  See Finding #6 below.
27 3/29/2016 Soda Ash, Calcium Chloride, Caustic Soda, and Viscose/Rayon Fiber Tangshan Sanyou Group and its Subsidiaries Active
28 3/29/2016 Potassium, Potassium Hydroxide, Potassium Nitrate Tangshan Sunfar Silicon Industries Active
 

Findings

1 3/18/1992 Diesel Engines Golden Horse ("Jinma") Diesel Engine Factory Active.  Effective 3/23/1992.  Reference TD 92-27.  See D.O. #5 above.
2 7/7/1992 Socks Beijing Quinghe Hosiery Factory  REVOKED by T.D. 93-94 of 12/13/1993.  Original finding in T.D. 92-66 was effective 7/13/1992.  See D.O. #3 above.
3 7/7/1992 Tea Red Star Tea Farm REVOKED BY T.D. 94-76 of 9/30/1994.  Original finding in T.D. 92-67 was effective 7/13/1992.  See D.O. #9 above.
4 8/14/1992 Machine Presses Xuzhou Forging and Pressing Machine Works Active.  Effective 8/19/1992.  Reference T.D. 92-78.  See D.O. #6 above.
5 6/11/1993 Sheepskin and Leather Qinghai Hide and Garment Factory Active.  Effective 6/16/1993.  Reference T.D. 93-41.  See D.O. #11 above.
6 4/23/1996 Malleable Iron Pipe Fittings Tianjin Malleable Iron Factory Active.  Effective 4/29/1996.  Reference T.D. 96-34.  See D.O. #26 above.
 

INDIA

Detention Order

1 11/23/1999 Beedie Cigarettes and Other Tobacco Products Mangalore Ganesh Beedie Works Active
 

JAPAN

Detention Order

1 6/12/1994 Video Games and Connector Plugs Thereof Fuchu Prison; Union Kogyo Co., Ltd. Active
 

MEXICO

Findings

1 12/28/1953 Furniture State Penitentiary, Ciudad Victoria, Tamaulipas, Mexico Active.  Effective 1/5/1954.  Reference T.D. 53408.
2 10/29/1958 Furniture, Clothes Hampers, and Palm Leaf Bags State Penitentiary, Ciudad Victoria, Tamaulipas, Mexico Active.  Effective 11/5/1958.  Reference T.D. 54725.
 

MONGOLIA

Detention Order

1 11/28/2000 Mens' and Girls' Wearing Apparel Dong Fang Guo Ji, Wuxi Guangming (parent company) REVOKED by Memo from Acting Commissioner dated 7/23/2001
 

NEPAL

Detention Order

1 7/21/1998 Carpets, Hand-Knotted Wool Kumar Carpet Pvt., Singhe Carpet Pvt., Ltd., Norsang Carpet Industries Pvt., Ltd., Annapurna Carpet, Everest Carpet, Valley Carpet, and K.K. Carpet Industries; Kathmandu.  Partially active.  Norsang Carpet Industries Pvt., Ltd., Everest Carpet, and K.K. Carpet were REVOKED by Memo from Commissioner on 10/6/1998.
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