Suspected goods made from Chinese forced labor seized by CBP.

Image of seized gloves; source: CBP.gov

CBP seized 32 cartons of women’s leather gloves suspected of being manufactured by forced labor. CBP believes the shipment may have been made from forced labor because the shipment originated from the Xinjiang Uyghur Autonomous Region. As you may or may not know, the Xinjiang region is where the CBP media release reports the Chinese is committing human rights abuses against the Uyghur people and other ethnic and religious minorities.

The shipment was detained under a “Withhold Release Order” (WRO) against Yili Zhuowan Garment Manufacturing Company Limited and Baoding LYSZD Trade And Business Company Limited. A WRO is typically issued against a manufacturer after CBP conducts an investigation. The investigation will look for forced labor indicators such as restriction of movement, isolation, intimidation, threats, withholding of wages and abusive working and living conditions.

If CBP issues a WRO, this enables CBP personnel at the port of entry to detain the shipment if there is a reasonable belief the goods were made by forced labor. WRO seizures are not able to be admitted to the US and Importer of Records of WRO goods have 90 days to re-export detained shipments or submit proof to CBP the goods were not made with forced labor.

If your goods are subject to a WRO and you want to discuss your options – contact David Hsu by phone/text at anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP issues detention order on clothing made from prison labor.

curious isolated young woman looking away through metal bars of fence with hope at entrance of modern building
Photo by Andrea Piacquadio on Pexels.com

Last week, U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) against garments produced by the “Hero Vast Group”. According to Customs, the Hero Vast Group includes entities such as: Shanghai Hero Vast International Trading Co., Ltd.; Henan Hero Vast Garment Co., Ltd.; Yuexi Hero Vast Garment Co., Ltd.; Ying Han International Co., Ltd.; and Hero Vast Canada Inc.

Under 19 USC 1307, you cannot import merchandise mined, manufactured, or produced through use of forced labor such as child labor, convict labor or through indentured labor.

CBP believes the Hero Vast Group is violation 19 USC 1307 by the use of prison labor to produce garments.

If you are subject to a withhold release order and your goods are detained, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com. Our office may be able to

Tobacco from Malawi’s Alliance One International no longer subject to withhold release order.

Photo by Pixabay on Pexels.com

Earlier today, U.S. Customs and Border Protection (CBP) changed a withhold release order (WRO) to allow tobacco from Malawi’s Alliance One International, LLC.

What is a withhold release order (WRO)?
A WRO is used by CBP to prevent the importation of goods from companies with a reasonable suspicion of being produced using forced labor.

How do you cancel a WRO?
CBP will require an audit of the company to cancel a WRO. In the instant article, Alliance One International’s social compliance program was likely evaluated and found by Customs to minimize the risks of forced labor from the supply chain. Alliance One likely had to demonstrate to CBP the the tobacco produced and harvested from their farms does not use forced labor.

Does this impact the other tobacco growers on Malawi?
No, the WRO will continue to apply to imports of tobacco from Malawi by any other company that has not demonstrated to CBP there is no forced labor in its supply chain.

Can you tell me more about a WRO?
The WRO was born out of Federal statute 19 U.S.C. 1307. This statute prohibits importation of merchandise mined, manufactured or produced, wholly or in part, by forced labor, including convict labor, forced child labor and indentured labor.

If you are an exporter subject to a WRO, and would like the WRO to be removed, contact attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Follow CBP Office of Trade on Twitter @CBPTradeGov.

CBP revoke withhold release order (WRO) on disposable rubber gloves.

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Photo by ELEVATE on Pexels.com

According to a U.S. Customs and Border Protection media release, yesterday, CBP revoked a Withhold Release Order (WRO) for rubber gloves imported by WRP Asia Pacific Sdn. Bhd.

Briefly, a WRO is issued by CBP and intended to prevent goods suspected to have been made with forced labor or in violation of labor standards from entering the US.

The WRO, which was initially put in place last September and revoked recently because CBP obtained information demonstrating the company no longer produces rubber gloves under forced labor conditions. The process to revoke a WRO required CBP becoming involved with the manufacturing and labor practices to ensure WRP complied with international and US labor standards.

While the media release made no mention of the corona virus, it is unusual to see a media release singling out a revocation of a withhold release order, especially a WRO on PPE goods  such as disposable rubber gloves.

If you are subject to a WRO and want to explore your options, contact experienced customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Tobacco from Malawi subject to detention by US Customs.

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Photo by Pixabay on Pexels.com

Yesterday, U.S. Customs and Border Protection (CBP) issued a withhold release order on tobacco from the southeast African country of Malawi and other products that contain tobacco from Malawi.
A withhold release order (WRO) means any products from Malawi containing tobacco will be detained by CBP at all of the ports of entry. A WRO was issued after information was collected by CBP that indicates tobacco from Malawi is produced using forced labor and forced child labor.
Many believe a WRO means you cannot import tobacco from Malawi – however, an WRO still allows for importation of tobacco, but importers need to provide documentation that their tobacco and tobacco containing products do not include tobacco from Malwai that was produced using child labor or other prohibitions under US law. 
This most recent WRO is just one of 7 previously issued by CBP this year to prevent the importation of products made using forced labor (which includes convict labor, forced child labor or indentured labor).
If you believe your goods have been wrongly seized by a WRO, contact experienced trade and customs attorney David Hsu for immediate assistance – we have helped many importers and can be reached by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP issues new withhold release order against cotton from Turkmenistan.

Turkmenistan-map

Map of Turkmenistan from Wikipedia.

Last week, U.S. Customs and Border Protection (CBP) issued a new withhold release order for goods suspected of being made by forced labor.

This time, a detention order (withhold release order) was issued against cotton from Turkmenistan. The May 18, 2018 WRO includes “all Turkmenistan Cotton or products produced in whole or in part with Turkmenistan cotton”.

Importers are expected by CBP to be informed whether the goods they import are subjec to WRO’s. A full list of current imports subject to WRO’s can be found here.

Background regarding CBP’s efforts against forced labor:
Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307) bans the importing of merchandise that is mined, produced or manufactured, in whole or in part, in any foreign country by forced labor/child labor. Such merchandise is subject to seizure or excluded from importation into the US.

When information reasonably but not conclusively indicates that subject merchandise is being imported, Customs may issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). If the Commissioner is provided with information sufficient to make a determination that the goods in question are subject to the provisions of 19 U.S.C. § 1307, the Commissioner will publish a formal finding in the Customs Bulletin and in the Federal Register.

A withhold release order will require detention at all US ports of entry of any such merchandise manufactured by these companies. Withhold release orders are usually issued against types of goods and specific producers from specific countries.

If you have had issues regarding importation of good subject to a withhold release order, contact experienced customs attorney David Hsu at 832.896.6288 or by email at attorney.dave@yahoo.com.