In light of increased U.S. actions and rising global concerns over reports of forced labor in Xinjiang, U.S. Customs and Border Protection (CBP) has issued the following Q&A responses:
- What is the scope of the Xinjiang Uyghur Autonomous Region (XUAR) Withhold Release Order (WRO)?
- Can imported goods within the scope of the WRO be seized if they were imported and/or received prior to the WRO being put in place?
- Does the WRO apply to goods in a Foreign Trade Zone (FTZ) or warehouse?
- Will CBP communicate detentions directly to importers or will it communicate with customs brokers? Will detention communications specify that the detention is because of the WRO or provide specific instructions to the importers on how to respond?
Proof of Admissibility
- What guidance can CBP offer regarding proof of admissibility?
- What evidence will CBP require from importers who have goods detained pursuant to the WRO to prove that the goods were not produced with forced labor?
- If an importer has a shipment detained, who should importers work with to demonstrate their shipment is compliant? Should importers work with the port of entry executing the detention or the importer’s assigned Center of Excellence?
Due Diligence/Best Practices
- What are best practices recognized by CBP for importers to ensure their suppliers are not engaging in forced labor?
- How should importers ensure due diligence if they do not have a direct relationship with the upstream suppliers/manufacturers?
- Will CBP allow importers to remove and enter goods that are not subject to the WRO from containers that include detained goods? What is the process for entering such containers?
- Will CBP treat individual company information confidentially with respect to enforcement?
For more information on actions addressing human rights and forced labor abuses, contact our team and see previous posts below.
Forced Labor/U.K. Modern Slavery Act Archives | International Trade Law (cmtradelaw.com)
Xinjiang Archives | International Trade Law (cmtradelaw.com)