U.S. Customs and Border Protection indicated recently that it is advancing efforts to use isotopic testing in the context of its enforcement of prohibitions on imports of goods made with forced labor.
19 USC 1307 prohibits imports of all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor and/or forced labor and/or indentured labor under penal sanctions. CBP regulations allow the agency to issue withhold release orders providing for the detention of imported goods for which it has information reasonably indicating that the goods are in violation of 19 USC 1307.
Further, the Uyghur Forced Labor Prevention Act establishes a rebuttable presumption that goods made wholly or in part in China’s Xinjiang Uyghur Autonomous Region are made with forced labor and are therefore excluded from entry into the U.S. pursuant to 19 USC 1307. Even companies not importing directly from China may have goods detained if the materials used to produce those goods in a second country are tied at any level to the XUAR or specific entities or commodities associated with forced labor in China.
In April 2024 the Department of Homeland Security announced an enhanced strategy to combat illicit trade in textile and apparel products that includes improved screening of packages for violations related to forced labor and other issues. Expanded use of isotopic testing is among the tools DHS said it planned to use as part of that strategy. Such testing allows improved identification of the geographical origin of raw materials; e.g., whether cotton used in apparel was produced in the XUAR.
A document submitted for the September 2024 meeting of CBP’s Commercial Operations Advisory Committee noted that CBP is working with COAC to create an isotopic testing guide and that COAC has provided feedback on an initial draft. Upcoming meetings will focus on finalizing this guide, though no timeline for completion was specified. Further, CBP is planning to launch in late fiscal year 2024 or early FY 2025 three new laboratories in Savannah, Los Angeles, and New York to focus on isotopic testing.
The document noted that CBP has also taken other steps in recent months to improve its forced labor enforcement activities. This includes updating the agency’s website to provide additional transparency and guidance to importers, including the translation of five fact sheets into French and Spanish, and engaging with stakeholders on new and emerging technologies to glean insights and lessons about forced labor risk management. CBP also anticipates deploying this fall a new centralized public website portal to submit forced labor allegations, requests for withhold release order/finding modifications, UFLPA exception reviews, CAATSA exception reviews, UFLPA applicability reviews, and WRO admissibility reviews.
Sandler, Travis & Rosenberg has a robust program to assist companies on forced labor issues. ST&R also maintains a frequently updated web page offering a broad range of information on forced labor-related efforts in the U.S. and around the world. For more information, please contact ST&R at supplychainvisibility@strtrade.com.
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