Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues for Congress

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Section 307 and U.S. Imports of Products of
~~February 1~~May 21, 2021 , 2021
Forced Labor: Overview and Issues for
Cathleen D. Cimino-Isaacs,
Congress
Coordinator
Analyst in International Analyst in International
The International Labor Organization (ILO) estimates that as of 2016, nearly 25 million adults The International Labor Organization (ILO) estimates that as of 2016, nearly 25 million adults
Trade and Finance Trade and Finance
and children worked in forced labor, also known as labor and children worked in forced labor, also known as labor ~~trafficking~~traffickin g. Section 307 of the Tariff . Section 307 of the Tariff

Act of 1930 (19 U.S.C. §1307) prohibits U.S. imports of any product that was mined, produced, Act of 1930 (19 U.S.C. §1307) prohibits U.S. imports of any product that was mined, produced,
Christopher A. Casey
or manufactured wholly or in part by forced labor, including forced or indentured child labor. or manufactured wholly or in part by forced labor, including forced or indentured child labor.
Analyst in International Analyst in International
Trade and Finance Trade and Finance
Amid concerns in recent decades over the statute’s lack of use and increasing interest in Amid concerns in recent decades over the statute’s lack of use and increasing interest in

combatting human trafficking, Congress amended Section 307 in 2015 to make it easier to block combatting human trafficking, Congress amended Section 307 in 2015 to make it easier to block
the entry of products of forced labor by removing the “consumptive demand” exception. This the entry of products of forced labor by removing the “consumptive demand” exception. This
Katarina C. O'Regan
Analyst in Foreign Policy Analyst in Foreign Policy
exception had permitted imports of goods that were not domestically produced in such quantities exception had permitted imports of goods that were not domestically produced in such quantities

as to meet U.S. consumption needs. Since 2016, enforcement of Section 307 has increased in as to meet U.S. consumption needs. Since 2016, enforcement of Section 307 has increased in
frequency and scope, and to date U.S. Customs and Border Protection (CBP) has issued nearly 30 frequency and scope, and to date U.S. Customs and Border Protection (CBP) has issued nearly 30

“withhold release orders” (WROs), which bar entry of certain goods made by forced labor. While “withhold release orders” (WROs), which bar entry of certain goods made by forced labor. While
WROs were typically limited to specific manufacturers and producers, CBP recently has issued broader WROs were typically limited to specific manufacturers and producers, CBP recently has issued broader ~~industry~~in dustry- and - and
countrywide orders. WROs are one of several congressionally mandated forced labor and anti-human trafficking measures. In countrywide orders. WROs are one of several congressionally mandated forced labor and anti-human trafficking measures. In
addition, various international conventions and guidelines address forced labor and supply chains, including those produced addition, various international conventions and guidelines address forced labor and supply chains, including those produced
by the United Nations and the International Labor Organization (ILO), which have informed and worked in tandem with U.S. by the United Nations and the International Labor Organization (ILO), which have informed and worked in tandem with U.S.
approaches. approaches.
Stakeholders welcomed congressional action to repeal the consumptive demand exception as a critical step toward improving Stakeholders welcomed congressional action to repeal the consumptive demand exception as a critical step toward improving
utilization of Section 307. Enforcement of the provision has faced challenges, however, and nongovernmental organizations utilization of Section 307. Enforcement of the provision has faced challenges, however, and nongovernmental organizations
(NGOs), research institutes, and the media have documented a number of U.S. companies and global brands implicated, (NGOs), research institutes, and the media have documented a number of U.S. companies and global brands implicated,
directly or indirectly, by forced labor in their supply chains. The U.S. Department of Labor tracks more than 60 categories of directly or indirectly, by forced labor in their supply chains. The U.S. Department of Labor tracks more than 60 categories of
goods produced with forced labor from more than 40 countries. While identifying high-risk sectors and countries in which goods produced with forced labor from more than 40 countries. While identifying high-risk sectors and countries in which
forced labor occurs is not inherently difficult, tracing such practices to specific facilities can be very challenging, particularly forced labor occurs is not inherently difficult, tracing such practices to specific facilities can be very challenging, particularly
given complex global supply chains, widespread subcontracting, and problems with effective thirdgiven complex global supply chains, widespread subcontracting, and problems with effective third -party auditing. party auditing.
Some Members of Congress have expressed interest in ensuring CBP actively applies Section 307. Some observers view Some Members of Congress have expressed interest in ensuring CBP actively applies Section 307. Some observers view
recent enforcement actions as inadequate in eliminating U.S. imports of forced labor, and recommend greater clarity and recent enforcement actions as inadequate in eliminating U.S. imports of forced labor, and recommend greater clarity and
guidance in CBP decisions and requirements, as well as allocation of greater resources. Other stakeholders emphasize the guidance in CBP decisions and requirements, as well as allocation of greater resources. Other stakeholders emphasize the
need to shift the burden of mitigating risk to manufacturers and importers, through due diligence measures and transparency need to shift the burden of mitigating risk to manufacturers and importers, through due diligence measures and transparency
in supplier relationships. Some advocate for greater use of broader enforcement actions against an entire industry, region or in supplier relationships. Some advocate for greater use of broader enforcement actions against an entire industry, region or
country, rather than targeting individual companies. In particular, some Members and stakeholders seek a regional country, rather than targeting individual companies. In particular, some Members and stakeholders seek a regional
enforcement approach to address forced labor practices in China, given deepening concerns over the widespread use of state-enforcement approach to address forced labor practices in China, given deepening concerns over the widespread use of state-
sponsored forced labor of Muslim minority groups in the Xinjiang Uyghur Autonomous Region, and China’s central role in sponsored forced labor of Muslim minority groups in the Xinjiang Uyghur Autonomous Region, and China’s central role in
global manufacturing. On the other hand, some industry groups caution about the spillover effects and compliance costs of global manufacturing. On the other hand, some industry groups caution about the spillover effects and compliance costs of
broader enforcement, which could disrupt legitimate supply chains, burden companies, and further harm vulnerable workers. broader enforcement, which could disrupt legitimate supply chains, burden companies, and further harm vulnerable workers.
Practical challenges in enforcement, such as limited resources and tracing difficulties in supply chains are also key private Practical challenges in enforcement, such as limited resources and tracing difficulties in supply chains are also key private
sector concerns.sector concerns.
~~There was some legislative activity on forced labor and trade issues in the 116th Congress. In January 2020, Congress used~~
~~passage of the U.S.-Mexico-Canada Agreement (P.L. 116-113) to bolster broader enforcement efforts related to Section 307~~
~~and interagency coordination. The Uyghur Forced Labor Prevention Act (H.R. 6210), passed by the House in September~~
~~2020, included~~ The Uyghur Forced Labor Prevention Act (H.R. 1155/S. 65) would create a rebuttable presumption provision that all goods produced or manufactured in Xinjiang are made with forced a rebuttable presumption provision that all goods produced or manufactured in Xinjiang are made with forced
labor, and thus prohibited under Section 307. This and other labor, and thus prohibited under Section 307. This and other ~~bills also aimed~~bils also aim to improve disclosure and transparency of to improve disclosure and transparency of
companies.companies.
In January 2020, Congress used passage of the U.S.-Mexico-Canada Agreement (P.L. 116-113) to bolster broader enforcement efforts related to Section 307 and interagency coordination. This report provides background and analysis on Section 307 and CBP processes, trends regarding its use, and key issues for This report provides background and analysis on Section 307 and CBP processes, trends regarding its use, and key issues for
Congress regarding Section 307 enforcement and U.S. trade policy. Congress regarding Section 307 enforcement and U.S. trade policy.
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues

Introduction
The International Labor Organization (ILO) estimates that as of 2016, nearly 25 The International Labor Organization (ILO) estimates that as of 2016, nearly 25 ~~million~~mil ion adults adults
and children worked in forced labor, also known as labor trafficking, including 16 and children worked in forced labor, also known as labor trafficking, including 16 ~~million~~mil ion put to put to
work by the private sector.1 The U.S. Department of Labor (DOL) tracks at least 63 categories of work by the private sector.1 The U.S. Department of Labor (DOL) tracks at least 63 categories of
goods produced with forced labor, some exported as finished goods or inputs, from more than 40 goods produced with forced labor, some exported as finished goods or inputs, from more than 40
countries.2 U.S. customs law has prohibited importing goods produced by certain categories of countries.2 U.S. customs law has prohibited importing goods produced by certain categories of
labor since the late nineteenth century.3 Today, Section 307 of that Tariff Act of 1930, as amended labor since the late nineteenth century.3 Today, Section 307 of that Tariff Act of 1930, as amended
(19 U.S.C. §1307), prohibits the importation of goods made by forced labor.4 It provides: (19 U.S.C. §1307), prohibits the importation of goods made by forced labor.4 It provides:
All goods, wares, articles, and merchandise mined, produced, or manufactured All goods, wares, articles, and merchandise mined, produced, or manufactured ~~wholly~~wholy or or
in part in any foreign country by convict labor or/and forced labor or/and indentured labor in part in any foreign country by convict labor or/and forced labor or/and indentured labor
under penal sanctions shall not be entitled to entry at any of the ports of the United States, under penal sanctions shall not be entitled to entry at any of the ports of the United States,
andand ~~the importation thereof is hereby prohibited, and the Secretary of the Treasury is~~
~~authorized and directed to prescribe such regulations as may be necessary~~ the importation thereof is hereby prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the for the
enforcement of this provision.5 enforcement of this provision.5
Enforcement of this prohibition by U.S. Customs and Border Protection (CBP) has been uneven Enforcement of this prohibition by U.S. Customs and Border Protection (CBP) has been uneven
and has faced and has faced ~~challenges~~chal enges, and forced labor in global supply chains has persisted. Over the past , and forced labor in global supply chains has persisted. Over the past
several decades, some Members of Congress have expressed concerns with CBP’s enforcement several decades, some Members of Congress have expressed concerns with CBP’s enforcement
of Section 307, and Congress has enacted legislation to remove exceptions and expand CBP’s of Section 307, and Congress has enacted legislation to remove exceptions and expand CBP’s
enforcement capacity.6 Most notably, Congress removed the so-enforcement capacity.6 Most notably, Congress removed the so-~~called~~cal ed “consumptive demand” “consumptive demand”
provision in 2015, which had provision in 2015, which had ~~allowed~~al owed the importation of goods made with forced labor if such the importation of goods made with forced labor if such
goods were not made in the United States in sufficient quantities to meet domestic demand.7 goods were not made in the United States in sufficient quantities to meet domestic demand.7
Since 2016, CBP has increased the use of Section 307. In the past five years, CBP has issued Since 2016, CBP has increased the use of Section 307. In the past five years, CBP has issued
nearly 30 “withhold release orders” (WROs), which bar the entry of certain goods suspected of nearly 30 “withhold release orders” (WROs), which bar the entry of certain goods suspected of
being produced with forced labor. Between 2000 and 2015, CBP had issued zero. In the past, being produced with forced labor. Between 2000 and 2015, CBP had issued zero. In the past,
WROs were WROs were ~~typically~~typical y limited to specific manufacturers and producers. Recently, however, CBP limited to specific manufacturers and producers. Recently, however, CBP
has also issued broader industry and countrywide orders, which may cover an entire product line has also issued broader industry and countrywide orders, which may cover an entire product line
from a country or region. from a country or region.
Even with the recent change, some Members have continued to express concerns with Section Even with the recent change, some Members have continued to express concerns with Section
307 enforcement.8 Some labor groups and government agencies recommend improving 307 enforcement.8 Some labor groups and government agencies recommend improving
transparency in CBP decisions and petition requirements, such as clarifying evidentiary standards transparency in CBP decisions and petition requirements, such as clarifying evidentiary standards
and improving CBP’s collaboration with other anti-trafficking initiatives.9 Some and improving CBP’s collaboration with other anti-trafficking initiatives.9 Some

1 ILO, 1 ILO, Ending Forced Labour by 2030: A Review of Policies and Programmes, December 2018. , December 2018.
2 Based2 Based on DOL’s on DOL’s 2020 List of Goods Produced by Child Labor or Forced Labor; reported figures do not include ; reported figures do not include
countries and goodscountries and goods produced byproduced by child labor. While some goodschild labor. While some goods listed are producedlisted are produced with both child labor and forced with both child labor and forced
labor, DOL notes that this does not necessarily mean that the goods were producedlabor, DOL notes that this does not necessarily mean that the goods were produced ~~with~~ with forced childchild labor. labor.
3 See,3 See, e.g., the e.g., the ~~Tariff~~T ariff Act of 1890 §51, 26 Stat. 567, 624 (October 1, 1890). Act of 1890 §51, 26 Stat. 567, 624 (October 1, 1890).
4 P.L. 71-361 (March 13, 1930), §307; 46 Stat. 590, 689, codified as amended4 P.L. 71-361 (March 13, 1930), §307; 46 Stat. 590, 689, codified as amended at 19 U.S.C.at 19 U.S.C. §1307§1307 . .
5 Ibid. 5 Ibid.
6 See,6 See, e.g., P.L. 114-125 (February 24, 2016) §910(a); 130 Stat. 122, 239; P.L. 105-61 (October 10, 1997) §634, 111 e.g., P.L. 114-125 (February 24, 2016) §910(a); 130 Stat. 122, 239; P.L. 105-61 (October 10, 1997) §634, 111
Stat. 1272. Stat. 1272.
7 P.L. 114-125 (February 24, 2016) §910(a); 130 Stat. 122, 239. 7 P.L. 114-125 (February 24, 2016) §910(a); 130 Stat. 122, 239.
8 U.S.8 U.S. Congress, HouseCongress, House Ways and Means Committee, Ways and Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in
Xinjiang, hearing, 116th Cong., 2nd sess.,, hearing, 116th Cong., 2nd sess., September 17, 2020. September 17, 2020.
9 For example, 9 For example, ~~Testimony~~T estimony by Cathy Feingold, International Director, AFL-CIO, U.S. Congress, House by Cathy Feingold, International Director, AFL-CIO, U.S. Congress, House Ways and Ways and
Means Committee, Means Committee, Enforcing the Ban on ~~Imports~~Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd , hearing, 116th Cong., 2nd
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues

