Scope and Related Authorities. Withhold Release Orders and Findings listed on CBP.gov; Department of Labor’s List of Goods Produced with Child and Forced Labor; and; Department of State’s Trafficking in Persons Report. All Withhold Release Orders are publicly available and listed by country on CBP.gov. United States: CBP Enforces Withhold Release Orders (WROs) 03 December 2019 by Anna Maria Annino , KUALA LUMPUR (March 2): The US government’s accountability office has called for the US Customs and Border Patrol (CBP) to publicly disclose the process for modifying or revoking a Withhold Release Order (WRO) issued on products suspected of using forced labour entering the US. CBP issued a statement that the WROs were based on information obtained and reviewed by CBP that indicated that the products are produced, in whole or in part, using forced labor. The order is based on information that indicates the use of forced labor in the production of the goods. WASHINGTON — U.S. Customs and Border Protection (CBP) has modified an existing Withhold Release Order (WRO) on imports of tobacco from Malawi. U.S. FAQs on withhold release order, imports produced by forced labor in China’s Xinjiang region U.S. FAQs on withhold release order U.S. Customs and Border Protection (CBP) issued a set of “frequently asked questions” (FAQs) regarding the Xinjiang Uyghur Autonomous Region “withhold release … “CBP independently verifies all information submitted in support of petitions to modify or revoke withhold release orders and forced labour findings,” the spokesman said in an email. U.S. Customs and Border Protection, Forced Labor Enforcement, Withhold Release Orders, Findings, and Detention Procedures The latest WRO was issued against imports of cotton and tomatoes and their related downstream products produced in whole or in part in the Xinjiang region. On September 14, 2020, U.S. Customs and Border Protection (CBP) issued five Withhold Release Orders (WROs) for a range of goods produced in the Xinjiang region of China. Under the Tariff Act, CBP has the power to issue a “Withhold Release Order” or “WRO” to prevent specific imports from being released in the United States. Consumers can learn more about regions and industries that are at high risk of forced labor by reviewing the: Withhold Release Orders and Findings listed on CBP.gov; After issuance of such a withhold release order, the covered merchandise will be detained by CBP for an admissibility determination, and will be excluded unless the importer demonstrates that the merchandise was not made using labor in violation of 19 U.S.C. CBP has increased forced labor investigations and civil enforcement actions, but managers lack complete and consistent data summarizing cases. CBP issued a Withhold Release Order (WRO) against cotton products and tomato products produced in Xinjiang based on information that reasonably indicates the use of detainee or … Partially active, viscose and rayon fiber have been removed from the order on October 12, 2016. Since the enactment of TFTEA in 2016, CBP has issued 11 active WROs. These are the first such orders since the passage of the Trade Facilitation and Trade Enforcement Act (H.R. § 12.42(e). Recently, CBP also banned the import of cotton and tomatoes from Xinjiang over similar claims. February 24, 2021 . In September 2020, CBP issued a separate Withhold Release Order against another Malaysian palm oil producer, FGV Holdings Berhad. In Fiscal Year 2020, CBP has issued an unprecedented 13 WROs in a single fiscal year, including 8 WROs on products from China. Last week, US Customs and Border Protection (CBP) issued another withhold release order (WRO) on certain imported goods from China. On March 5, 2021, US Customs and Border Protection (“CBP”) issued a new factsheet regarding how Withhold Release Orders (“WROs”) might be modified or revoked by CBP (“WRO Modification and Revocation Guidance”), which builds upon previous guidance by CBP on similar issues, including the factsheet issued on August 6, 2020. [2] The actions show that CBP is actively enforcing the forced labor provision within the Trade Facilitation and Trade Enforcement Act of 2015. CBP has the authority to issue Withhold Release Orders (WRO) when information “reasonably indicates” that merchandise was mined, produced, or manufactured, wholly or in part, in any foreign country by forced, prison, or indentured labor. In the past, WROs were typically limited to specific manufacturers and producers. § 12.42(e), if CBP is presented with reasonable (not necessarily conclusive) evidence of forced labor, the Commissioner can issue a Withhold Release Order (WRO). Effective July 31, 2020, tobacco imported from Limbe Leaf Tobacco Company Ltd. (LLTC) will be admissible at all U.S. ports of entry. WASHINGTON — Effective December 30, 2020, U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain palm oil and products containing palm oil produced by Sime Darby Plantation Berhad and its subsidiaries, joint ventures, and affiliated entities in Malaysia. On September 14, 2020, U.S. Customs and Border Protection (CBP) announced five Withhold Release Orders (WROs) against products from certain factories and companies doing business primarily in the Xinjiang Uyghur Autonomous Region (XUAR) of China based on allegations of forced labor. That Withhold Release Order was one of 13 that CBP issued during Fiscal Year 2020. CBP addresses how to modify or revoke “withhold release orders” when forced labor is involved CBP addresses how to modify or revoke WRO U.S. Customs and Border Protection (CBP) posted on its website a “fact sheet” concerning its processes for modifying or revoking “withhold release orders” that are issued when the imports were produced with the use of forced labor. That Withhold Release Order was one of 13 that CBP issued during Fiscal Year 2020. This action was based on information obtained and reviewed by CBP that indicates that the products are produced, in whole or in part, using forced labor. In addition, due to the tie-in, the Administration has drawn between the entity and forced labor in the Xinjiang Province, there is a risk that garments made from cotton produced by XPCC could be subject to a Customs and Border Protection withhold release orders (WRO). That Withhold Release Order was one of 13 that CBP issued during the U.S. federal Fiscal Year 2020. Withhold release orders are typically issued against types of goods and specific producers from specific countries. CBP has issued 12 such orders in fiscal 2020 thus far, according to the statement, eight of which concerned products manufactured in China. US CBP Forced Labor Process and Withhold Release Order Registry Reporting of allegations of forced labor can be made directly to any Port Director or the Commissioner of CBP (19 C.F.R. 1 CBP detained the importer's shipment pursuant to a Withhold Release Order (WRO) on … Dive Brief: Customs and Border Protection (CBP) issued five Withhold Release Orders (WRO) this week covering products it believes to be made either in whole or in part with the use of forced labor, according to an agency press release. Between 2000 and 2015, CBP had issued zero. There have been 4 Withhold Release Orders issued in FY 2021. U.S. Customs and Border Protection (CBP) issued five “Withhold Release Orders” (WRO) on imports from companies that produce cotton, clothing and computer parts in the Xinjiang region of China, according to the Associated Press (AP). CBP may issue an order to wit hhold release from CBP’s custody of any goods that are suspected of having been produced with forced labor. 