Customs has become more active in the prohibition of imported goods if they are manufactured using forced, indentures or prison labor.  

An example is action taken by CBP on March 29 issued a finding directing the seizure disposable gloves from Malaysia manufactured by Top Glove Corporation Bhd pursuant to a WRO issued in July 2020. 

When a WRO is issued, if an importer contends their merchandise is not manufactured using forced labor, the burden of proof is on them.  Under the current regulations, importers have three months to provide Customs with a certificate of origin, certifying the merchandise was not so produced, and a statement providing proof of the same.

The statement should include evidence of the following:

•     Provide evidence of a diligent investigation
•     Provide evidence of permissible labor
•     Provide evidence of pre-existing internal controls

For further information relative to this matter, please see the below links: 

1. https://www.govinfo.gov/content/pkg/CFR-2013-title19-vol1/pdf/CFR-2013-title19-vol1-sec12-42.pdf
2. https://www.law.cornell.edu/cfr/text/19/12.43
3. https://www.lexology.com/library/detail.aspx?g=28da20bd-d18a-4670-a439-c1cb1a35637a

Crane Trade Services can assist you with questions.  For assistance please contact CWTSConsulting@craneww.com.