nongovernmental organizations (NGOs) argue that manufacturers and purchasers should bear nongovernmental organizations (NGOs) argue that manufacturers and purchasers should bear
more of the burden of preventing the use of forced labor through greater supply chain due more of the burden of preventing the use of forced labor through greater supply chain due
diligence and accountability.10 While identifying high-risk sectors and countries in which forced diligence and accountability.10 While identifying high-risk sectors and countries in which forced
labor occurs is not inherently difficult—and is the subject of annual reports by DOL11—tracing labor occurs is not inherently difficult—and is the subject of annual reports by DOL11—tracing
forced labor practices to a specific factory or farm is often difficult, particularly given complex forced labor practices to a specific factory or farm is often difficult, particularly given complex
global supply chains, widespread subcontracting often involving migrant or temporary workers, global supply chains, widespread subcontracting often involving migrant or temporary workers,
and chal enges~~and challenges~~ in effective third-party auditing. To this end, some stakeholders seek greater use of in effective third-party auditing. To this end, some stakeholders seek greater use of
enforcement actions against an entire industry, region or country, rather than targeting individual enforcement actions against an entire industry, region or country, rather than targeting individual
companies.12 Others caution about the potential companies.12 Others caution about the potential ~~spillover~~spil over effects and the compliance costs of effects and the compliance costs of
broader enforcement actions, which could disrupt legitimate supply chains, burden companies, broader enforcement actions, which could disrupt legitimate supply chains, burden companies,
and further harm vulnerable workers.13 Some industry groups emphasize practical and further harm vulnerable workers.13 Some industry groups emphasize practical ~~challenges in~~
chal enges in enforcement and complex supply chains as complicating factors, for example, the lack of tracing enforcement and complex supply chains as complicating factors, for example, the lack of tracing
technologies that ensure complete accuracy of the origin of key inputs at risk for forced labor.14 technologies that ensure complete accuracy of the origin of key inputs at risk for forced labor.14
Some Members have advocated a regional enforcement approach to address forced labor Some Members have advocated a regional enforcement approach to address forced labor
practices in China, given deepening concerns over reports of widespread state-sponsored forced practices in China, given deepening concerns over reports of widespread state-sponsored forced
labor of Muslim minority groups in the Xinjiang Uyghur Autonomous Region, both in facilities in labor of Muslim minority groups in the Xinjiang Uyghur Autonomous Region, both in facilities in
Xinjiang, as Xinjiang, as ~~well~~ wel as in other parts of China.15 The Uyghur Forced Labor Prevention Act (H.R. as in other parts of China.15 The Uyghur Forced Labor Prevention Act (H.R.
~~6210), passed by the House in September 2020, included~~1155/S. 65) includes a rebuttable presumption provision that a rebuttable presumption provision that
~~all~~ al goods produced or manufactured in Xinjianggoods produced or manufactured in Xinjiang are made with forced labor, and thus prohibited are made with forced labor, and thus prohibited
under Section 307. In addition, H.R. under Section 307. In addition, H.R. ~~6210 would have required~~ 1155 would require publicly traded companies to publicly traded companies to
disclose certain activities related to Xinjiang, including whether they knowingly engaged with disclose certain activities related to Xinjiang, including whether they knowingly engaged with
any entity for which CBP has issued a WRO. any entity for which CBP has issued a WRO. Other bil s also mandate~~Other bills also would have mandated~~ disclosure disclosure
and transparency of firms, such as and transparency of firms, such as ~~the Uyghur Forced Labor Disclosure Act of 2020 (H.R. 6270).~~
H.R. 2072. Amid growing congressional pressure, throughout 2020, CBP issued several new orders to ban Amid growing congressional pressure, throughout 2020, CBP issued several new orders to ban
imports of certain products from Xinjiang, culminating in its first region-wide ban on Xinjiang imports of certain products from Xinjiang, culminating in its first region-wide ban on Xinjiang
cotton and tomato cotton and tomato products in January 2021.16 products in January 2021.16
There was There was ~~other~~ legislative activity on forced labor and trade issues in the 116th Congress. For legislative activity on forced labor and trade issues in the 116th Congress. For
instance, in January 2020, Congress used passage of the U.S.-Mexico-Canada Agreement instance, in January 2020, Congress used passage of the U.S.-Mexico-Canada Agreement
Implementation sess.,
~~sess.,~~ September 17, 2020; International Labor Rights Forum (ILRF), September 17, 2020; International Labor Rights Forum (ILRF), ~~Combatting~~Com batting Forced Labor and Enforcing
Workers’ Rights Using the Tariff Act, Briefing Paper, February 2020; and U.S.Briefing Paper, February 2020; and U.S. GAO,GAO, Forced Labor – Better
~~Communication Could Improve Trade Enforcement~~Com m unication Could Im prove Trade Enforcem ent Efforts Related to Seafood , GAO-20-441, June 2020. , GAO-20-441, June 2020.
10 ILRF, 10 ILRF, Combatting Forced Labor and Enforcing Workers’ Rights Using the Tariff Act, February, February 2020. 2020. ~~The~~T he latter latter
terms refer to systematic efforts to determine what types of labor are usedterms refer to systematic efforts to determine what types of labor are used in the manufacture of a given product or in the manufacture of a given product or
supply chain in order to preclude and/or eliminate the use of forced labor. supply chain in order to preclude and/or eliminate the use of forced labor.
11 Available at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods. 11 Available at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods.
12 See,12 See, e.g., the Uyghur Forced Labor Prevention Act (H.R. e.g., the Uyghur Forced Labor Prevention Act (H.R. ~~6210~~1155); Olivia Enos, ); Olivia Enos, Responding to the Crisis in Xinjiang, ,
~~The~~T he Heritage Foundation, Backgrounder No. 3416, June 7, 2019. Heritage Foundation, Backgrounder No. 3416, June 7, 2019.
13 COAC 13 COAC, Report of the Intelligent Enforcement Subcommittee Forced Labor Working Group , July 15, 2020. , July 15, 2020.
14 In particular, for highly fungible14 In particular, for highly fungible commodities, such as cotton; cotton from Xinjiang, China for example, can be and commodities, such as cotton; cotton from Xinjiang, China for example, can be and
is often co-mingled with similar cotton fibers from other sources, includingis often co-mingled with similar cotton fibers from other sources, including from the United States. from the United States. ~~Testimony~~T estimony by by
Stephen Lamar, President and CEO, American Apparel & Footwear Stephen Lamar, President and CEO, American Apparel & Footwear ~~Association, U.S.~~ Associatio n, U.S. Congress, HouseCongress, House Ways and Ways and
Means Committee, Means Committee, Enforcing the Ban on ~~Imports~~Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd , hearing, 116th Cong., 2nd
sess.,sess., September 17, 2020. September 17, 2020.
15 Congressional-Executive Commission on China, “ 15 Congressional-Executive Commission on China, “ Xinjiang: CECCXinjiang: CECC Commissioners SeekCommissioners Seek Import Restrictions on Import Restrictions on
Forced Labor Made Goods,”Forced Labor Made Goods,” Press release, November 5, 2019. Press release, November 5, 2019.
16 U.S. 16 U.S. CBP, “CBP, “ CBP IssuesCBP Issues Region-Wide Withhold Release Order on Products Made by SlaveRegion-Wide Withhold Release Order on Products Made by Slave Labor in Xinjiang,” Press Labor in Xinjiang,” Press
release, January 13, 2021. release, January 13, 2021.
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues

~~Implementation~~ Act (P.L. 116-113) to bolster broader enforcement efforts related to Section 307 Act (P.L. 116-113) to bolster broader enforcement efforts related to Section 307
and expand and expand interagency coordination.17interagency coordination.17
This report provides background and analysis on Section 307 and CBP processes, trends This report provides background and analysis on Section 307 and CBP processes, trends
regarding its use, and issues for Congress. It also contextualizes the debate over Section 307 regarding its use, and issues for Congress. It also contextualizes the debate over Section 307
enforcement, with other U.S. and international forced labor and anti-trafficking tools.enforcement, with other U.S. and international forced labor and anti-trafficking tools.
Section 307: Origins, Development, and Trends
Origins
U.S. prohibitions on the import of goods made with forced or penal labor were not U.S. prohibitions on the import of goods made with forced or penal labor were not ~~initially~~
initial y enacted as a humanitarian measure, but to protect domestic free labor. In the 1880s, following the enacted as a humanitarian measure, but to protect domestic free labor. In the 1880s, following the
end of formal slavery in the United States, U.S. manufacturers and labor activists became end of formal slavery in the United States, U.S. manufacturers and labor activists became
increasingly concerned with competition from the expansion of penal labor increasingly concerned with competition from the expansion of penal labor ~~domestically~~domestical y and and
abroad.18 In 1890, Congress prohibited the import of “abroad.18 In 1890, Congress prohibited the import of “~~all~~ al goods, wares, articles and merchandise goods, wares, articles and merchandise
manufactured wholly or in part in any foreign country by convict labor.”19 The purpose of the manufactured wholly or in part in any foreign country by convict labor.”19 The purpose of the
measure, the Chair of the House Committee on Ways and Means explained, was to prevent the measure, the Chair of the House Committee on Ways and Means explained, was to prevent the
admission of “convict-made products of the world to free competition with our free labor.”20 admission of “convict-made products of the world to free competition with our free labor.”20
In Section 307 of the Tariff Act of 1930,21 Congress expanded this prohibition to include any (not In Section 307 of the Tariff Act of 1930,21 Congress expanded this prohibition to include any (not
just manufactured) products of “convict labor or/and forced labor or/and indentured labor under just manufactured) products of “convict labor or/and forced labor or/and indentured labor under
penal sanctions”—see penal sanctions”—see Text Box for definitions. Although the amendment’s sponsor brought up for definitions. Although the amendment’s sponsor brought up
humanitarian concerns as a rationale for the expansion of the prohibition,22 the overriding humanitarian concerns as a rationale for the expansion of the prohibition,22 the overriding
legislativelegislative concern expressed by the final text of Section 307 was with protecting domestic concern expressed by the final text of Section 307 was with protecting domestic
producers and workers, while also ensuring that Americans retained access to products commonly producers and workers, while also ensuring that Americans retained access to products commonly
produced with forced labor that were unavailable in the United States.23 While debating the produced with forced labor that were unavailable in the United States.23 While debating the

17 P.L. 116-113 (January 29, 2020) §§741-744, 134 Stat. 11, 88-90, codified at 19 U.S.C.17 P.L. 116-113 (January 29, 2020) §§741-744, 134 Stat. 11, 88-90, codified at 19 U.S.C. §§4681-4684. §§4681-4684.
18 On the growth of penal labor in the United States following18 On the growth of penal labor in the United States following the end of slavery, see Alex Lichtenstein, the end of slavery, see Alex Lichtenstein, Twice the
Work of Free Labor: The Political ~~Economy~~Econom y of Convict Labor (London: Verso, (London: Verso, 1996). On concern with imports of 1996). On concern with imports of
goodsgoods made with penal labor, see, e.g., U.S.made with penal labor, see, e.g., U.S. Congress,Congress, Senate Committee on Finance, report to accompany H.R.Senate Committee on Finance, report to accompany H.R. 9051, 9051,
50th Cong., 1st sess.,50th Cong., 1st sess., S.Rept. 50-232 (Washington, DC: GPO, 1888), pp. 345, 540, 795; U.S. Congress,S.Rept. 50-232 (Washington, DC: GPO, 1888), pp. 345, 540, 795; U.S. Congress, House House
Committee on Ways and Means, Committee on Ways and Means, Revision of the Tariff, hearings, 51st Cong., 1st sess.,, hearings, 51st Cong., 1st sess., Misc.Doc. 51-176 (Washington, Misc.Doc. 51-176 (Washington,
DC:DC: GPO, 1890), p. 584. Penal labor still exists in the United States and U.S.GPO, 1890), p. 584. Penal labor still exists in the United States and U.S. firms have at times found themselves in firms have at times found themselves in
breach of foreign lawsbreach of foreign laws prohibiting the import of goods made by prison labor. Seeprohibiting the import of goods made by prison labor. See for instance, James Hagerty, for instance, James Hagerty,
“Berkshire Unit Finds It Broke Canada“Berkshire Unit Finds It Broke Canada ~~Trade Laws~~ T rade Laws Over Prison Labor,”Over Prison Labor,” Wall Street Journal, January 12, 2012. , January 12, 2012.
19 19 ~~The Tariff~~T he T ariff Act of 1890 §51, 26 Stat. 567, 624 (October 1, 1890). Act of 1890 §51, 26 Stat. 567, 624 (October 1, 1890).
20 House debate, 20 House debate, Congressional Record, vol. 21, part 6 (May 7, 1890), p. 584. , vol. 21, part 6 (May 7, 1890), p. 584.
21 P.L. 71-361 (March 13, 1930), §307; 46 Stat. 590, 689. The amendment that became Section 307 was introduced, in 21 P.L. 71-361 (March 13, 1930), §307; 46 Stat. 590, 689. The amendment that became Section 307 was introduced, in
part, to give effect to the part, to give effect to the Convention to Suppress the Slave Trade and Slavery, 25 September 1926, 60 , 25 September 1926, 60 ~~LNTS~~LNT S 253, 253,
Department of State Department of State ~~Treaty~~T reaty Series No. 778 Series No. 778 , 46 Stat. (pt. 2) 2183, which had been , 46 Stat. (pt. 2) 2183, which had been ~~recently~~recen tly ratified in 1929. See, Senate ratified in 1929. See, Senate
debate, debate, Congressional Record, vol. 71, part 4 (October 14, 1929), p. 4496. , vol. 71, part 4 (October 14, 1929), p. 4496.
22 See, 22 See, e.g., Senate debate, e.g., Senate debate, Congressional Record, vol. 71, part 4 (October 14, 1929), p. 4496: Sen. Blaine. “I , vol. 71, part 4 (October 14, 1929), p. 4496: Sen. Blaine. “I
understand that we might suffer some economic loss, but weunderstand that we might suffer some economic loss, but we can not [sic] afford any economic gain at the sacrifice of can not [sic] afford any economic gain at the sacrifice of
the degeneracy and death of the natives amounting to millions of men and women….” the degeneracy and death of the natives amounting to millions of men and women….”
23 See,23 See, e.g., ibid., p. 4494: Sen. Reed. “I think we are agreede.g., ibid., p. 4494: Sen. Reed. “I think we are agreed that American labor ought to be protected from the that American labor ought to be protected from the
competition of convict-made goods or slave-made goods…butcompetition of convict-made goods or slave-made goods…but we we are legislatingare legislating for the benefit of Americans here. for the benefit of Americans here.
Will it benefit Americans to excludeWill it benefit Americans to exclude from importation into this country products which wefrom importation into this country products which we do not make and can not do not make and can not
make, such asmake, such as tea and coffee and rubber?”tea and coffee and rubber?” ~~See~~ See also McKinney v. U.S.also McKinney v. U.S. Dept. of Dept. of ~~Treasury~~T reasury, 9 C.I.T, 9 C.I.T . 315, 320 (1985): . 315, 320 (1985):
“Congress intended to protect domestic workers and producers“Congress intended to protect domestic workers and producers from unfair competition. But this concern as wellfrom unfair competition. But this concern as well as any as any
desiredesire to improve foreign labor conditions were clearly subordinate in section 307, as enacted, to to improve foreign labor conditions were clearly subordinate in section 307, as enacted, to ~~concern~~co ncern for the for the
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amendment, Senator David A. Reed amendment, Senator David A. Reed ~~rhetorically~~rhetorical y asked, “ asked, “~~Will~~ Wil it help Americans for us in our zeal it help Americans for us in our zeal
to abolish forced labor in foreign climes, to deny to abolish forced labor in foreign climes, to deny ~~all~~ al Americans the use of such articles as coffee, Americans the use of such articles as coffee,
tea, and rubber?”24 In its final form, Section 307 exempted from prohibition any goods that were tea, and rubber?”24 In its final form, Section 307 exempted from prohibition any goods that were
not domestical y~~not domestically~~ produced in such quantities as to meet U.S. consumptive demands.25 produced in such quantities as to meet U.S. consumptive demands.25
Selected U.S. Government Definitions of Forced Labor/Labor Trafficking
Tariff Act of 1930/19 U.S.C. §1307: “ Tariff Act of 1930/19 U.S.C. §1307: “~~All work~~ Al work or serviceor service which is exacted from any person under the menace of which is exacted from any person under the menace of
any penalty for its nonperformance and for which the workerany penalty for its nonperformance and for which the worker does not offer himselfdoes not offer himself voluntarily.”voluntarily.”
Trafficking VictimsTrafficking Victims Protection Act of 2000/22 U.S.C.Protection Act of 2000/22 U.S.C. §7102: “The recruitment,§7102: “The recruitment, harboring, transportation, harboring, transportation,
provision,provision, or obtaining of a person for labor or services,or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude,purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”peonage, debt bondage, or slavery.” (Note, part of a broader (Note, part of a broader
definition of severedefinition of severe forms of trafficking against persons, which also includes sex trafficking.) forms of trafficking against persons, which also includes sex trafficking.)
Trafficking VictimsTrafficking Victims Protection Act of 2000/18 U.S.C. §1589: “WhoeverProtection Act of 2000/18 U.S.C. §1589: “Whoever knowingly provides or obtains the labor or knowingly provides or obtains the labor or
servicesservices of a person-(1) by threats of seriousof a person-(1) by threats of serious harm to, or physical restraint against, that person or another person; harm to, or physical restraint against, that person or another person;
(2) by means of any scheme,(2) by means of any scheme, plan, or pattern intended to cause the person to believeplan, or pattern intended to cause the person to believe that, if the person did not that, if the person did not
performperform such labor or services,such labor or services, that person or another person would suffer seriousthat person or another person would suffer serious harm or physical restraint; or harm or physical restraint; or
(3) by means of the abuse or threatened abuse of law or the legal process.” (3) by means of the abuse or threatened abuse of law or the legal process.”
Trends and Development: 1930-2020
In the decades following its entry into law, Section 307 was used sparingly.26 Between 1930 and In the decades following its entry into law, Section 307 was used sparingly.26 Between 1930 and
the mid-1980s, the U.S. International Trade Commission (USITC) identified between 60 and 75 the mid-1980s, the U.S. International Trade Commission (USITC) identified between 60 and 75
instances in which parties requested, or the U.S. Customs Service (CBP’s precursor) considered instances in which parties requested, or the U.S. Customs Service (CBP’s precursor) considered
the application of Section 307.27 Only eight of those instances resulted in a good’s exclusion from the application of Section 307.27 Only eight of those instances resulted in a good’s exclusion from
importation.28 During that time, investigations varied in scale and scope, according to the USITC, importation.28 During that time, investigations varied in scale and scope, according to the USITC,
“because of the varying amount and degree of reliability“because of the varying amount and degree of reliability of the information availableof the information available relating to relating to
the imports [of goods the imports [of goods ~~allegedly~~al egedly made with forced labor].”29 made with forced labor].”29 ~~Additionally~~Additional y, the USITC reported that , the USITC reported that
the Customs Service was lenient in its application of Section 307, “[the Customs Service was lenient in its application of Section 307, “[~~allowing~~al owing on an ad hoc basis] on an ad hoc basis]
the importation of prison goods where the size of the shipment was the importation of prison goods where the size of the shipment was ~~small~~smal , where the prisoners , where the prisoners
were working voluntarily and were compensated, or where importers promised not to enter were working voluntarily and were compensated, or where importers promised not to enter
subsequent shipments.”30 subsequent shipments.”30
In the 1980s, following the emergence of modern international human and worker rights politics In the 1980s, following the emergence of modern international human and worker rights politics
in the 1970s,31 increasing Cold War tensions,32 and growing public awareness of the role of forced in the 1970s,31 increasing Cold War tensions,32 and growing public awareness of the role of forced

