On May 4, 2021, U.S. Customs and Border Protection (CBP) announced the seizure of almost 4 million nitrile disposable gloves valued at over half a million dollars. The seizure was made following the receipt of information leading to a March 29, 2021, forced labor finding against Malaysia-based Top Glove Corporation Bhd (Top Glove). The finding determined that disposable gloves produced by Top glove have been mined, produced, or manufactured with the use of convict, forced, or indentured labor.

The Agency’s Press Release included 4 out of the 11 possible forced labor indicators:
• Debt bondage
• Excessive Overtime
• Abusive living and working conditions
• Retention of Identify Documents

Additional forced labor indicators include: Abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, and withholding of wages

Accordingly, Port officials were given the authority to seize gloves under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 3926.20.1020, 4015.11.0150, 4015.19.0510, 4015.19.0550, 4015.19.1010, 4015.19.1050, and 4015.19.5000 made in whole or in part by Top Glove.

Diann Rodriguez, Area Port Director-Cleveland stated that the “seizure sends a strong message that CBP will not tolerate imports made by forced labor, which is a form of modern slavery that hurts vulnerable workers and threatens our economy.”

A copy of the press release is available here.

For more information on actions addressing human rights and forced labor abuses, contact our team and see previous posts below.

Xinjiang Archives | International Trade Law (cmtradelaw.com)

Forced Labor/U.K. Modern Slavery Act Archives | International Trade Law (cmtradelaw.com)

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Photo of John Brew John Brew

John Brew is the co-chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office. He has extensive experience in import and export trade regulation, and he regularly advises corporations, trade associations, foreign governments, and non-governmental organizations…

John Brew is the co-chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office. He has extensive experience in import and export trade regulation, and he regularly advises corporations, trade associations, foreign governments, and non-governmental organizations on matters involving customs administration, enforcement, compliance, litigation, legislation and policy.

John represents clients in proceedings at the administrative and judicial levels, as well as before Congress and the international bureaucracies that handle customs and trade matters. He advises clients on all substantive import regulatory issues handled by U.S. Customs and Border Protection and Immigration and Customs Enforcement, such as classification, valuation, origin, marking, tariff preference programs, other agency regulations, admissibility, import restrictions, quotas, drawback, audits, prior disclosures, penalties, investigations, Importer Self Assessment and Customs-Trade Partnership Against Terrorism programs, importations under bond, the Jones Act, vessel repairs, and foreign trade zone matters.

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Photo of Jeffrey L. Snyder Jeffrey L. Snyder
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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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