[co-author: Crystal Fomba]
On December 2, 2020, U.S. Customs and Border Protection (CBP) issued an import detention or Withhold Release Order (WRO) against cotton produced by Xinjiang Production and Construction Corps (XPCC) based on information that reasonably indicated XPCC used forced labor within its cotton supply chains. This action comes after CBP issued five WROs in September 2020 on products found to be reliant on state-sponsored forced labor in Xinjiang. The U.S. government has expressed ongoing concern about human rights abuses of the Uyghur minority in this part of China.
Under 19 U.S.C. § 1307, CBP is authorized to ban imports on goods and merchandise produced “wholly” or “in part” from forced or indentured labor, including child labor or convict labor. Specifically, once WROs are issued, banned goods that reach the U.S. border may be subject to exclusion or seizure, and could lead to criminal investigations of importers. Pursuant to 19 C.F.R. § 12.42, importe