American consumer’s access to merchandise not produced domestically in quantities sufficient to satisfy consumer American consumer’s access to merchandise not produced domestically in quantities sufficient to satisfy consumer
demand.” demand.”
24 Senate debate, 24 Senate debate, Congressional Record, vol. 71, part 4 (October 14, 1929), p. 4494. , vol. 71, part 4 (October 14, 1929), p. 4494.
25 P.L. 71-361 (March 13, 1930), §307, 46 Stat. at 690. 25 P.L. 71-361 (March 13, 1930), §307, 46 Stat. at 690.
26 U.S.26 U.S. ~~International Trade~~ International T rade Commission, Commission, International Practices and Agreements Concerning Compulsory Labor and
U.S. ~~Imports~~Im ports of Goods Manufactured by Convict, Forced, or ~~Indentured~~I ndentured Labor (“(“~~USITC~~ USIT C Report”), U.S. Report”), U.S. ~~ITC~~IT C Pub. 1630 Pub. 1630
(December 1984), pp. v-vi. (December 1984), pp. v-vi.
~~27 USITC~~27 USIT C Report, p. vi. Report, p. vi.
28 28 ~~USITC~~USIT C Report, pp. B-3 – B-6. Report, pp. B-3 – B-6.
29 29 ~~USITC~~USIT C Report, p. vi. Report, p. vi.
30 30 ~~USITC~~USIT C Report, p. vi, 6. Report, p. vi, 6.
31 See31 See ~~Samuel~~ Samuel Moyn, Moyn, The Last Utopia (Cambridge, (Cambridge, MA: Harvard University Press, 2010), pp. 120-175; Daniel Sargent, MA: Harvard University Press, 2010), pp. 120-175; Daniel Sargent,
A Superpower ~~Transformed~~Transform ed (Oxford: Oxford University Press, 2015), pp. 220 (Oxford: Oxford University Press, 2015), pp. 220 -229; Carol J. Pier, “-229; Carol J. Pier, “ Workers’ Rights Workers’ Rights
Provisions in Fast Provisions in Fast ~~Track~~T rack Authority, 1974-2007,” Authority, 1974-2007,” Indiana Journal of Global Legal Studies 13, no. 1 (Winter 2006), pp. 13, no. 1 (Winter 2006), pp.
78-81; 78-81; ~~The Trade~~T he T rade Act of 1974 required that the President to “ Act of 1974 required that the President to “ bring trade agreements heretofore entered into…into bring trade agreements heretofore entered into…into
conformity with…international fair labor standards.” P.L. 93-619 (January 2, 1975) §121, 88 Stat. 1978, 1986. conformity with…international fair labor standards.” P.L. 93-619 (January 2, 1975) §121, 88 Stat. 1978, 1986.
32 See,32 See, e.g., Robert G.e.g., Robert G. Kaiser, “U.S.-Soviet Relations: GoodbyeKaiser, “U.S.-Soviet Relations: Goodbye to Détente,” to Détente,” Foreign Affairs (1980); Dimitri K. Simes, (1980); Dimitri K. Simes,
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labor in the Soviet Union and China,33 some Members of Congress expressed interest in using labor in the Soviet Union and China,33 some Members of Congress expressed interest in using
Section 307 to restrict imports for foreign policy and human rights purposes.34 Moreover, Section 307 to restrict imports for foreign policy and human rights purposes.34 Moreover,
Congress had become increasingly interested in incorporating worker rights protection clauses Congress had become increasingly interested in incorporating worker rights protection clauses
into U.S. trade legislation and trade programs, such as adding worker rights criteria into U.S. into U.S. trade legislation and trade programs, such as adding worker rights criteria into U.S.
trade preference programs, including on forced labor and the worst forms of child labor.35 Against trade preference programs, including on forced labor and the worst forms of child labor.35 Against
this background, Congress began to express its concern with the lack of enforcement of Section this background, Congress began to express its concern with the lack of enforcement of Section
307,36 and a USITC report prepared in response to that concern identified several problems with 307,36 and a USITC report prepared in response to that concern identified several problems with
the Customs Service’s enforcement, the Customs Service’s enforcement, ~~specifically~~specifical y that it was opaque, inconsistent, and lacked clear that it was opaque, inconsistent, and lacked clear
evidentiary standards.37 evidentiary standards.37
By the early 1990s, perhaps owing to additional congressional pressure, enforcement of Section By the early 1990s, perhaps owing to additional congressional pressure, enforcement of Section
307 had become more common, and CBP issued several WROs per year, primarily on 307 had become more common, and CBP issued several WROs per year, primarily on
merchandise from China. However, the reinvigoration was short lived and use of Section 307 merchandise from China. However, the reinvigoration was short lived and use of Section 307
declined in the late 1990s; between 2000 and 2015, CBP did not issue a single WRO declined in the late 1990s; between 2000 and 2015, CBP did not issue a single WRO (Figure 1). .
Some observers attributed the decline in enforcement, in part, to the strictures of the consumptive Some observers attributed the decline in enforcement, in part, to the strictures of the consumptive
demand provision, which was included in 1930 to ensure Americans did not lose access to demand provision, which was included in 1930 to ensure Americans did not lose access to
commodities likecommodities like “coffee, tea, and rubber” that then were produced entirely abroad, often with “coffee, tea, and rubber” that then were produced entirely abroad, often with
forced labor.38 In 2005, for example, cocoa produced with forced child labor was forced labor.38 In 2005, for example, cocoa produced with forced child labor was ~~allowed~~al owed entry entry
because no domestic cocoa production industry existed sufficient to meet domestic demand.39 because no domestic cocoa production industry existed sufficient to meet domestic demand.39

~~“The~~ “T he Death of Détente,” Death of Détente,” International Security 5, no. 1 (Summer 1980), pp. 3-25. 5, no. 1 (Summer 1980), pp. 3-25.
33 See,33 See, e.g., Aleksander Solzhenitsyn, e.g., Aleksander Solzhenitsyn, Gulag Archipelago (New York: Harper and Row, (New York: Harper and Row, 1974); David Satter, “1974); David Satter, “~~The~~T he
System of Forced Labor in Russia,”System of Forced Labor in Russia,” Wall Street Journal, June 24, 1982, p. 28; “C.I.A. Says 4 Million in Soviet are , June 24, 1982, p. 28; “C.I.A. Says 4 Million in Soviet are
Doing Penal Labor,” Doing Penal Labor,” New York Times, November 7, 1982, p. 3; John Maclean, “Soviet Refugee Describes, November 7, 1982, p. 3; John Maclean, “Soviet Refugee Describes Forced Forced
Labor on Pipeline,” Labor on Pipeline,” Chicago Tribune, December 27, 1982, p. 1. , December 27, 1982, p. 1.
34 34 ~~USITC~~USIT C Report, p. vii; U.S. Report, p. vii; U.S. Congress,Congress, Senate Committee on Finance, Subcommittee on International Senate Committee on Finance, Subcommittee on International ~~Trade,~~
~~Enforcement~~T rade, Enforcem ent of U.S. Prohibitions on the ~~Importation~~Im portation of Goods Produced by Convict Labor, hearing, 99th Cong., 1st , hearing, 99th Cong., 1st
sess,sess, July 9, 1985, S. Hrg. 99-357 (Washington, DC: GPO, 1985) (“July 9, 1985, S. Hrg. 99-357 (Washington, DC: GPO, 1985) (“ Forced Labor Hearing”); Helsinki Commission, Forced Labor Hearing”); Helsinki Commission,
~~Implementation~~Im plem entation of the Helsinki Accords, Soviet Forced Labor Practices, hearing, 99th Cong., 1st sess., hearing, 99th Cong., 1st sess. (Washington, (Washington,
DC:DC: GPO, 1985); Kenneth B. Noble, “U.S. Asked to Ban Soviet Items MadeGPO, 1985); Kenneth B. Noble, “U.S. Asked to Ban Soviet Items Made by Forced Labor,” by Forced Labor,” New York Times, ,
October 8, 1983, p. 1. For example, in 1983 October 8, 1983, p. 1. For example, in 1983 ~~Commissioner~~Comm issioner of Customs, William von Raab, of Customs, William von Raab, recommended using recommended using
Section 307 to block certain imports from the Soviet Union; others in the Reagan Administration worried such actions Section 307 to block certain imports from the Soviet Union; others in the Reagan Administration worried such actions
might further cool U.S.-Soviet relations. Ultimately, no action was taken. Clyde, H. Farnsworth, “might further cool U.S.-Soviet relations. Ultimately, no action was taken. Clyde, H. Farnsworth, “ Reagan Delays Reagan Delays
Decision on Soviet Import Ban,” Decision on Soviet Import Ban,” New York Times, May 17, 1984, p. 12; “U.S. , May 17, 1984, p. 12; “U.S. ~~Trade~~T rade United Reports on Prison United Reports on Prison -Good -Good
Imports,” Imports,” New York Times, December 20, 1984, p. 23; Forced Labor Hearing, p. 11. In 1988, concerned that “delay in , December 20, 1984, p. 23; Forced Labor Hearing, p. 11. In 1988, concerned that “delay in
enforcing the lawenforcing the law [was[was bringing] into question the commitment of the United States to protest the inhumane treatment bringing] into question the commitment of the United States to protest the inhumane treatment
of prisoners in the Soviet Gulag,”of prisoners in the Soviet Gulag,” ~~Congress urged~~ Congress urged the President to increase enforcement of Section 307 “without delay” the President to increase enforcement of Section 307 “without delay”
with respect to goods imported from the Soviet Union. P.L. 100-418 (August 23, 1988), 102 Stat. 1313, 1314. with respect to goods imported from the Soviet Union. P.L. 100-418 (August 23, 1988), 102 Stat. 1313, 1314.
35 See,35 See, ~~e.g., Trade and Tariff~~ e.g., T rade and T ariff Act of 1984, P.L. 98-573 (October 30, 1984) §503, 98 Stat. 2948. See also Carol J. Pier, Act of 1984, P.L. 98-573 (October 30, 1984) §503, 98 Stat. 2948. See also Carol J. Pier,
“Workers’ Rights Provisions in Fast “Workers’ Rights Provisions in Fast ~~Track~~T rack Authority, 1974-2007.” Authority, 1974-2007.”
36 See36 See P.L. 100-418. P.L. 100-418.
37 37 ~~USITC~~USIT C Report, p. vii. Report, p. vii.
38 See,38 See, e.g., Int’l Labor Rights Funde.g., Int’l Labor Rights Fund v. United States, 29 C.I.Tv. United States, 29 C.I.T . 1050, 1055 (2005); U.S. Congress, Senate, . 1050, 1055 (2005); U.S. Congress, Senate, A Bill to
~~Amend~~Am end the Tariff Act of 1930 to ~~Eliminate the Consumptive Demand~~Elim inate the Consum ptive Dem and Exception Relating to the ~~Importation~~Im portation of Goods
Made with Forced Labor, S.1157, 110th Cong., 1st sess.,, S.1157, 110th Cong., 1st sess., introduced in Senate April 19, 2007; Marc Ellenbogen, “introduced in Senate April 19, 2007; Marc Ellenbogen, “ Can Can
the the ~~Tariff~~T ariff Act Combat Endemic Child Act Combat Endemic Child Labor Abuses—Labor Abuses—~~The Case~~ T he Case of Cote d’Ivoire,” of Cote d’Ivoire,” Texas Law Review 82 (2004), pp. 82 (2004), pp.
1131, 1136, 1139; Senate debate, 1131, 1136, 1139; Senate debate, Congressional Record, vol. 71, part 4 (October 14, 1929), p. 4494. , vol. 71, part 4 (October 14, 1929), p. 4494.
39 Int’l Labor Rights Fund 39 Int’l Labor Rights Fund v. United States, 29 C.I.Tv. United States, 29 C.I.T . at 1055. . at 1055.
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues

Figure 1. Withhold Release Orders (WROs): Issued and In Force

Source: U.S. Customs and Border Protection. U.S. Customs and Border Protection.
Note: *2021 through Jan. 30. CBP may rescind WROs.*2021 through Jan. 30. CBP may rescind WROs. However,However, as the figure indicates, such rescissionsas the figure indicates, such rescissions are are
rare. rare.
Although enforcement of the prohibition declined around the turn of the Although enforcement of the prohibition declined around the turn of the ~~millennium~~mil ennium, Congress , Congress
continued to be interested in mitigating forced labor and child labor. In 1998, Congress forbade continued to be interested in mitigating forced labor and child labor. In 1998, Congress forbade
the Customs Service from using funds to the Customs Service from using funds to ~~allow~~al ow the importation of goods produced with forced the importation of goods produced with forced
labor.40 In 2000, Congress amended Section 307 to include “forced or indentured child labor” in labor.40 In 2000, Congress amended Section 307 to include “forced or indentured child labor” in
its definition of forced labor.41 Congress also continued to insist that U.S. trade agreements its definition of forced labor.41 Congress also continued to insist that U.S. trade agreements
include worker rights provisions that reflected core include worker rights provisions that reflected core ~~internationally~~international y recognized rights.42 Moreover, recognized rights.42 Moreover,
Congress passed significant legislation related to human trafficking, notably the Trafficking Congress passed significant legislation related to human trafficking, notably the Trafficking
Victims Protection Act of 2000 (P.L. 106-386) and subsequent reauthorizations.43Victims Protection Act of 2000 (P.L. 106-386) and subsequent reauthorizations.43
Despite this legislative Despite this legislative activity, according to the Court of International Trade in 2005, Section activity, according to the Court of International Trade in 2005, Section
307’s consumptive demand provision continued to “subordinate[] human rights concerns to the 307’s consumptive demand provision continued to “subordinate[] human rights concerns to the
availabilityavailability of the goods at issue by means of domestic production.”44 In 2015, perhaps reflecting of the goods at issue by means of domestic production.”44 In 2015, perhaps reflecting
a congressional commitment to anti-trafficking measures and concern over global labor a congressional commitment to anti-trafficking measures and concern over global labor
conditions, Congress eliminated the consumptive demand provision of Section 307, as part of the conditions, Congress eliminated the consumptive demand provision of Section 307, as part of the
Trade Facilitation and Trade Enforcement Act (TFTEA, P.L. 114-125).45 In addition, TFTEA also Trade Facilitation and Trade Enforcement Act (TFTEA, P.L. 114-125).45 In addition, TFTEA also
required CBP to submit to the Senate Finance Committee and the House Ways and Means required CBP to submit to the Senate Finance Committee and the House Ways and Means
Committee an annual report on CBP’s enforcement activities with respect to Section 307.46 CBP Committee an annual report on CBP’s enforcement activities with respect to Section 307.46 CBP

~~40 Treasury~~ 40 T reasury and General Government Appropriations Act, 1998, P.L. 105-61 (October 10, 1997) §634, 111 Stat. 1272. and General Government Appropriations Act, 1998, P.L. 105-61 (October 10, 1997) §634, 111 Stat. 1272.
41 41 ~~Trade~~T rade and Development Act of 2000, P.L. 106-200, (May 18, 2000) §411, 114 Stat. 251. Codified at 19 U.S.C. and Development Act of 2000, P.L. 106-200, (May 18, 2000) §411, 114 Stat. 251. Codified at 19 U.S.C.
§1307. §1307.
42 See,42 See, e.g., North American Agreement on Labor Cooperation, opened for signature Sept. 8, 1993, 32 I.L.M. 1499 e.g., North American Agreement on Labor Cooperation, opened for signature Sept. 8, 1993, 32 I.L.M. 1499
(entered into force Jan. 1, 1994); (entered into force Jan. 1, 1994); ~~Trade Act~~ T rade Act of 2002, P.L. 107-210 (August 6, 2002) §2102(a)(6, 7, 9), (b)(11, 17), (c); of 2002, P.L. 107-210 (August 6, 2002) §2102(a)(6, 7, 9), (b)(11, 17), (c);
116 Stat. 933, 994, 1002-1003. See also Kimberly Ann Elliott, 116 Stat. 933, 994, 1002-1003. See also Kimberly Ann Elliott, Preferences for Workers? ~~Worker~~ Worker Rights and the U.S.
Generalized System of Preferences,, Peterson Institute for International Economics, May 28, 1998; Carol J. Pier, Peterson Institute for International Economics, May 28, 1998; Carol J. Pier,
“Workers’ Rights Provisions in Fast “Workers’ Rights Provisions in Fast ~~Track~~T rack Authority, 1974-2007.” Authority, 1974-2007.”
43 Victims of 43 Victims of ~~Trafficking~~T rafficking and Violence Protection Act of 2000 and Violence Protection Act of 2000 , P.L. 106-386 (October 28, 2000), 108 Stat. 1902. , P.L. 106-386 (October 28, 2000), 108 Stat. 1902.
44 Int’l Labor Rights Fund44 Int’l Labor Rights Fund v. United States, 29 C.I.Tv. United States, 29 C.I.T . at 1057. . at 1057.
45 45 ~~Trade~~T rade Facilitation and Facilitation and ~~Trade~~T rade Enforcement Act of 2015 (“TFTEA”), P.L. 114-125 (February 24, 2016) §910(a); 130 Enforcement Act of 2015 (“TFTEA”), P.L. 114-125 (February 24, 2016) §910(a); 130
Stat. 122, 239. Codified at 19 U.S.C.Stat. 122, 239. Codified at 19 U.S.C. §4453. §4453.
46 Ibid. 46 Ibid.
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expected that the changes to Section 307 would “enhance [its] ability to prevent products made expected that the changes to Section 307 would “enhance [its] ability to prevent products made
with forced labor from being imported into the United States.”47 with forced labor from being imported into the United States.”47
In 2017, Congress legislated a new approach to Section 307 enforcement for North Korean goods In 2017, Congress legislated a new approach to Section 307 enforcement for North Korean goods
~~specifically~~ specifical y. Section 231 of the Countering America’s Adversaries Through Sanctions Act of 2017 . Section 231 of the Countering America’s Adversaries Through Sanctions Act of 2017
(CAATSA,(CAATSA, P.L. 115-44) creates a presumption that goods mined, produced, or manufactured by P.L. 115-44) creates a presumption that goods mined, produced, or manufactured by
North Korean nationals have been produced by forced labor and are thus prohibited from North Korean nationals have been produced by forced labor and are thus prohibited from
importation under Section 307.48 The presumption can be rebutted only if the CBP Commissioner importation under Section 307.48 The presumption can be rebutted only if the CBP Commissioner
finds by clear and convincing evidence that such goods were not produced by forced labor.49finds by clear and convincing evidence that such goods were not produced by forced labor.49
In the years after TFTEA eliminated the consumptive demand provision, enforcement of Section In the years after TFTEA eliminated the consumptive demand provision, enforcement of Section
307 increased in frequency and scope. Since 2016, CBP has issued 28 WROs through the date of 307 increased in frequency and scope. Since 2016, CBP has issued 28 WROs through the date of
this report. Although this report. Although ~~traditionally~~traditional y WROs were issued against specific goods from specific WROs were issued against specific goods from specific
producers or manufactured in specific facilities, since 2016 CBP has issued four producers or manufactured in specific facilities, since 2016 CBP has issued four ~~geographically~~geographical y
bounded orders, such as the WROs banning cotton from Turkmenistan and tobacco from Malawi. bounded orders, such as the WROs banning cotton from Turkmenistan and tobacco from Malawi.
In 2020, WROs targeted Chinese-manufactured hair products, garments and apparel, cotton, and In 2020, WROs targeted Chinese-manufactured hair products, garments and apparel, cotton, and
computer parts; Malaysian disposable gloves and palm oil; and seafood harvested by two computer parts; Malaysian disposable gloves and palm oil; and seafood harvested by two
specified Taiwan-flagged fishing vessels and a Vanuatu-flagged fishing vessel. specified Taiwan-flagged fishing vessels and a Vanuatu-flagged fishing vessel.
The majority of WROs issued by CBP since 1990 have targeted Chinese goods. Many were The majority of WROs issued by CBP since 1990 have targeted Chinese goods. Many were
issued between 1991 and 1993, but the number declined after the United States and China issued between 1991 and 1993, but the number declined after the United States and China
negotiated agreements relating to goods made with prison labor, notably a 1992 Memorandum of negotiated agreements relating to goods made with prison labor, notably a 1992 Memorandum of
Understanding (MOU)50 and a 1994 Statement of Cooperation. These agreements provided for Understanding (MOU)50 and a 1994 Statement of Cooperation. These agreements provided for
the exchange of information and requests for inspections, although many observers and officials the exchange of information and requests for inspections, although many observers and officials
have considered China’s compliance with the MOU to have been inconsistent.51 Like some U.S. have considered China’s compliance with the MOU to have been inconsistent.51 Like some U.S.
industry groups, representatives of Chinese trade associations have argued that U.S. efforts are industry groups, representatives of Chinese trade associations have argued that U.S. efforts are
hypocritical due to the use of U.S. prison labor in U.S. manufacturing.52hypocritical due to the use of U.S. prison labor in U.S. manufacturing.52
Since 2016, China has again become a focus of Section 307 cases. Sixteen WROs have been Since 2016, China has again become a focus of Section 307 cases. Sixteen WROs have been
issued against products from China, with a total of 34 in force, as of January 2021issued against products from China, with a total of 34 in force, as of January 2021 (Figure 2).
The recent increase reflects, in part, The recent increase reflects, in part, ~~allegations~~al egations of systematic state-sponsored forced labor of of systematic state-sponsored forced labor of
Muslim minority groups in XinjiangMuslim minority groups in Xinjiang (see (see “Forced Labor in Xinjiang”). ).

