The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
Effective today, US Customs and Border Protection (CBP) will detain at all US ports – tuna and other seafood harvested from the “Lien Yi Hsing Number 12”. The vessel is Taiwanese flagged and owned distant water fishing vessel due to reasonable information that indicates the use of forced labor – including but not limited to deception, withholding of wages and debt bondage.
As you are aware, 19 USC 1307 bans the importation of goods that have been mined, manufactured, produced in whole or in part by convict labor, forced labor and or indentured labor. If importers have goods from the Lien Yi Hsing vessel, CBP does allow the detained shipments to be exported or in the alternative, allow importers prove the merchandise was not produced using forced labor.
If you have any questions about this or any other withhold release order, or want to ensure you are in compliance with 19 USC 1307, or if you believe a company benefits from the use of forced labor, contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.
As of yesterday (August 18th), at all of the over 450 U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain any seafood harvested by the vessel named “Da Wang”, a Vanuatu-flagged, Taiwan-owned water fishing vessel.
CBP’s Office of Trade (OT) issued the Withhold Release Order (WRO) against the Da Wang due to reasonable indications they used forced labor, physical violence, debt bondage, withholding of wages, and abusive working conditions.
If you believe part of your supply chain will be impacted by this WRO, or any of the other pending WRO’s – contact David Hsu by phone or text anytime at 832-896-6288 or by email at firstname.lastname@example.org.
Federal statute 19 U.S.C. §1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention of seafood harvested by the Da Wang at all U.S. ports of entry. Importers of detained shipments will have an opportunity to export their shipments or submit proof to CBP that the merchandise was not produced with forced labor.
This is the twelfth WRO that CBP has issued since September 2019, and the second against a fishing vessel. All WROs are publically available and listed by country on the CBP’s Forced Labor Withhold Release Orders and Findings page. The Forced Labor Division, established in 2017 within the CBP Office of Trade, leads enforcement of the prohibition on the importation of goods made from forced labor.
CBP is committed to identifying and preventing products made by forced labor from entering the United States to maintain a level playing field for U.S. domestic industry. CBP receives allegations of forced labor from a variety of sources, including from the general public. Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the U.S. can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
Follow CBP Office of Trade on Twitter @CBPTradeGov.
Photo by Sebastian Coman Photography on Pexels.com
According to a U.S. Customs and Border Protection media release – CBP announced that tuna and tuna products harvested from the Tunago No.61 vessel will be admissible at all U.S. ports of entry beginning April 1, 2020.
The revocation of withhold release order (WRO) on tuna and tuna products harvested from the Tunago No. 61 vessel was based on information provided to CBP that tuna and tuna products from this vessel are no longer produced under forced labor conditions.
A WRO is put in place prohibiting the importation of certain goods if CBP believes the goods being imported were made wholly or in part by forced labor, including convict labor, forced child labor, and indentured labor.
If you are subject to a pending WRO and want to discuss your options, or if you are aware of an importer using any type of forced labor; contact experienced customs attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.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 firstname.lastname@example.org, email@example.com.
According to the Guardian, a leaked document by China Labor Watch details school children in China forced to work over night to produce Amazon Alexa devices. The children were required to work nights and overtime to produce the smart-speaker devices at Foxconn, an OEM manufacturer supplying Amazon’s Alexa-enabled devices.
The documents delivered to the Guardian indicate teenagers from schools and technical colleges in China were classified as “interns” with teachers being paid by the factory to accompany the students. The legal age of employment is 16, but school children are not allowed to work at night or overtime.
One “intern” quoted in the report said they were applying protective film on 3,000 Echo dots a day for 10 hours a day, six days a week for $2.34 an hour. When the intern complained, their teacher told them they had to work or else it may impact their ability to graduate from school.
Foxconn admitted students were working and they vowed to take action to remedy the problem. As Foxconn is also the OEM for Apple’s iPhone, it is unknown whether school children also made those devices.
It will be interesting to see what penalty Amazon will face. Most likely there will be a disparity in punishment – for example, the Ivory Coast is facing a potential ban of cocoa to the US due to the use of child labor; but there is no discussion for a ban of Amazon Alexa products. tudying computing, was given the task of applying a protective film to about 3,000 Echo Dots each day. Speaking to a researcher, she said she was initially told by her teacher that she would be working eight hours a day, five days a week, but that had since changed to 10 hours a day (including two hours’ overtime) for six days a week.
Will post more Amazon child labor violations as soon as they become available.
Last week, Ivory Coast’s First Lady and US officials met to discuss a proposed US ban on Ivory Coast cocoa. Ivory coast is the world’s largest supplier of cooca (supplying 1/3 of all the world’s cocoa supply) and the Ivory Coast government is fighting every effort to block Ivorian cocoa from entering US ports.
The use of forced child labor to harvest cocoa has been an issue many chocolate wholesalers such as Mars, Nestle and Hershey have tried to eliminate, mostly through efforts such as monitoring supply chains and certification by third-party monitors. However, the recent report by two US Senators includes evidence of continued use of forced labor and the Washington Post reported earlier in June that 2 million children work in West African cocoa farms.
The Senators believe a new ban would further increase pressure on cocoa farmers and Customs officials are authorized to ban all products from entering the US if evidence indicates the products are or reasonably indicate they are produced with forced or indentured labor.
Will post more if the ban goes through, and if you want to avoid your company facing a ban due to any future customs issues, contact experienced trade and compliance attorney David Hsu, we can audit the supply chain process prior to importation to ensure compliance, call 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP issued a withhold release order against tuna and tuna products from the Tunago No. 61. The basis for the withhold order is information obtained by CBP indicating tuna is harvested with the use of forced labor.
The order is effective immediately starting on the date of issuance – February 6, 2019.
What is a detention order? Detention orders require detention of entry of tuna and any such merchandise manufactured wholly or in part by the Tunago No. 61. Importers of detained shipments are provided an opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.
What is the law on forced labor? 19 U.S.C. § 1307 prohibits the importation into the US of goods made, in whole or in part, by forced labor, including convict labor, forced child labor, and indentured labor. If CBP believes forced labor was used, CBP will issue a “withhold release order”. Most of the orders are a result of information presented to CBP that “reasonably indicates” the imported goods were made with forced labor.
If you have received a notice or are being investigated by CBP for use of forced labor, call experienced trade and customs attorney, David Hsu at 832-896-6288 or by email at firstname.lastname@example.org.