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. In the past five years, CBP has issued nearly 30 “withhold release orders” (WROs), which bar the entry of certain goods suspected of being produced with forced labor. CBP, Withhold Release Orders and Findings. Withhold Release Orders are targeted bans on the import of products from a company or region based on the use of forced labor. However, the … The importer may also export the merchandise. 1 CBP, National Media Release, CBP Issues Detention Order on Tuna Harvested by Forced Labor Aboard the Tunago No. These withhold release orders were the first orders issued in over a decade related to forced labor. A list of all CBP withhold release orders and findings is available here. CBP encourages stakeholders to closely examine their supply chains to ensure that imported goods are not mined, produced, or manufactured, wholly or in part, with prohibited forms of labor; i.e., slave, convict, forced child, or indentured labor. CBP detained shipments under 13 Withhold Release Orders (WRO) from 2016 through 2019, as shown in the figure below. Most WROs are for a good made from a particular manufacturer, however, some ban important of the merchandise produced anywhere in the country. WRO’s target products, countries, regions and certain manufacturers. 61. The orders direct CBP Officers at all ports of entry to the United States to withhold release of the goods. “CBP recognizes the impact that withhold release orders have on importers and exporters, therefore we diligently work to carefully and thoroughly review petitions and admissibility requests,” said Brenda Smith, Executive Assistant Commissioner of CBP’s Office of Trade. All WROs are publicly available and listed by country on CBP’s Forced Labor Withhold Release Orders and Findings page. CBP said the products subject to the WROs are produced with state-sponsored forced labor in the Xinjiang Uyghur Autonomous Region, where the Chinese government is engaged in systemic human rights … As of January 28, 2021, there are currently 47 active Withhold Release Orders and 7 active Findings. CBP says it modified the November 2019 Withhold Release Order based on a rigorous evaluation of PTML's social compliance program and efforts to … Withhold release orders are usually issued against types of goods and specific producers from specific countries. Since 2016, CBP has increased the use of Section 307. In the past five years, CBP has issued nearly 30 “withhold release orders” (WROs), which bar the entry of certain goods suspected of being produced with forced labor. In the past, WROs were typically limited to specific manufacturers and producers. The orders will require detention at all US ports of entry of any such merchandise manufactured by these companies. See U.S. Customs and Border Protection, Forced Labor Enforcement, Withhold Release Orders, Findings, and Detention Procedures. All Withhold Release Orders are publicly available and listed by country on CBP… 61, available here; CBP's Withhold Release Orders and Findings page, available here, confirming WRO date. According to the End Uyghur Forced Labour Coalition, one in five cotton garments sold globally contains fiber or yarn sourced from the Xinjiang region. The “Withhold Release Orders” let the agency detain shipments based on suspicion of forced-labor involvement under long-standing U.S. laws to … § 12.42(e) , which will exclude the imported merchandise from entry when information reasonably, but not conclusively, indicates that the merchandise meets the criteria in 19 U.S.C. This older enforcement mechanism allows CBP to issue “withhold release orders” (or WROs) for shipments of articles manufactured by a specific named foreign entity, which CBP has reason to believe may have been produced with forced labor. 2 19 U.S.C. All Withhold Release Orders are publicly available and listed by country on CBP… An importer may challenge the imposition of a WRO, but only on a shipment-by-shipment basis. All Withhold Release Orders are publicly available and listed by country on CBP's Forced Labor Withhold Release Orders and Findings page. The investigation can result in the issuance of detention or withhold-release orders of the merchandise or in exclusion and/or seizure orders. Smith said the withhold release orders have been issued to CBP at the U.S. ports of entry targeting those imports. On September 30, 2019, U.S. Customs and Border Protection (CBP) issued five Withhold Release Orders (WROs). On February 12, 2021, U.S. Customs and Border Protection (CBP) published Frequently Asked Questions (FAQs) on the Xinjiang Uyghur Autonomous Region (XUAR) Withhold Release Order (WRO). The Withhold Release Order continues to apply to imports of tobacco from Malawi by any company that has not demonstrated to CBP that its supply chain is free of forced labor. CBP will issue new "Withhold Release Orders" on hair products, linen, cotton fabrics and computer parts from four companies in the Xinjiang region. U.S. Customs and Border Protection Issues Withhold Release Order Barring Imports from Fishing Vessel February 6, 2019 In the context of the $6.5 billion worth of shrimp imported into the United States from all over the world in 2017, the $4.6 million in shrimp we imported from Myanmar (Burma) that year was just a small drop in a huge ocean. Enforcement of this law has increased substantially after a 2015 amendment closed the consumptive demand loophole.. As a reminder, a WRO can be issued when CBP … L. 114-125 § 910. In September 2020, CBP issued a separate Withhold Release Order against another Malaysian palm oil producer, FGV Holdings Berhad. See our Whitepaper on WRO’s.
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