~~47 U.S.~~ 47 U.S. CBP, “Forced Labor,” available at https://www.cbp.gov/trade/programs-administration/forced-labor. CBP, “Forced Labor,” available at https://www.cbp.gov/trade/programs-administration/forced-labor.
48 Countering America’s Adversaries 48 Countering America’s Adversaries ~~Through~~T hrough Sanctions Act Sanctions Act ~~(“CAATSA~~ (“CAAT SA”), P.L. 115-44 (August 2, 2017) §302A, ”), P.L. 115-44 (August 2, 2017) §302A,
codifiedcodified at 22 U.S.C.at 22 U.S.C. §9241a. §9241a.
49 Ibid.; 49 Ibid.; U.S.U.S. CBP, “CBP, “ Countering America’s AdversariesCountering America’s Adversaries ~~Through~~ T hrough Sanctions Act: Sanctions Act: ~~Title~~T itle III Section 321 Frequently Asked III Section 321 Frequently Asked
Questions,” March 6, 2018. Questions,” March 6, 2018.
50 China-United States, Memorandum of Understanding on Prohibiting Import and Export Trade in Prison Labor 50 China-United States, Memorandum of Understanding on Prohibiting Import and Export Trade in Prison Labor
Products, AugustProducts, August 7, 1992, 3 I.L.M. 1071 (1992). 7, 1992, 3 I.L.M. 1071 (1992).
51 John Dotson and 51 John Dotson and ~~Teresa~~T eresa Vanfleet, Vanfleet, Prison Labor Exports from China and Implications for U.S. Policy, U.S.-China , U.S.-China
Economic and SecurityEconomic and Security ~~Review~~ Review Commission, JulyCommission, July 9, 2014; U.S.9, 2014; U.S. Government Accountability Office, Government Accountability Office, U.S. China Trade,
~~Implementation~~Im plem entation of the 1992 Prison Labor ~~Memorandum~~Mem orandum of Understanding , GAO/GGD-95-106, April 1995, p. 2; U.S. , GAO/GGD-95-106, April 1995, p. 2; U.S.
Congress, Senate Committee on Foreign Relations, Congress, Senate Committee on Foreign Relations, U.S. ~~Implementation~~Im plem entation of Prison Labor ~~Agreements~~Agreem ents with China , ,
hearings, 105th Cong., 1st sess., May 21, 1997, S. Hrg.hearings, 105th Cong., 1st sess., May 21, 1997, S. Hrg. 105-253 (Washington, DC: GPO, 1997). 105-253 (Washington, DC: GPO, 1997).
~~52 Testimony~~52 T estimony by Shengfu Wu, China National Forest Products Industry Association, Marketing Department Director, in by Shengfu Wu, China National Forest Products Industry Association, Marketing Department Director, in
U.S.U.S. International International ~~Trade~~T rade Commission Commission, Multilayered Wood Flooring from China, Investigation Nos. 701-TA-476 and , Investigation Nos. 701-TA-476 and
731-731-TAT A-1179 (Preliminary), November 12, 2010. -1179 (Preliminary), November 12, 2010.
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Figure 2. WROs by Country

Source: U.S. Customs and Border Protection. U.S. Customs and Border Protection.
Section 307 Application
Under the current regulations implementing Section 307, any person who “has reason to believe Under the current regulations implementing Section 307, any person who “has reason to believe
that any class of merchandise that is being, or is likelythat any class of merchandise that is being, or is likely to be, imported into the United States is to be, imported into the United States is
being produced, whether by mining, manufacture, or other means, in any foreign locality with the being produced, whether by mining, manufacture, or other means, in any foreign locality with the
use of convict labor, forced labor, or indentured labor under penal sanctions, including forced use of convict labor, forced labor, or indentured labor under penal sanctions, including forced
child labor or indentured child labor under penal sanctions” may communicate that belief to child labor or indentured child labor under penal sanctions” may communicate that belief to
CBP.53 Persons outside of CBP may report such reasonable beliefs by submitting a statement CBP.53 Persons outside of CBP may report such reasonable beliefs by submitting a statement
accompanied by a detailed description of the merchandise and accompanied by a detailed description of the merchandise and ~~all~~ al pertinent facts they have pertinent facts they have
availableavailable to any port director, to the Commissioner, or online.54 to any port director, to the Commissioner, or online.54 ~~Additionally,~~ Additional y, port directors and port directors and
other principal Customs officers are required to report any such reasonable beliefs they have other principal Customs officers are required to report any such reasonable beliefs they have
about possible product-forced labor linkages to the CBP Commissioner.55 CBP has not published about possible product-forced labor linkages to the CBP Commissioner.55 CBP has not published
precise guidance on the information that should be contained in such reports, leading to some precise guidance on the information that should be contained in such reports, leading to some
criticism about the process (see criticism about the process (see “Section 307 Enforcement”). ”).
Upon receipt of a report, the Commissioner must initiate an investigation as “warranted by the Upon receipt of a report, the Commissioner must initiate an investigation as “warranted by the
circumstances of the case.”56 Because the amount and the reliability of information submitted to circumstances of the case.”56 Because the amount and the reliability of information submitted to
CBP can vary, the scale, scope, and timing of the investigation are left to the Commissioner’s CBP can vary, the scale, scope, and timing of the investigation are left to the Commissioner’s
discretion. If the Commissioner finds “that information available reasonably but not conclusively discretion. If the Commissioner finds “that information available reasonably but not conclusively
indicate” that imported merchandise may be the product of forced labor, he or she is required to indicate” that imported merchandise may be the product of forced labor, he or she is required to
issue a WRO to port directors, instructing them to withhold the release of the merchandise at issue a WRO to port directors, instructing them to withhold the release of the merchandise at
issue pending further instructions.57issue pending further instructions.57

53 19 C.F.R. §12.42. 53 19 C.F.R. §12.42.
54 19 C.F.R. §12.42(b). 54 19 C.F.R. §12.42(b).
55 19 C.F.R. §12.42(a). 55 19 C.F.R. §12.42(a).
56 19 C.F.R. §12.42(d). 56 19 C.F.R. §12.42(d).
57 19 C.F.R. §12.42(e). 57 19 C.F.R. §12.42(e).
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An importer has three months to contest a An importer has three months to contest a
Figure 3. Application of Section 307
WRO.58 To succeed in contesting a WRO, an WRO.58 To succeed in contesting a WRO, an
importer must demonstrate that they have importer must demonstrate that they have
made “every reasonable effort to determine made “every reasonable effort to determine
the source of the merchandise and of every the source of the merchandise and of every
component thereof and to ascertain the component thereof and to ascertain the
character of labor used in the production of character of labor used in the production of
the merchandise and each of its components” the merchandise and each of its components”
(see below).59 If the importer successfully (see below).59 If the importer successfully
contests the WRO, the merchandise may be contests the WRO, the merchandise may be
released into the United States. If the importer released into the United States. If the importer
does not successfully contest the WRO and does not successfully contest the WRO and
does not remove the merchandise at issue does not remove the merchandise at issue
from the United States, or reexport it, within from the United States, or reexport it, within
60 days, CBP is authorized to seize and 60 days, CBP is authorized to seize and

destroy it.60 Beyond publishing the date, destroy it.60 Beyond publishing the date,
Source: U.S. Customs and Border Protection. U.S. Customs and Border Protection.
merchandise type, manufacturer, and status of merchandise type, manufacturer, and status of
a WRO, CBPa WRO, CBP does not does not ~~generally~~general y publish information about specific detentions, reexportations, publish information about specific detentions, reexportations,
exclusions, or seizures.exclusions, or seizures.
Following the issuance of a WRO, if the Commissioner finds that the covered merchandise is Following the issuance of a WRO, if the Commissioner finds that the covered merchandise is
conclusively subject to Section 307, the Commissioner, with the approval of the Secretary of the conclusively subject to Section 307, the Commissioner, with the approval of the Secretary of the
Department of Homeland Security,61 Department of Homeland Security,61 ~~will~~ wil publish such a finding in the publish such a finding in the Customs Bulletin and the and the
Federal Register.62 The publication of a finding authorizes CBP to seize the unreleased .62 The publication of a finding authorizes CBP to seize the unreleased
merchandise and commence forfeiture proceedings.63 On October 20, 2020, CBP merchandise and commence forfeiture proceedings.63 On October 20, 2020, CBP ~~issued its first~~
~~finding since 1996~~found, after , after obtaining conclusive evidence that the imported goods were made with obtaining conclusive evidence that the imported goods were made with
forced labor.64 The finding authorized CBP to seize (rather than just withhold release) and forced labor.64 The finding authorized CBP to seize (rather than just withhold release) and
commence forfeiture proceedings on imports of stevia produced or manufactured in China by the commence forfeiture proceedings on imports of stevia produced or manufactured in China by the
Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd.Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd.
~~Responsibilities of Importers~~
~~U.S. companies importing goods into the United States have a general obligation to exercise~~
~~“reasonable care” and to take necessary and appropriate steps to ensure that imported goods~~
~~comply with U.S. laws and regulations, including those related to forced labor (see Text Box). As~~
~~per the Customs Modernization Act (Mod Act),65 the importer of record is responsible for~~
~~exercising reasonable care to enter, classify, and determine the value of imports, and to provide~~

65 On March 29, 2021, CBP issued another finding authorizing CBP to seize certain disposable gloves manufactured by Top Glove Corporation Bhd. in Malaysia.66 These were CBP’s first two findings since 1996. 58 19 C.F.R. §12.43(a). 58 19 C.F.R. §12.43(a).
59 19 C.F.R. §12.43(a-b). 59 19 C.F.R. §12.43(a-b).
60 19 C.F.R. §12.44(a-b). In addition to forfeiture, persons who transport certain goods made with penal labor may be 60 19 C.F.R. §12.44(a-b). In addition to forfeiture, persons who transport certain goods made with penal labor may be
subjectsubject to criminal penalties. See, e.g., 19 U.S.C.to criminal penalties. See, e.g., 19 U.S.C. §§1761§§1761 -1762. -1762.
61 See61 See “Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and “Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and ~~Technical~~T echnical
Corrections,” 82 Corrections,” 82 Federal Register 26582, June 8, 2017. 26582, June 8, 2017.
62 19 C.F.R. §12.42(f). 62 19 C.F.R. §12.42(f).
63 19 C.F.R. §12.44(b). 63 19 C.F.R. §12.44(b).
64 U.S.64 U.S. CBP, “CBP, “ Notice of Finding Notice of Finding ~~That~~T hat Certain Stevia Extracts and Derivatives Produced in the People’s Republic of Certain Stevia Extracts and Derivatives Produced in the People’s Republic of
China With the Use of Convict, Forced or Indentured Labor Are Being,China With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely or Are Likely ToT o Be, Imported Into the United Be, Imported Into the United
States,” 85 States,” 85 Federal Register 66574, October 20, 2020. 66574, October 20, 2020.
65 65 ~~P.L. 103-182, Title VI, 107 Stat. 2057.~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~any other information necessary to enable CBP to properly assess duties, collect accurate~~
Ibid. 66 U.S. CBP, “Notice of Finding T hat Certain Disposable Gloves Produced in Malaysia With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely T o Be, Imported Into the United States,” 86 Federal Register 16380, March 29, 2021. Congressional Research Service 9 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Responsibilities of Importers U.S. companies importing goods into the United States have a general obligation to exercise “reasonable care” and to take necessary and appropriate steps to ensure that imported goods comply with U.S. laws and regulations, including those related to forced labor (see Text Box). As per the Customs Modernization Act (Mod Act),67 the importer of record is responsible for exercising reasonable care to enter, classify, and determine the value of imports, and to provide any other information necessary to enable CBP to properly assess duties, col ect accurate statistics, and determine whether other applicable legal requirements have been met. statistics, and determine whether other applicable legal requirements have been met.
As such, CBP advises that importers must exercise reasonable care over their supply chains and As such, CBP advises that importers must exercise reasonable care over their supply chains and
understand where and how their products are manufactured or produced.understand where and how their products are manufactured or produced.6668 Companies, Companies,
particularly those operating in industries and geographies at higher risk of forced labor, are particularly those operating in industries and geographies at higher risk of forced labor, are
~~generally~~ general y advised by CBP to address forced labor risks through supply chain due diligence (see advised by CBP to address forced labor risks through supply chain due diligence (see
Text Box), maintaining a comprehensive social compliance system, obtaining U.S. import ), maintaining a comprehensive social compliance system, obtaining U.S. import
certifications of origin, and including forced labor prohibition provisions in contract terms.certifications of origin, and including forced labor prohibition provisions in contract terms.6769 CBP CBP
and other agencies (including DOL), as and other agencies (including DOL), as ~~well~~ wel as certain NGOs, offer support and resources for as certain NGOs, offer support and resources for
advising on best practices and reporting on forced labor issues.advising on best practices and reporting on forced labor issues.6870 In response to a WRO, an In response to a WRO, an
importer may contend that the good was not produced by forced labor for example, by submitting importer may contend that the good was not produced by forced labor for example, by submitting
a certificate of origin signed by the foreign a certificate of origin signed by the foreign ~~seller~~sel er, and a statement (e.g., third-party audit) , and a statement (e.g., third-party audit)
demonstrating the goods were not produced with forced labor. demonstrating the goods were not produced with forced labor.
Exercising Reasonable Care Over Supply Chains
U.S. importers U.S. importers have a general obligation to exercisehave a general obligation to exercise “reasonable care” in importing into the United“reasonable care” in importing into the United States, which States, which
includes the responsibilityincludes the responsibility to take reliableto take reliable ~~measures~~ measures to ensure imported goods are not produced whol y or in part to ensure imported goods are not produced whol y or in part
with forced labor. To promote importers’with forced labor. To promote importers’ ~~compliance~~ compliance with CBP laws and regulations related to forced labor, CBP with CBP laws and regulations related to forced labor, CBP
guidance includes scoping questions that prompt importersguidance includes scoping questions that prompt importers ~~to69~~
~~1. Establish reliable procedures~~ to71  Establish reliable procedures to ensure goods are not being imported in violation of 19 U.S.C. §1307 and to ensure goods are not being imported in violation of 19 U.S.C. §1307 and
19 C.F.R.19 C.F.R. §§12.42-12.44; §§12.42-12.44;
2.  Know how goods are made, by whom, where, and under what labor conditions; Know how goods are made, by whom, where, and under what labor conditions;
3.  Review CBP’s “Forced Labor” web page, which includes a list of active withhold releaseReview CBP’s “Forced Labor” web page, which includes a list of active withhold release orders and orders and
findings, findings, as wel ~~as well~~ as forced labor fact sheets; as forced labor fact sheets;
4.  Review the Department of Labor’sReview the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor; List of Goods Produced by Child Labor or Forced Labor;
5.  Obtain a “ruling” from CBP regarding admissibilityObtain a “ruling” from CBP regarding admissibility of imported goods under 19 U.S.C. §1307; of imported goods under 19 U.S.C. §1307;
6.  Establish a procedure of conducting periodic internal audits to check for forced labor in the supply chain;Establish a procedure of conducting periodic internal audits to check for forced labor in the supply chain;
7.  Establish a reliableEstablish a reliable procedure for third-parties to conduct periodic,procedure for third-parties to conduct periodic, unannounced audits of supply chain;unannounced audits of supply chain;
8.  Review the ILO’sReview the ILO’s “Indicators of Forced Labour”; 67 P.L. 103-182, Title VI, 107 Stat. 2057. 68 U.S. ~~“Indicators of Forced Labour”;~~
~~9. Vet new suppliers/vendors for forced labor risks through questionnaires or other means;~~
~~10. Include terms in contracts with suppliers that prohibit use of forced labor, a time frame to take~~
~~corrective action if forced labor is identified, and consequences if corrective action is not taken;~~
~~11. Put in place a comprehensive and transparent social compliance system;~~
~~12. Develop a reliable program or procedure to maintain and produce any required customs entry~~
~~documentation and supporting information.~~

~~66 U.S.~~ CBP, “Forced Labor Frequently Asked Questions,” https://www.cbp.gov/trade/programs-administration/forced-CBP, “Forced Labor Frequently Asked Questions,” https://www.cbp.gov/trade/programs-administration/forced-
labor/frequently-asked-questions. labor/frequently-asked-questions.
6769 Clare Connellan et al., Clare Connellan et al., US Customs & Border Protection Enforces Forced Labor Prohibition in First Action Against
Vessel,, White & Case,White & Case, April 2019; and April 2019; and ~~Teresa~~T eresa Polino, David Salkeld, Polino, David Salkeld, and Arent Fox, “and Arent Fox, “ US Announces NewUS Announces New Strategy to Strategy to
Combat Forced Labor in USCombat Forced Labor in US Imports,” JD Supra,Imports,” JD Supra, February 12, 2020. February 12, 2020.
6870 For example, see, U.S. For example, see, U.S. CBP ~~CBP~~, Responsible Business Practices on Forced Labor Risk in the Global Supply Chain , ,
AugustAugust 2018; and U.S.2018; and U.S. DOL, “DOL, “ Comply Chain: BusinessComply Chain: Business ~~Tools~~ T ools for Labor Compliance in Global for Labor Compliance in Global ~~Supply~~ Supply Chains,” Chains,”
https://www.dol.gov/general/apps/ilab-comply-chain. https://www.dol.gov/general/apps/ilab-comply-chain.
6971 U.S. U.S. CBP, CBP, What Every Member of the Trade Community Should Know: Reasonable Care, An Informed Compliance , An Informed Compliance
Publication, September 2017. Publication, September 2017.
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues
 Vet new suppliers/vendors for forced labor risks through questionnaires or other means;  Include terms in contracts with suppliers that prohibit use of forced labor, a time frame to take corrective action if forced labor is identified, and consequences if corrective action is not taken ;  Put in place a comprehensive and transparent social compliance system;  Develop a reliable program or procedure to maintain and produce any required customs entry documentation and supporting information.
The importer of record may face liability for noncompliance with Section 307. For example, in its The importer of record may face liability for noncompliance with Section 307. For example, in its
first civil enforcement action since the passage of TFTEA, in August 2020, CBP fined Pure Circle first civil enforcement action since the passage of TFTEA, in August 2020, CBP fined Pure Circle
U.S.A. Inc. $575,000 after an investigation found evidence of past imports of stevia made with U.S.A. Inc. $575,000 after an investigation found evidence of past imports of stevia made with
prison labor in China.prison labor in China.~~70 Additionally,~~ 72 Additional y, the Tariff Act of 1930 permits CBP to impose civil penalties the Tariff Act of 1930 permits CBP to impose civil penalties
for any person who “by fraud, gross negligence, or negligence” introduces or attempts to for any person who “by fraud, gross negligence, or negligence” introduces or attempts to
introduce any merchandise into the United States by means of false information or material introduce any merchandise into the United States by means of false information or material
omissions.omissions.7173 Such penalties can extend to persons beyond the importer of record. Such penalties can extend to persons beyond the importer of record.7274 A person or A person or
corporation that “benefits, corporation that “benefits, ~~financially~~financial y or by receiving anything of value, from participation in a or by receiving anything of value, from participation in a
venture which has engaged in the providing or obtaining of [forced labor],” when that person or venture which has engaged in the providing or obtaining of [forced labor],” when that person or
corporation knew, or recklessly disregarded, how the labor was obtained may face further corporation knew, or recklessly disregarded, how the labor was obtained may face further
criminal and civil penalties under anti-trafficking laws.criminal and civil penalties under anti-trafficking laws.~~73 While traditionally~~75 While traditional y such prosecutions such prosecutions
have focused on importers, the Trump Administration indicated it is seeking to enforce these have focused on importers, the Trump Administration indicated it is seeking to enforce these
provisions more broadly, including in potential actions against company and corporate officials.provisions more broadly, including in potential actions against company and corporate officials.7476
Multinationals and Supply Chain Due Diligence
Reports by NGOs, Reports by NGOs, research institutes, and mediaresearch institutes, and media have documented a number of U.S. companieshave documented a number of U.S. companies and international and international
brands implicated,brands implicated, directly or indirectly, in forced labor in their supply chains.directly or indirectly, in forced labor in their supply chains.7577 Certain multinational companies Certain multinational companies
have developed codes of conduct, social audits, risk management and due diligencehave developed codes of conduct, social audits, risk management and due diligence ~~measures~~ measures to prevent and to prevent and
mitigate their exposure, often through col aborativemitigate their exposure, often through col aborative efforts with civil society,efforts with civil society, government, and international government, and international
organizations,organizations,7678 and in response and in response to various national legislationto various national legislation on labor-related disclosureon labor-related disclosure requirements.requirements.~~77 Many~~
~~U.S. companies have issued public commitments to eliminate forced labor in their supply chains and emphasize a~~
~~zero tolerance approach. Recent reports by KnowTheChain, a nongovernmental partnership, benchmarks such~~
~~efforts of global companies in three sectors at relatively high risk for forced labor (information and~~
~~communications technology, food and beverage, and apparel and footwear), and finds companies have made~~
~~advancements, but there remains significant room for improvement.78 In general, companies tend to be more~~

~~70 U.S. CBP, “~~79 Many 72 U.S. CBP, “ CBP Collects $575,000 from Pure Circle U.S.A. for Stevia Imports Made with Forced LaborCBP Collects $575,000 from Pure Circle U.S.A. for Stevia Imports Made with Forced Labor ,” August ,” August
13, 2020. CBP has not identified the legal basis13, 2020. CBP has not identified the legal basis under which it leviedunder which it levied the penalty, but it is possiblethe penalty, but it is possible that it was imposed that it was imposed
under 19 U.S.C.under 19 U.S.C. §1592. Current CBP regulations indicate that violations of Section 307 are subject to forfeiture §1592. Current CBP regulations indicate that violations of Section 307 are subject to forfeiture
proceedings, see 19 C.FR.proceedings, see 19 C.FR. §12.44, so it may be that CBP relied on Section 1592 to levy §12.44, so it may be that CBP relied on Section 1592 to levy ~~the~~t he civil penalty. civil penalty.
7173 19 U.S.C. 19 U.S.C. §1592(a). §1592(a).
7274 United States v. United States v. ~~Trek~~T rek Leather, Inc., 767 F.3d 1288, 1300 (Fed. Cir. 2014). Leather, Inc., 767 F.3d 1288, 1300 (Fed. Cir. 2014).
73 75 18 U.S.C. 18 U.S.C. §1589; Laura Ezell, “Human §1589; Laura Ezell, “Human ~~Trafficking~~T rafficking in Multinational Supply Chains: A Corporate Director’s in Multinational Supply Chains: A Corporate Director’s
FiduciaryFiduciary Duty to Monitor and Eliminate Human Duty to Monitor and Eliminate Human ~~Trafficking~~T rafficking Violations,” Violations,” Vanderbilt Law Review 69, no. 2 (March 69, no. 2 (March
2016); Stefan Schumann, “Corporate Criminal Liability on Human 2016); Stefan Schumann, “Corporate Criminal Liability on Human ~~Trafficking~~T rafficking,” ,” The Palgrave International Handbook
of ~~Human~~Hum an Trafficking (New York: Palgrave Macmillan, 2019). (New York: Palgrave Macmillan, 2019).
7476 In November 2019, Kenneth Kennedy, head of Immigration and Customs Enforcement’s (ICE) Forced Labor In November 2019, Kenneth Kennedy, head of Immigration and Customs Enforcement’s (ICE) Forced Labor
Program stated that the agency is “Program stated that the agency is “ under extraordinary pressure from Congress and the White Houseunder extraordinary pressure from Congress and the White House to enforce [forced to enforce [forced
labor] laws,”labor] laws,” and the Department of Justice is “willingand the Department of Justice is “willing to prosecute retailers…online marketplaces and so on.” Arthur to prosecute retailers…online marketplaces and so on.” Arthur
Friedman, “Jail Friedman, “Jail ~~Time~~T ime Awaits Retailers Awaits Retailers ~~Trading~~T rading in Forced-Labor Goods,” in Forced-Labor Goods,” Sourcing Journal, November 11, 2019. , November 11, 2019.
7577 For example, see Peter Whoriskey and Rachel Siegel, For example, see Peter Whoriskey and Rachel Siegel, “ “Cocoa’s child laborers,” Cocoa’s child laborers,” Washington Post, JuneJune 5, 2019; 5, 2019;
Vicky Xiuzhong XuVicky Xiuzhong Xu et al., et al., Uyghurs for Sale: ‘Re-education’, Forced Labour and Surveillance Beyond ~~Xinjiang~~X injiang, ,
Australian Strategic Policy Institute (ASPI), Policy Brief Report No. 26/2020, March 2020.Australian Strategic Policy Institute (ASPI), Policy Brief Report No. 26/2020, March 2020.
76 78 For example, OECD, For example, OECD, Due Diligence Guidance for Responsible Business Conduct, 2018 and , 2018 and Update of the OECD
Guidelines for Multinational Enterprises,, 2011; 2011; Principles of Fair Labor and Responsible Sourcing ,, Fair Labor Fair Labor
Association, https://www.fairlabor.org/our-work/principles. Per the OECD, “Association, https://www.fairlabor.org/our-work/principles. Per the OECD, “ risk-based duerisk-based due ~~diligence~~ diligence refers to the steps refers to the steps
companies shouldcompanies should take to identify and addresstake to identify and address actual or potential risks in order to actual or potential risks in order to ~~prevent~~pre vent or mitigate adverse impacts or mitigate adverse impacts
associated with their activities or sourcing decisions.” associated with their activities or sourcing decisions.”
7779 Nicola Phillips, Genevieve Lebaron, and Sara Wallin, Nicola Phillips, Genevieve Lebaron, and Sara Wallin, Mapping and Measuring the Effectiveness of Labour-related Congressional Research Service 11 link to page 28 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues U.S. companies have issued public commitments to eliminate forced labor in their supply chains and emphasize a zero tolerance approach. Recent reports by KnowTheChain, a nongovernmental partnership, benchmarks such efforts of global companies in three sectors at relatively high risk for forced labor (information and communications technology, food and beverage, and apparel and footwear), and finds companies have made advancements, but there remains significant room for improvement.80 In general, companies tend to be more advanced in developing supply chain commitments and monitoring the labor conditions of their first-tier suppliers.81 While overal efforts have made important strides in certain sectors, some critics argue that broader accountability and transparency measures are needed to reinforce Section 307 enforcement. To this end, some bil s introduced during the 116th Congress and 117th Congress aim to improve disclosure and ~~of Labour-related~~
~~Disclosure Requirements for Global Supply Chains, Working Paper No. 32, ILO, June 2018.~~
~~78 KnowTheChain is a partnership between Humanity United, the Business & Human Rights Resource Centre,~~
~~Sustainalytics, and Verité. See KnowTheChain, Forced Labor Action Compared: Findings From Three Sectors, 2017;~~
~~KnowTheChain, Three Sectors, Three Years Later: Progress and Gaps in the Fight Against Forced Labor, April 2019.~~
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~~link to page 28~~ ~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~advanced in developing supply chain commitments and monitoring the labor conditions of their first-tier~~
~~suppliers.79 While overall efforts have made important strides in certain sectors, some critics argue that broader~~
~~accountability and transparency measures are needed to reinforce Section 307 enforcement.~~
~~To this end, some bil s introduced during the 116th Congress aimed to improve disclosure and~~ transparency of transparency of
companies (for more,companies (for more, see see “Section 307 Enforcement”). There have been similar. There have been similar ~~legislative~~ legislative efforts in the past, but efforts in the past, but
no bil passed successful y at the federal level.no bil passed successful y at the federal level. Section 1502 of Title XV of the DoddSection 1502 of Title XV of the Dodd -Frank -Frank ~~Wall~~ Wal Street Reform and Street Reform and
Consumer Protection Act (P.L. 111-203) requires publicly-traded companies to report if and where they Consumer Protection Act (P.L. 111-203) requires publicly-traded companies to report if and where they
purchased “conflict minerals”purchased “conflict minerals” mined in or sourced frommined in or sourced from the Democraticthe Democratic Republic of the Congo (DRC) or Republic of the Congo (DRC) or
adjoining countries, and engage in due diligence reporting.adjoining countries, and engage in due diligence reporting.80 82 While Section 1502 was intended to prevent While Section 1502 was intended to prevent
companies from directlycompanies from directly or indirectlyor indirectly financing armed groups in the DRC, the due diligence frameworksfinancing armed groups in the DRC, the due diligence frameworks that firms that firms
use to comply use to comply ~~generally~~general y also cover child labor and/or other forced labor, which has been widely documented in also cover child labor and/or other forced labor, which has been widely documented in
the DRC and somethe DRC and some other countries.other countries.8183
In recent years,In recent years, there have also been state government efforts to address forced labor. The California there have also been state government efforts to address forced labor. The California
Transparency in Supply Chains Act, which took effect in 2012, requiresTransparency in Supply Chains Act, which took effect in 2012, requires large retailerslarge retailers and manufacturers to and manufacturers to
disclosedisclose on their websites “efforts to eradicate slavery and human trafficking fromon their websites “efforts to eradicate slavery and human trafficking from [their] direct supply chain for [their] direct supply chain for
tangible goods offered for sale.”tangible goods offered for sale.”~~82 Disclosures~~ 84 Disclosures are required in five areas: verification,are required in five areas: verification, audits, certification,audits, certification, internal internal
accountability, and training. These laws do not mandate that companies take specific actions, however. accountability, and training. These laws do not mandate that companies take specific actions, however.
CBP Resources
Prior to 2016, CBP handled forced labor issues through an informal internal forced labor task Prior to 2016, CBP handled forced labor issues through an informal internal forced labor task
force, which force, which ~~sporadically~~sporadical y pulled approximately 8-12 staff from other divisions on a temporary pulled approximately 8-12 staff from other divisions on a temporary
basis.basis.8385 The informal structure and lack of permanent staff may have contributed to the previously The informal structure and lack of permanent staff may have contributed to the previously
mentioned difficulties in enforcing Section 307.mentioned difficulties in enforcing Section 307.
The passage of TFTEA in 2016 and elimination The passage of TFTEA in 2016 and elimination of the “consumptive demand” exception perhaps of the “consumptive demand” exception perhaps
signaled continued congressional interest in human trafficking, forced labor, and trade signaled continued congressional interest in human trafficking, forced labor, and trade
enforcement more enforcement more ~~generally~~general y. Subsequently, CBP created the Trade Enforcement Task Force, . Subsequently, CBP created the Trade Enforcement Task Force,
which was to focus on “issues related to enforcement of antidumping and countervailing duty which was to focus on “issues related to enforcement of antidumping and countervailing duty
laws, and interdiction of imported products using forced labor.”laws, and interdiction of imported products using forced labor.”8486 In 2018, CBP transformed the Disclosure Requirem ents for Global Supply Chains, Working Paper No. 32, ILO, June 2018. 80 KnowT heChain is a partnership between Humanity United, the Business & Human Rights Resource Centre, Sustainalytics, and Verité. See KnowT heChain, Forced Labor Action Com pared: Findings From Three Sectors, 2017; KnowT heChain, Three Sectors, Three Years Later: Progress and Gaps in the Fight Against Forced Labor, April 2019. 81 KnowT heChain, 2017, p. 5. 82 “Conflict minerals” generally include ~~In 2018, CBP transformed the~~
~~informal task force into the formal Forced Labor Division, located within the Office of Trade.85~~
~~CBP has increased the division’s resources, expanding its expenditures from $1 million in~~
~~FY2018 to $1.4 million in FY2019—this accounts for less than 1% of the Office of Trade’s~~
~~budget.86 According to CBP, as of mid-2020, 13 full-time positions were allocated to the Forced~~

~~79 KnowTheChain, 2017, p. 5.~~
~~80 “Conflict minerals” generally include~~ columbite-tantalite (coltan), cassiterite, gold, wolframite, or their derivatives. columbite-tantalite (coltan), cassiterite, gold, wolframite, or their derivatives.
~~81 See CRS~~ 83 See CRS Report R42618, Report R42618, Conflict Minerals in Central Africa: U.S. and International Responses, by Nicolas Cook. , by Nicolas Cook.
RegardingRegarding Section 1502, compliance costs, practicalities of compliance (e.g., supply chain tracking challenges and Section 1502, compliance costs, practicalities of compliance (e.g., supply chain tracking challenges and
businessbusiness confidentiality), effectiveness of reporting, and impact on the ground wereconfidentiality), effectiveness of reporting, and impact on the ground were extensively debated. extensively debated. ~~The~~T he section’s section’s
provisions have also been subject to litigation. provisions have also been subject to litigation. ~~The~~T he quality of Section 1502 due quality of Section 1502 due ~~diligence~~ diligence reporting varies, reporting varies, ~~according~~ac cording to to
the Responsible Sourcingthe Responsible Sourcing Network (RSN).Network (RSN). ~~See RSN,~~ See RSN, Mining the Disclosures 2019: An Investor Guide to Conflict
Minerals and Cobalt Reporting in Year Six, December 6, 2019. , December 6, 2019.
8284 Cal. Civ. Code, §1714.43. Cal. Civ. Code, §1714.43. ~~The~~T he law applies to any company doing business law applies to any company doing business in California with annual worldwidein California with annual worldwide gross gross
receipts of greater than $100 million. receipts of greater than $100 million.
8385 Based Based on email correspondence between CRSon email correspondence between CRS and CBP staff. and CBP staff.
8486 U.S. U.S. CBP, “CBP Creates CBP, “CBP Creates ~~Trade Enforcement Task~~T rade Enforcement T ask Force,” Press release, May 2, 2016. Congressional Research Service 12 link to page 21 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues informal task force into the formal Forced Labor Division, located within the Office of Trade.87 CBP has increased the division’s resources, expanding its expenditures from $1 mil ion in FY2018 to $1.4 mil ion in FY2019—this accounts for less than 1% of the Office of Trade’s budget.88 According to CBP, as of mid-2020, 13 full-time positions were al ocated to the Forced Labor Division.89 ~~Force,” Press release, May 2, 2016.~~
~~85 Paul Koscak, “CBP Takes Aim at Forced Labor,” https://www.cbp.gov/frontline/cbp-takes-aim-forced-labor.~~
~~86 U.S. GAO,~~ ~~Forced Labor Imports: DHS Increased Resources and Enforcement Efforts, but Needs to Improve~~
~~Workforce Planning and Monitoring, GAO-21-106, October 27, 2020, p. 15.~~
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~~Labor Division.87~~ Other offices within CBP also contribute to the agency’s investigative work and Other offices within CBP also contribute to the agency’s investigative work and
enforcement efforts, including the review of forced labor enforcement efforts, including the review of forced labor ~~allegations~~al egations and the verification of and the verification of
import trends, on an as-needed basis.import trends, on an as-needed basis.8890 (See (See “Department of Homeland Security.”.”) )
According to the U.S. Government Accountability Office (GAO), CBP’s Forced Labor Division According to the U.S. Government Accountability Office (GAO), CBP’s Forced Labor Division
has not completely assessed and documented its workforce needs, and staff shortages perpetuate has not completely assessed and documented its workforce needs, and staff shortages perpetuate
~~challenges~~chal enges in effectively enforcing Section 307. in effectively enforcing Section 307.8991 According to CBP officials, the division has According to CBP officials, the division has
suspended ongoing investigations due to staff shortages, and does not have enough resources to suspended ongoing investigations due to staff shortages, and does not have enough resources to
reassess the effectiveness of existing WROs, among other issues. GAO recommended that CBP: reassess the effectiveness of existing WROs, among other issues. GAO recommended that CBP:
(1) perform a needs assessment to identify potential gaps in its Forced Labor Division workforce; (1) perform a needs assessment to identify potential gaps in its Forced Labor Division workforce;
(2) issue guidance or take other steps to improve the completeness, consistency, and accuracy of (2) issue guidance or take other steps to improve the completeness, consistency, and accuracy of
summary data on active, suspended, and inactive investigations; and (3) set targets for summary data on active, suspended, and inactive investigations; and (3) set targets for
performance indicators related to Section 307 enforcement. CBP’s FY2021 budget justification performance indicators related to Section 307 enforcement. CBP’s FY2021 budget justification
requests funding for an additional 50 positions for requests funding for an additional 50 positions for ~~overall~~ overal Trade Agreement, Remedies and Trade Agreement, Remedies and
Enforcement Personnel. The new personnel are expected to “strengthen [Office of Trade] Enforcement Personnel. The new personnel are expected to “strengthen [Office of Trade]
enforcement efforts around key trade issues such as … forced labor.”enforcement efforts around key trade issues such as … forced labor.”9092
Trends: U.S. Trade and Forced Labor
While data on rates of forced labor are imprecise due to a range of factors, such as lack of data While data on rates of forced labor are imprecise due to a range of factors, such as lack of data
collection capacities in many countries and the structure of some industries, the ILO has collection capacities in many countries and the structure of some industries, the ILO has
estimated that in 2016, 24.9 estimated that in 2016, 24.9 ~~million~~mil ion people were engaged in forced labor, 16 people were engaged in forced labor, 16 ~~million~~mil ion of these in of these in
the private sector.the private sector.~~91 Globally~~93 Global y, domestic work and construction are the leading sectors, accounting , domestic work and construction are the leading sectors, accounting
for more than 40% of forced labor used by the private sector, followed by manufacturing (15%), for more than 40% of forced labor used by the private sector, followed by manufacturing (15%),
and agriculture and fishing (11%).and agriculture and fishing (11%).92
94 Sizing up the volume of trade flows tied to forced labor is difficult, in part due to the complexity Sizing up the volume of trade flows tied to forced labor is difficult, in part due to the complexity
of supply chains, the magnitude of global trade flows, and tracing of supply chains, the magnitude of global trade flows, and tracing ~~challenges~~chal enges. There is limited . There is limited
aggregate data on global and domestic consumption patterns with respect to goods made with aggregate data on global and domestic consumption patterns with respect to goods made with
forced labor, though sectoral case studies by country or region can offer some insights on major forced labor, though sectoral case studies by country or region can offer some insights on major
exporting sectors. U.S. data are limited, as CBP does not disclose the value of shipments exporting sectors. U.S. data are limited, as CBP does not disclose the value of shipments
produced by forced labor that are imported, detained, or seized pursuant to a WRO. WROs have produced by forced labor that are imported, detained, or seized pursuant to a WRO. WROs have
also typical y~~also typically~~ applied to specific companies, for which data can be proprietary or undisclosed in applied to specific companies, for which data can be proprietary or undisclosed in
records at the buyer and shipment level. The Forced Labor Program in Homeland Security records at the buyer and shipment level. The Forced Labor Program in Homeland Security
~~Investigations (HSI)93 reported that it seized $1.4 million worth of products produced with forced~~
~~labor, domestically and internationally, in FY2018.94~~
~~Reports produced by the International Labor Affairs Bureau (ILAB) of DOL provide broad~~
insights on high-risk countries and sectors for forced labor. The 2020 List of Goods Produced by

~~87 Based on email correspondence between CRS and CBP staff.~~
~~88 For more detail, see U.S. GAO, October 2020, pp. 13, 47.~~
~~89 U.S. GAO, October 2020.~~
~~90 Department of Homeland Security, U.S. CBP, Budget Overview, FY 2021, p. CBP-OS-58.~~
91 87 Paul Koscak, “CBP T akes Aim at Forced Labor,” https://www.cbp.gov/frontline/cbp-takes-aim-forced-labor. 88 U.S. GAO, Forced Labor Imports: DHS Increased Resources and Enforcement Efforts, but Needs to Improve Workforce Planning and Monitoring, GAO-21-106, October 27, 2020, p. 15. 89 Based on email correspondence between CRS and CBP staff. 90 For more detail, see U.S. GAO, October 2020, pp. 13, 47. 91 U.S. GAO, October 2020. 92 Department of Homeland Security, U.S. CBP, Budget Overview, FY 2021, p. CBP -OS-58. 93 ILO, ILO, Ending Forced Labour by 2030: A Review of Policies and Programmes, 2018. For information on obstacles to , 2018. For information on obstacles to
measuringmeasuring labor trafficking, see ILO, labor trafficking, see ILO, ~~Measurement~~Measurem ent of Forced Labor, October 2018, pp. 12-14. , October 2018, pp. 12-14.
9294 ILO, Ending Forced Labour by 2030, 2018, p. 33. Congressional Research Service 13 link to page 17 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Investigations (HSI)95 reported that it seized $1.4 mil ion worth of products produced with forced labor, domestical y and international y, in FY2018.96 Reports produced by the International Labor Affairs Bureau (ILAB) of DOL provide broad insights on high-risk countries and sectors for forced labor. The 2020 List of Goods Produced by ~~ILO, Ending Forced Labour by 2030, 2018, p. 33.~~
~~93 An investigative arm of ICE.~~
~~94 Department of Homeland Security, ICE,~~ ~~Forced Labor and Forced Child Labor: Fiscal Year 2018 Report to~~
~~Congress, May 24, 2019. Note, ICE did not report comparative figures in its FY2019 report.~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

Child Labor or Forced Labor specifies 63 distinct categories of goods in 41 countries with specifies 63 distinct categories of goods in 41 countries with
production by forced labor (seproduction by forced labor (see Figure 4).9597 Twenty-six of these countries are Twenty-six of these countries are ~~specifically~~specifical y cited cited
for forced child labor in ILAB’s latest for forced child labor in ILAB’s latest List of Products Produced by Forced or Indentured Child
Labor..9698 Considering listed countries collectively, the highest incidence of forced labor is in the Considering listed countries collectively, the highest incidence of forced labor is in the
bricks, cotton, garments, cattle, fish, gold, and sugarcane sectors. China (17 goods), Burma (13), bricks, cotton, garments, cattle, fish, gold, and sugarcane sectors. China (17 goods), Burma (13),
India (8), and North Korea (7) are the top countries in terms of the most categories of goods India (8), and North Korea (7) are the top countries in terms of the most categories of goods
subject to forced labor production. subject to forced labor production.
Figure 4. Countries with Production by Forced Labor and/or Forced Child Labor

Source: U.S. Department of Labor,U.S. Department of Labor, Bureau of International Labor Affairs,Bureau of International Labor Affairs, 2020 List of Goods Produced by Child
Labor or Forced Labor and and 2019 List of Products Produced by Forced or Indentured Child Labor. .
Notes: * Categories overlap and some countries with forced child labor also have incidence of non-child forced * Categories overlap and some countries with forced child labor also have incidence of non-child forced
labor; in its categorization, ILAB does not definitively distinguish countries as exclusivelylabor; in its categorization, ILAB does not definitively distinguish countries as exclusively one or the other.one or the other.
Several factors limit insights into precise estimates of U.S. imports affected by forced labor. Several factors limit insights into precise estimates of U.S. imports affected by forced labor.
ILABILAB reports on countries and goods found to have a “significant incidence” of forced labor, but reports on countries and goods found to have a “significant incidence” of forced labor, but
notes that the listing of any particular good and country cannot be generalized to notes that the listing of any particular good and country cannot be generalized to ~~all production of~~
~~that good in the country.97 ILAB also does not distinguish between goods produced for domestic~~
~~consumption and for export, nor does it indicate the relative weight of the forced labor good as a~~
~~share of the country’s exports of the good. In the past, some commentators have urged that the~~
~~child labor and forced labor list correspond with specific product codes under the U.S.~~
~~Harmonized Tariff Schedule, to improve specificity, analysis, and interagency consultation.98 In~~
~~addition, the list focuses on raw goods and materials.~~

~~95 Figures do not include countries/goods produced by child labor. ILAB considers~~ al production of 95 An investigative arm of ICE. 96 Department of Homeland Security, ICE, Forced Labor and Forced Child Labor: Fiscal Year 2018 Report to Congress, May 24, 2019. Note, ICE did not report comparative figures in its FY2019 report. 97 Figures do not include countries/goods produced by child labor. ILAB considers evidence of child labor and forced evidence of child labor and forced
labor separately to determine whether either or both were usedlabor separately to determine whether either or both were used in production. While some goodsin production. While some goods are listed asare listed as produced produced
with both child labor and forced labor, ILAB notes this does not necessarily imply production withwith both child labor and forced labor, ILAB notes this does not necessarily imply production with forced childchild labor. labor.
~~96 The~~98 T he latest complete list is for 2019; see https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products. In latest complete list is for 2019; see https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products. In
October 2020, DOL made an initial determination to add CambodiaOctober 2020, DOL made an initial determination to add Cambodia to the list, bringing the to the list, bringing the ~~total~~t otal to 26 countries. See to 26 countries. See
“Notice of Initial Determination Revising the List of Products Requiring“Notice of Initial Determination Revising the List of Products Requiring ~~Federal~~ Federal Contractor Certification as to Forced Contractor Certification as to Forced
or Indentured Childor Indentured Child Labor,” 85 FederalLabor,” 85 Federal Register 62325, October 2, 2020. Congressional Research Service 14 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues that good in the country.99 ILAB also does not distinguish between goods produced for domestic consumption and for export, nor does it indicate the relative weight of the forced labor good as a share of the country’s exports of the good. In the past, some commentators have urged that the child labor and forced labor list correspond with specific product codes under the U.S. Harmonized Tariff Schedule, to improve specificity, analysis, and interagency consultation.100 In addition, the list focuses on raw goods and materials. ~~Register 62325, October 2, 2020.~~
~~97 U.S. DOL, ILAB, 2020 List of Goods Produced by Child Labor or Forced Labor, pp. 80-81.~~
~~98 U.S. DOL, “Notice of Procedural Guidelines for the Development and Maintenance of the List of Goods From~~
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A growing priority of ILAB is addressing the impact of forced labor on global supply chains. An A growing priority of ILAB is addressing the impact of forced labor on global supply chains. An
estimated 70% of global trade involves globalestimated 70% of global trade involves global supply chains, with production taking place across supply chains, with production taking place across
multiple countries.multiple countries.99101 As a result, trade in services, raw materials, parts and components often As a result, trade in services, raw materials, parts and components often
repeatedly cross borders, confounding the repeatedly cross borders, confounding the ~~challenge~~chal enge of identifying and tracing forced labor in of identifying and tracing forced labor in
supply chains, beyond the “first-tier,” which is comprised of a company’s direct suppliers. supply chains, beyond the “first-tier,” which is comprised of a company’s direct suppliers.
Congress has attempted to address such issues by mandating the expansion of DOL’s list of Congress has attempted to address such issues by mandating the expansion of DOL’s list of
goods produced by forced or child labor to include goods made with goods produced by forced or child labor to include goods made with inputs produced by forced or produced by forced or
child labor.child labor.~~100~~102 The 2020 DOL list highlights supply chains with documented forced labor risks, The 2020 DOL list highlights supply chains with documented forced labor risks,
including those involving cobalt, a key input for lithium ion batteries; cocoa, an input to including those involving cobalt, a key input for lithium ion batteries; cocoa, an input to
chocolate products; and palm oil, an input to consumer products, such as soap. chocolate products; and palm oil, an input to consumer products, such as soap.
Forced Labor in Xinjiang
Nine of the 17 Chinese goods in ILAB’s 2020 list relate to forced labor production in Xinjiang. Nine of the 17 Chinese goods in ILAB’s 2020 list relate to forced labor production in Xinjiang.
At least ten WROs issued recently against China have centered on concerns of forced labor in At least ten WROs issued recently against China have centered on concerns of forced labor in
Xinjiang—a growing target of trade enforcement actions (see Xinjiang—a growing target of trade enforcement actions (see Text Box). Since 2017, according ). Since 2017, according
to various reports, authorities in Xinjiang have implemented mass detentions of ethnic Uyghurs to various reports, authorities in Xinjiang have implemented mass detentions of ethnic Uyghurs
and other Turkic Muslims in politicaland other Turkic Muslims in political “re-education” centers, some of which include assignment “re-education” centers, some of which include assignment
to factory work within the facilities.to factory work within the facilities.~~101~~103 In addition, Chinese factories, within and outside the In addition, Chinese factories, within and outside the
XinjiangXinjiang region, are reportedly using Uyghur forced labor or employing former detainees under region, are reportedly using Uyghur forced labor or employing former detainees under
coercive conditions. According to the Australian Strategic Policy Institute (ASPI), at least 27 coercive conditions. According to the Australian Strategic Policy Institute (ASPI), at least 27
factories in nine Chinese provinces have used transferred labor since 2017; those factories claim factories in nine Chinese provinces have used transferred labor since 2017; those factories claim
to be part of the supply chain of more than 80 global brands.to be part of the supply chain of more than 80 global brands.~~102~~104
In one case that received significant media attention, CBP officials seized almost 13 tons of In one case that received significant media attention, CBP officials seized almost 13 tons of
imported human hair products at the Port of New York/Newark.imported human hair products at the Port of New York/Newark.~~103~~105 In September 2020, CBP 99 U.S. DOL, ILAB, 2020 List of Goods Produced by Child Labor or Forced Labor, pp. 80-81. 100 U.S. DOL, “Notice of Procedural Guidelines for the Development and Maintenance of the List of Goods From Countries Produced by Child Labor or Forced Labor; Request for Information,” 72 Federal Register 73374, December 27, 2007. 101 OECD, “ T he ~~In September 2020, CBP~~
~~issued five WROs to ban imports of certain cotton, apparel, computer parts, and other products~~
~~from Xinjiang, including all products from a specified facility.104 Subsequently on November 30,~~
~~2020, CBP issued a WRO banning the import of all cotton and cotton products produced by the~~
~~Xinjiang Production and Construction Corporation (XPCC) and its affiliates—a major~~
~~producer—as well as any products made in whole or in part with that cotton, such as apparel,~~
~~garments, and textiles.105 These actions stopped short of a region-wide WRO, which was~~

~~Countries Produced by Child Labor or Forced Labor; Request for Information,” 72 Federal Register 73374, December~~
~~27, 2007.~~
~~99 OECD, “The~~ trade policy implications of global value chains,” https://www.oecd.org/trade/topics/global-value- trade policy implications of global value chains,” https://www.oecd.org/trade/topics/global-value-
chains-and-trade/. chains-and-trade/.
~~100~~102 Per the Frederick Douglass Per the Frederick Douglass ~~Trafficking~~ T rafficking Victims Prevention and Protection Reauthorization Act of 2018, 22 U.S.C. Victims Prevention and Protection Reauthorization Act of 2018, 22 U.S.C.
§7112(b)(2)(C)). Also, see U.S.§7112(b)(2)(C)). Also, see U.S. DOL, DOL, 2020 List of Goods Produced by Child Labor or Forced Labor, p. 42. , p. 42.
~~101~~103 For more information and analysis on developments in Xinjiang and treatment of Uyghurs, see CRS For more information and analysis on developments in Xinjiang and treatment of Uyghurs, see CRS In Focus In Focus
IF10281, IF10281, Uyghurs in China, by , by ~~Thomas~~T homas Lum and Michael A. Weber; Congressional-Executive Commission on China, Lum and Michael A. Weber; Congressional-Executive Commission on China,
Global Supply Chains, Forced Labor, and the Xinjiang Uyghur ~~Autonomous~~Autonom ous Region , Staff Research Report, March , Staff Research Report, March
2020; and Adrian2020; and Adrian Zenz, Zenz, Beyond the ~~Camps~~Cam ps: Beijing’s Grand ~~Scheme~~Schem e of Forced Labor, Poverty Alleviation and Social
Control in Xinjiang, SocArXiv Papers, July 12, 2019. , SocArXiv Papers, July 12, 2019.
~~102~~104 Vicky Xiuzhong Xu Vicky Xiuzhong Xu et al., et al., Uyghurs for Sale: ‘Re-education’, Forced Labour and Surveillance Beyond Xinjiang, ,
Policy Brief Report No. 26/2020, ASPI, March 2020. Policy Brief Report No. 26/2020, ASPI, March 2020.
~~103~~105 U.S. U.S. CBP, “CBP Detains Chinese Shipment of SuspectedCBP, “CBP Detains Chinese Shipment of Suspected Forced Labor Products MadeForced Labor Products Made with Human Hair,” Press release, July 1, 2020. Congressional Research Service 15 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues issued five WROs to ban imports of certain cotton, apparel, computer parts, and other products from Xinjiang, including al products from a specified facility.106 Subsequently on November 30, 2020, CBP issued a WRO banning the import of al cotton and cotton products produced by the Xinjiang Production and Construction Corporation (XPCC) and its affiliates—a major producer—as wel as any products made in whole or in part with that cotton, such as apparel, garments, and textiles.107 These actions stopped short of a region-wide WRO, which was reportedly under consideration at the time.108 In~~with Human Hair,” Press~~
~~release, July 1, 2020.~~
~~104 “U.S. CBP, “DHS Cracks Down on Goods Produced by China’s State-Sponsored Forced Labor,” Press release,~~
~~September 14, 2020.~~
~~105 While the actions fell short of a region-wide ban of cotton, acting Deputy Homeland Security Secretary Ken~~
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~~reportedly under consideration at the time.106 But in~~ January 2021, CBP went a step further and January 2021, CBP went a step further and
issued issued a region-wide WRO on cotton, tomatoes and downstream products from Xinjiang (see a region-wide WRO on cotton, tomatoes and downstream products from Xinjiang (see
below).below).~~107~~109
Other Reporting and Trade-Related Enforcement Actions
The increase in WROs has coincided with heightened response The increase in WROs has coincided with heightened response across the executive branch to the Chinese across the executive branch to the Chinese
government’sgovernment’s ~~repressive~~ repressive activities in Xinjiang. Recent annual State Department reports referenceactivities in Xinjiang. Recent annual State Department reports reference state-sponsored state-sponsored
forced labor of ethnic minoritiesforced labor of ethnic minorities in Xinjiang.in Xinjiang.~~108~~110 In addition, between October 2019 and June 2020, Commerce In addition, between October 2019 and June 2020, Commerce
added 37 Chinese companies to the Bureau of Industry and Security’sadded 37 Chinese companies to the Bureau of Industry and Security’s (BIS) Entity List, which restricts(BIS) Entity List, which restricts exports of exports of
certain items to listedcertain items to listed entities due to U.S. national security priorities.entities due to U.S. national security priorities.~~109~~ 111 The BIS actions relate lessThe BIS actions relate less directly to directly to
forced labor practices and moreforced labor practices and more broadly target the Chinese government’sbroadly target the Chinese government’s ~~surveillance~~ surveil ance and control of information, and control of information,
communications,communications, and movementand movement in Xinjiang. Commercein Xinjiang. Commerce added another 11 entities in July 2020, reflecting China’s added another 11 entities in July 2020, reflecting China’s
“campaign of repression,“campaign of repression, mass arbitrary detention, forced labor, involuntary col ectionmass arbitrary detention, forced labor, involuntary col ection of biometricof biometric data, and data, and
genetic analyses targeted at Muslimgenetic analyses targeted at Muslim minority groups” fromminority groups” from Xinjiang.Xinjiang.~~110~~112
Xinjiang Xinjiang commodities and products are used as inputs in finished goods in China and neighboring commodities and products are used as inputs in finished goods in China and neighboring
countries, putting entire regional supply chains at risk of exposure to forced labor production. In countries, putting entire regional supply chains at risk of exposure to forced labor production. In
July 2020, the Departments of State, Commerce, the Treasury, and Homeland Security issued a July 2020, the Departments of State, Commerce, the Treasury, and Homeland Security issued a
joint Xinjiang Supply Chain Business Advisory. The advisory recommended that businesses with joint Xinjiang Supply Chain Business Advisory. The advisory recommended that businesses with
operations in Xinjiangoperations in Xinjiang “be aware of the reputational, economic, and legal risks of involvement “be aware of the reputational, economic, and legal risks of involvement
with entities that engage in human rights abuses, including but not limited to forced labor in the with entities that engage in human rights abuses, including but not limited to forced labor in the
manufacture of goods intended for domestic and international distribution.”manufacture of goods intended for domestic and international distribution.”~~111~~
113 U.S. experts have identified high-risk sectors to include agricultural products (e.g., tomatoes), U.S. experts have identified high-risk sectors to include agricultural products (e.g., tomatoes),
cotton, textiles, apparel and footwear, electronics, food products, mining, chemicals, and medical cotton, textiles, apparel and footwear, electronics, food products, mining, chemicals, and medical
equipment.equipment.~~112~~114 There has been a particular focus and congressional concern regarding textile and There has been a particular focus and congressional concern regarding textile and
~~apparel supply chains, as China is the world’s largest producer of yarn, textiles, and apparel, and~~
~~a top producer of cotton; Xinjiang cotton accounts for more than 80% of China’s cotton and a~~
~~fifth of global supply.113 One U.S. expert characterizes these supply chains as “complex and often~~

~~Cuccinelli~~ 106 “U.S. CBP, “ DHS Cracks Down on Goods Produced by China’s State-Sponsored Forced Labor,” Press release, September 14, 2020. 107 While the actions fell short of a region-wide ban of cotton, acting Deputy Homeland Security Secretary Ken Cuccinelli stated that given XPCC is “so massive” and deeply embeddedstated that given XPCC is “so massive” and deeply embedded in the region’s economy, “even though it in the region’s economy, “even though it
appears that it’s a singleappears that it’s a single company, from our perspective it is equivalent to a regional WRO.” U.S.company, from our perspective it is equivalent to a regional WRO.” U.S. CBP, “CBP, “ CBP Issues CBP Issues
Detention Order on Cotton Products Made by XinjiangDetention Order on Cotton Products Made by Xinjiang Production and Construction Corps Using Prison LaborProduction and Construction Corps Using Prison Labor ,” Press ,” Press
release, December 2, 2020; Gavin Bade,release, December 2, 2020; Gavin Bade, “ “DHS blocks cotton imports from major Chinese firm over forced labor,” DHS blocks cotton imports from major Chinese firm over forced labor,”
Politico Pro, December 2, 2020. , December 2, 2020.
~~106~~108 Doug Doug Palmer, “Palmer, “ CBP could take action against Xinjiang cotton products,” CBP could take action against Xinjiang cotton products,” Politico, September 8, 2020; and Ben Fox, , September 8, 2020; and Ben Fox,
“US halts imports from China’s Uighur“US halts imports from China’s Uighur region for forced labor,” region for forced labor,” Washington Post, September 14, 2020. , September 14, 2020.
~~107~~109 U.S. U.S. CBP, “CBP, “ CBP IssuesCBP Issues Region-Wide Withhold Release Order on Products Made by SlaveRegion-Wide Withhold Release Order on Products Made by Slave Labor in Xinjiang,” Labor in Xinjiang,”
Press release, January 13, 2021. Press release, January 13, 2021.
~~108~~110 U.S. U.S. Department of State, Department of State, 2020 Trafficking in Persons Report, June 2020, pp. 153-157. June 2020, pp. 153-157.
~~109~~111 U.S. U.S. Department of Commerce,Department of Commerce, “Commerce Department Adds Eleven Chinese Entities Implicated in Human Rights “Commerce Department Adds Eleven Chinese Entities Implicated in Human Rights
AbusesAbuses in Xinjiangin Xinjiang to the Entity List,” Press release, July 20, 2020. to the Entity List,” Press release, July 20, 2020.
~~110~~112 Ibid. Ibid.
~~111~~113 U.S. U.S. Departments of State, the Departments of State, the ~~Treasury~~T reasury, Commerce, and Homeland Security, , Commerce, and Homeland Security, Xinjiang Supply Chain Business
Advisory: Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor
and other ~~Human~~Hum an Rights Abuses in Xinjiang , July 1, 2020, p. v1. , July 1, 2020, p. v1.
~~112~~114 Amy Lehr, Amy Lehr, Addressing Forced Labor in the Xinjiang Autonomous Region , Center for Strategic and International , Center for Strategic and International
~~Studies, July 2020, pp. 2-3; Congressional-Executive Commission on China,~~ ~~Global Supply Chains, Forced Labor, and~~
~~the Xinjiang Uyghur Autonomous Region, Staff Research Report, March 2020, p. 6; and U.S. Departments of State,~~
~~Treasury, Commerce, and Homeland Security, Xinjiang Supply Chain Business Advisory, July 1, 2020, p. 16.~~
~~113 Amy Lehr, Addressing Forced Labor in the Xinjiang Autonomous Region, Center for Strategic and International~~
~~Studies, July 2020.~~
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Congressional Research Service 16 link to page 28 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues apparel supply chains, as China is the world’s largest producer of yarn, textiles, and apparel, and a top producer of cotton; Xinjiang cotton accounts for more than 80% of China’s cotton and a fifth of global supply.115 One U.S. expert characterizes these supply chains as “complex and often difficult to trace due to potential roles of middlemen and commodities traders and the practice of difficult to trace due to potential roles of middlemen and commodities traders and the practice of
blending cotton and yarn at certain stages.”blending cotton and yarn at certain stages.”~~114~~116 Because China is a major yarn and textile exporter, Because China is a major yarn and textile exporter,
textile and apparel from third countries are considered highly likely to be affected by forced labor. textile and apparel from third countries are considered highly likely to be affected by forced labor.
U.S. companies are primarily linked to forced labor through purchases that include Xinjiang U.S. companies are primarily linked to forced labor through purchases that include Xinjiang
inputs, rather than through direct shipments and relationships with factories—though there have inputs, rather than through direct shipments and relationships with factories—though there have
been such cases.been such cases.~~115~~117 One estimate suggests that of 13 One estimate suggests that of 13 ~~billion~~bil ion units of cotton garments imported into units of cotton garments imported into
the United States in 2019, at least 2 the United States in 2019, at least 2 ~~billion~~ bil ion were made, in part, in Xinjiang.were made, in part, in Xinjiang.~~116~~118
These conditions have led a number of stakeholders and some Members to advocate for CBP to These conditions have led a number of stakeholders and some Members to advocate for CBP to
issue a regional WRO, at least with regard to issue a regional WRO, at least with regard to ~~all~~ al cotton, yarn, fabric and finished apparel from cotton, yarn, fabric and finished apparel from
XinjiangXinjiang (see (see “Section 307 Enforcement””). In addition, a coalition of labor unions and NGOs has ). In addition, a coalition of labor unions and NGOs has
urged apparel brands and retailers to “take a stand” and withdraw from Xinjiang, concluding that urged apparel brands and retailers to “take a stand” and withdraw from Xinjiang, concluding that
“the only way brands can ensure they are not profiting from the exploitation is by exiting the “the only way brands can ensure they are not profiting from the exploitation is by exiting the
region and ending relationships with suppliers propping up this Chinese government system.”region and ending relationships with suppliers propping up this Chinese government system.”~~117~~119
Industry groups representing brands and retailers have emphasized zero tolerance for forced labor Industry groups representing brands and retailers have emphasized zero tolerance for forced labor
and ongoing collective efforts to address due diligence and ongoing collective efforts to address due diligence ~~challenges.118~~chal enges.120 On January 13, 2021, CBP On January 13, 2021, CBP
issued its first region-wide WRO against Xinjiangissued its first region-wide WRO against Xinjiang blocking blocking ~~all~~ al U.S. imports of cotton products U.S. imports of cotton products
and tomato products.and tomato products.~~119~~121 The order applies to “cotton and tomatoes grown in that region and to The order applies to “cotton and tomatoes grown in that region and to ~~all~~
al products made in whole or in part using this cotton or these tomatoes, regardless of where the products made in whole or in part using this cotton or these tomatoes, regardless of where the
downstream products are produced.”downstream products are produced.”~~120~~122 The agency cited several forced labor indicators in its The agency cited several forced labor indicators in its
investigation, including debt bondage, restriction of movement, isolation, intimidation and investigation, including debt bondage, restriction of movement, isolation, intimidation and
threats, withholding of wages, and abusive living and working conditions. threats, withholding of wages, and abusive living and working conditions.
~~Other U.S. Forced Labor and Anti-Labor Trafficking~~
~~Measures~~
~~Numerous U.S. government measures may inform the issuance of WROs under Section 307 and~~
~~seek to address labor trafficking more broadly.121 For example, the October 2020 National Action~~
~~Plan to Combat Human Trafficking establishes, in principle, the need to “Build capacity to~~
~~prohibit goods produced with forced labor from entering United States markets.” The plan’s~~
~~priority actions include the publication by CBP of “an accessible explanation of its Withhold~~

~~114 Ibid., p. 4.~~
~~115~~ Studies, July 2020, pp. 2-3; Congressional-Executive Commission on China, Global Supply Chains, Forced Labor, and the Xinjiang Uyghur Autonom ous Region , Staff Research Report, March 2020, p. 6; and U.S. Departments of State, T reasury, Commerce, and Homeland Security, Xinjiang Supply Chain Business Advisory, July 1, 2020, p. 16. 115 Amy Lehr, Addressing Forced Labor in the Xinjiang Autonomous Region , Center for Strategic and International Studies, July 2020. 116 Ibid., p. 4. 117 Amy Lehr and Mariefaye Bechrakis, Amy Lehr and Mariefaye Bechrakis, Connecting the Dots in Xinjiang: Forced Labor, Forced Assimilation, and
Western Supply Chains, Center for Strategic and International Studies, October 2019, pp. 9, Center for Strategic and International Studies, October 2019, pp. 9 -10. -10.
~~116 Testimony~~118 T estimony by Scott Nova, Executive Director, Worker Rights Consortium, in U.S. Congress, by Scott Nova, Executive Director, Worker Rights Consortium, in U.S. Congress, House Ways and House Ways and
Means Committee, Means Committee, Enforcing the Ban on ~~Imports~~Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd , hearing, 116th Cong., 2nd
sess.,sess., September 17, 2020. September 17, 2020.
~~117~~119 Worker Rights Consortium, “ Worker Rights Consortium, “ 180+ Orgs Demand Apparel Brands End Complicity in Uyghur Forced Labour,”180+ Orgs Demand Apparel Brands End Complicity in Uyghur Forced Labour,” Press Press
release, July 23, 2020. release, July 23, 2020.
~~118~~120 “Joint statement from NRF, AAFA, FDRA, “Joint statement from NRF, AAFA, FDRA, RILA and USFIARILA and USFIA on Supplyon Supply Chains and Xinjiang,” July 23, 2020. Chains and Xinjiang,” July 23, 2020.
~~119~~121 U.S. U.S. CBP, “CBP, “ CBP IssuesCBP Issues Region-Wide Withhold Release Order on Products Made by SlaveRegion-Wide Withhold Release Order on Products Made by Slave Labor in Xinjiang,” Labor in Xinjiang,”
Press release, January 13, 2021. Press release, January 13, 2021.
~~120 Ibid.~~
~~121 For a fuller list of government entities involved in anti-trafficking efforts, see U.S. Department of Homeland~~
~~Security,~~ ~~Strategy to Combat Human Trafficking, the Importation of Goods Produced with Forced Labor, and Child~~
~~Sexual Exploitation, January 2020, and the President’s Interagency Task Force,~~ ~~Report on U.S. Government Efforts to~~
~~Combat Trafficking in Persons, October 2020.~~
~~Congressional Research Service~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

122 Ibid. Congressional Research Service 17 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Other U.S. Forced Labor and Anti-Labor Trafficking Measures Numerous U.S. government measures may inform the issuance of WROs under Section 307 and seek to address labor trafficking more broadly.123 For example, the October 2020 National Action Plan to Combat Human Trafficking establishes, in principle, the need to “Build capacity to prohibit goods produced with forced labor from entering United States markets.” The plan’s priority actions include the publication by CBP of “an accessible explanation of its Withhold Release Order and Findings process” and seeking the inclusion in future trade agreements Release Order and Findings process” and seeking the inclusion in future trade agreements
commitments “to prohibit the importation of goods produced with forced labor.”commitments “to prohibit the importation of goods produced with forced labor.”~~122~~
124 Department of Homeland Security
Within DHS, various offices engage with international forced labor issues. The DHS Center for Within DHS, various offices engage with international forced labor issues. The DHS Center for
Countering Human Trafficking, which is led by ICE, was established in September 2020, and Countering Human Trafficking, which is led by ICE, was established in September 2020, and ~~will~~
wil reportedly inform CBP forced labor actions as part of its mandate to support “federal criminal reportedly inform CBP forced labor actions as part of its mandate to support “federal criminal
investigations, victim assistance efforts, investigations, victim assistance efforts, ~~intelligence~~intel igence analysis, and outreach and training activities analysis, and outreach and training activities
related to human trafficking.”related to human trafficking.”~~123~~125 The Forced Labor Program of HSI Global Trade Investigations The Forced Labor Program of HSI Global Trade Investigations
(GTI) division conducts criminal investigations of (GTI) division conducts criminal investigations of ~~allegations~~al egations of forced labor related to goods of forced labor related to goods
imported into the United States, as imported into the United States, as ~~well~~ wel as domestic forced labor.as domestic forced labor.~~124~~126 The program works with The program works with
other government entities and civil society organizations to share and gather information about other government entities and civil society organizations to share and gather information about
forced labor.forced labor.~~125~~127 The CBP Office of Trade’s Regulatory Audit Office has partnered with CBP’s The CBP Office of Trade’s Regulatory Audit Office has partnered with CBP’s
Forced Labor Division to conduct forced labor surveys of selected imports. Established by Forced Labor Division to conduct forced labor surveys of selected imports. Established by
TFTEA, the Commercial Customs Operations Advisory Committee (COAC), composed of TFTEA, the Commercial Customs Operations Advisory Committee (COAC), composed of
members from the private sector, advises the Secretaries of Treasury and Homeland Security “on members from the private sector, advises the Secretaries of Treasury and Homeland Security “on
~~all~~ al matters involving the commercial operations” of CBP (see matters involving the commercial operations” of CBP (see Text Box).).~~126~~128 While much of While much of
COAC’s work on labor trafficking and imports is centered in its Forced Labor Working Group, its COAC’s work on labor trafficking and imports is centered in its Forced Labor Working Group, its
Trusted Trader Working Group reported on CBP plans to implement forced labor provisions into Trusted Trader Working Group reported on CBP plans to implement forced labor provisions into
the Custom Trade Partnership Against Terrorism (CTPAT), a voluntary public-private partnership the Custom Trade Partnership Against Terrorism (CTPAT), a voluntary public-private partnership
designed to strengthen international supply chains and U.S. border security.designed to strengthen international supply chains and U.S. border security.~~127~~129 CBP also CBP also
reportedly chairs an Interagency Working Group on Forced Labor.reportedly chairs an Interagency Working Group on Forced Labor.~~128~~
~~In May 2020, President Trump established a new interagency Forced Labor Enforcement Task~~
~~Force, chaired by the Secretary~~130 123 For a fuller list of government entities involved in anti-trafficking efforts, see U.S. Department of Homeland of Homeland Security, Strategy to Com bat Hum an Trafficking, the Im portation of Goods Produced with Forc ed Labor, and Child Sexual Exploitation, January 2020, and the President’s Interagency T ask Force, Report on U.S. Governm ent Efforts to Com bat Trafficking in Persons, October 2020. 124~~Security, as required by the United States-Mexico-~~
~~Canada Agreement Implementation Act (P.L. 116-113), to monitor U.S. enforcement of Section~~
~~307.129 The act directed the task force to meet quarterly “regarding active Withhold and Release~~
~~Orders, ongoing investigations, petitions received, and enforcement priorities, and other relevant~~
~~issues with respect to enforcing the [Section 307] prohibition.”130 The task force is also required~~

~~122~~ White House, White House, The National Action Plan to Combat Human Trafficking , October 19, 2020, p. 18. , October 19, 2020, p. 18.
~~123~~125 U.S. U.S. DHS,DHS, “DHS Launches New“DHS Launches New Center for Countering Human Center for Countering Human ~~Trafficking~~T rafficking,” Press release, October 20, 2020, and ,” Press release, October 20, 2020, and
CRSCRS correspondence with CBP, October 30, 2020. correspondence with CBP, October 30, 2020.
~~124~~126 U.S. U.S. ICE Homeland SecurityICE Homeland Security Investigations, Investigations, Forced Labor Program , July 2018. , July 2018.
~~125~~127 In 2019, In 2019, ~~GTI~~GT I announced a partnership with an anti-trafficking NGO, Liberty Shared. According announced a partnership with an anti-trafficking NGO, Liberty Shared. According to ICE, “to ICE, “ By using By using
its uniqueits unique authorities, and by partnering with organizations like Liberty Sharedauthorities, and by partnering with organizations like Liberty Shared with information about corporate supply with information about corporate supply
chains and financial flows, HSIchains and financial flows, HSI ~~seeks~~ seeks to gather information that will lead to successfulto gather information that will lead to successful prosecutions and significant prosecutions and significant
steps beingsteps being made in eliminating forced labor.” U.S.made in eliminating forced labor.” U.S. Immigration and Customs Enforcement, “Immigration and Customs Enforcement, “ ICE HSI GlobalICE HSI Global ~~Trade~~ T rade
Investigations Division Partners with Liberty Shared to Combat Forced Labor,” Press release, July 31, 2019. Investigations Division Partners with Liberty Shared to Combat Forced Labor,” Press release, July 31, 2019.
~~126~~128 P.L. 114-125 §109, 130 Stat. 122, 136, codified at 19 U.S.C. §4316. P.L. 114-125 §109, 130 Stat. 122, 136, codified at 19 U.S.C. §4316.

~~127~~129 COAC, COAC, Secure Trade Lanes Subcommittee: Trusted Trader Working Group, July, July 15, 2020. 15, 2020.
~~128~~130 GAO, GAO, Forced Labor, June, June ~~2020, pp. 32-33.~~
~~129 Task force activities relate to U.S. enforcement of Section 307 broadly and are not limited to USMCA parties,~~
~~though there are specific duties on enforcement and reporting regarding forced labor in Mexico per §744. P.L. 116-113~~
~~(January 29, 2020) §741(a); E.O. 13923, “Establishment of the Forced Labor Enforcement Task Force Under Section~~
~~741 of~~ 2020, pp. 32-33. Congressional Research Service 18 link to page 23 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues In May 2020, President Trump established a new interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, as required by the United States-Mexico- the United States-Mexico-Canada Agreement Implementation Act (P.L. 116-113), to monitor U.S. enforcement of Section 307.131 The act directed the task force to meet quarterly “regarding active Withhold and Release Orders, ongoing investigations, petitions received, and enforcement priorities, and other relevant issues with respect to enforcing the [Section 307] prohibition.”132 The task force is also required~~Canada Agreement Implementation Act,” 85 Federal Register 30587, May 20, 2020.~~
~~130 P.L. 116-113 §741(b), 134 Stat. 11, 88, codified at 19 U.S.C. §4681.~~
~~Congressional Research Service~~
18

~~link to page 22~~ ~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

to establish timelines for CBP response to Section 307 petitions, and submit a biannual report to to establish timelines for CBP response to Section 307 petitions, and submit a biannual report to
Congress detailing DHS enforcement activities related to forced labor, among other issues.Congress detailing DHS enforcement activities related to forced labor, among other issues.~~131~~

133 Recommendations by the Commercial Customs Operations Advisory Committee
A July 2020 report by COAC’sA July 2020 report by COAC’s Forced Labor WorkingForced Labor Working Group identified recommendationsGroup identified recommendations for CBP, such for CBP, such ~~as:132~~as134
 
Recognize WRO Remediation,, such as taking into account when importerssuch as taking into account when importers are “making genuine efforts are “making genuine efforts
to conduct due diligence and active remediation,”to conduct due diligence and active remediation,” and consider “utilizing grace periods during which CBP and consider “utilizing grace periods during which CBP
provides alertsprovides alerts and/or guidance to and/or guidance to ~~allow~~al ow the problem the problem to be sustainably resolvedto be sustainably resolved before issuing a WRO.” before issuing a WRO.”
 
Enhance Collaboration Between ~~Industry~~ Industry & U.S. Government to identify known forced labor risks to identify known forced labor risks
and address highest risks. and address highest risks.
 
Adjust WRO Process to take into consideration engaging U.S. government entities that may provide to take into consideration engaging U.S. government entities that may provide
servicesservices to those affected by CBP actions. to those affected by CBP actions.
 
Promote International Labor Organization (ILO) Standards,, including theincluding the ILO Declaration on the ILO Declaration on the
Fundamental PrinciplesFundamental Principles and Rights at Work,and Rights at Work, Convention 29, and the 2014 Protocol on Forced Labor.Convention 29, and the 2014 Protocol on Forced Labor.
 
Assist Importers to gain deeper knowledge to gain deeper knowledge of complex supply chains.of complex supply chains.
Departments of Labor and State
Other agencies have core responsibilities in monitoring and reporting on forced labor trends, and Other agencies have core responsibilities in monitoring and reporting on forced labor trends, and
such findings may inform Section 307 processes. As discussed, DOL’s ILAB reports identify such findings may inform Section 307 processes. As discussed, DOL’s ILAB reports identify
goods and countries implicated in forced labor, including: goods and countries implicated in forced labor, including: Findings on the Worst Forms of Child
Labor (prepared in accordance with the Trade and Development Act of 2000, P.L. 106-200); (prepared in accordance with the Trade and Development Act of 2000, P.L. 106-200); List
of Goods Produced by Child Labor or Forced Labor (required by the Trafficking Victims (required by the Trafficking Victims
Protection Reauthorization Act of 2005, P.L. 109-164)—Protection Reauthorization Act of 2005, P.L. 109-164)—~~see~~see Table 1; and and List of Countries and
Goods Produced by Forced or Indentured Child Labor (pursuant to Executive Order 13126).(pursuant to Executive Order 13126).~~133~~135
These reports have These reports have ~~traditionally~~traditional y been used to increase awareness rather than inform CBP actions, been used to increase awareness rather than inform CBP actions,
though CBP officials have stated that they may consult ILAB as part of the WRO process.though CBP officials have stated that they may consult ILAB as part of the WRO process.~~134~~136 In In
addition, DOL, as addition, DOL, as ~~well~~ wel as the State Department, partners with foreign governments and funds as the State Department, partners with foreign governments and funds
technical assistance and projects aimed at preventing and abating forced labor.technical assistance and projects aimed at preventing and abating forced labor.~~135~~
~~Table 1. Goods and Countries Identified by DOL for Child Labor or Forced Labor~~

~~2009~~
~~2010~~
~~2011~~
~~2012~~
~~2013~~
~~2014~~
~~2016~~
~~2018~~
~~2020~~
~~Number of~~
~~122~~
~~128~~
~~130~~
~~134~~
~~134~~
~~136~~
~~139~~
~~148~~
~~155~~
~~Goods~~
~~Number of~~
58
70
71
74
73
74
75
76
77
~~Countries~~
Source: U.S. Department of Labor annual Lists of Goods Produced by Child Labor or Forced Labor.
Notes: Year refers to calendar year covered, not necessarily the year of report publication.

~~131 P.L. 116-113 §742(c), 134 Stat. 11, 88, codified at 19 U.S.C. §4682.~~
~~132~~137 131 T ask force activities relate to U.S. enforcement of Section 307 broadly and are not limited to USMCA parties, though there are specific duties on enforcement and reporting regarding forced labor in Mexico per §744. P.L. 116-113 (January 29, 2020) §741(a); E.O. 13923, “ Establishment of the Forced Labor Enforcement Task Force Under Section 741 of the United States-Mexico-Canada Agreement Implementation Act ,” 85 Federal Register 30587, May 20, 2020. 132 P.L. 116-113 §741(b), 134 Stat. 11, 88, codified at 19 U.S.C. §4681. 133 P.L. 116-113 §742(c), 134 Stat. 11, 88, codified at 19 U.S.C. §4682. 134 Commercial Customs Operations Advisory Committee, Commercial Customs Operations Advisory Committee, Report of the Intelligent Enforcement Subcommittee Forced
Labor Working Grp, July 15, 2020, pp. 10-11. , July 15, 2020, pp. 10-11.
~~133~~135 E.O. 13126, “Prohibition of Acquisition of Products Produced by Forced or Indentured Child E.O. 13126, “Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor,” 64 Labor,” 64 Federal
Register 32383, June 16, 1999. 32383, June 16, 1999.
~~134~~136 GAO, GAO, Forced Labor, June, June 2020, pp. 32-33. 2020, pp. 32-33.
~~135~~137 See See https://www.dol.gov/agencies/ilab/projects.https://www.dol.gov/agencies/ilab/projects.
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Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues
Table 1. Goods and Countries Identified by DOL for Child Labor or Forced Labor 2009 2010 2011 2012 2013 2014 2016 2018 2020 Number of 122 128 130 134 134 136 139 148 155 Goods Number of 58 70 71 74 73 74 75 76 77 Countries Source: U.S. Department of Labor annual Lists of Goods Produced by Child Labor or Forced Labor. Notes: Year refers to calendar year covered, not necessarily the year of report publication.
The State Department publishes an annual The State Department publishes an annual Trafficking in Persons (TIP) report (pursuant to the (TIP) report (pursuant to the
Trafficking Victims Protection Act of 2000, P.L. 106-386), which classifies countries according to Trafficking Victims Protection Act of 2000, P.L. 106-386), which classifies countries according to
the effectiveness of their efforts to address human trafficking.the effectiveness of their efforts to address human trafficking.~~136~~138 The reports include country The reports include country
profiles and often provide information about industries suspected of using forced labor. The State profiles and often provide information about industries suspected of using forced labor. The State
Department’s annual Department’s annual Country Reports on Human Rights Practices also provide information, also provide information,
~~occasionally~~occasional y describing incidents in which goods made with forced labor were reportedly describing incidents in which goods made with forced labor were reportedly
imported into the United States. CBP officials have stated that they may consult these imported into the United States. CBP officials have stated that they may consult these
resources.resources.~~137~~
139 Sector-Specific Policy Tools and Legislation
Other anti-labor-trafficking programs, Other anti-labor-trafficking programs, policies,policies, and agreementsand agreements exist for particular industries. Forexist for particular industries. For example, example,
seafood imports may be subject to regulations for il egal,seafood imports may be subject to regulations for il egal, unreported, and unregulated (IUU) fishing, an il icit unreported, and unregulated (IUU) fishing, an il icit
practice that may encompass forced labor.practice that may encompass forced labor.~~138~~140 A June 2020 report from the U.S. GAO identified numerous statutes A June 2020 report from the U.S. GAO identified numerous statutes
that prohibit il that prohibit il ~~egally~~ egal y harvested seafood, including the Magnuson-Fishery Conversation and Management Act of harvested seafood, including the Magnuson-Fishery Conversation and Management Act of
1976 and the Lacey Act of 1900.1976 and the Lacey Act of 1900.~~139~~
141 In another example, representativesIn another example, representatives of the cocoa industry signed a of the cocoa industry signed a ~~congressionally~~ congressional y led protocol in 2001 aimed at led protocol in 2001 aimed at
ending forced child labor in the cocoa industry in Côte d’Ivoireending forced child labor in the cocoa industry in Côte d’Ivoire and Ghana, known as the Harkin-Engel Protocol, and Ghana, known as the Harkin-Engel Protocol,
after formerafter former Senator Tom Harkin and Senator Tom Harkin and former Representative Eliot Engel.Representative Eliot Engel.~~140~~142 The United States has implemented The United States has implemented
subsequent studies,subsequent studies, ~~implementation~~ implementation plans, and technical assistanceplans, and technical assistance projects,projects, with the support of the U.S. Agency with the support of the U.S. Agency
for International Developmentfor International Development (USAID), DOL,(USAID), DOL, the ILO, and the State Department.the ILO, and the State Department.~~141~~ 143 The protocol also has been The protocol also has been
repeatedly amended and extended, but in recent years,repeatedly amended and extended, but in recent years, rates of child labor in the cocoa sector rates of child labor in the cocoa sector ~~reportedly~~ reported ly have have
risen.risen.~~142~~ 144 Some MembersSome Members have urged the use of Section 307 in response to the incompletehave urged the use of Section 307 in response to the incomplete ~~implementation~~ implementation of the of the
Harkin-Engel Protocol, including missedHarkin-Engel Protocol, including missed deadlines and goals in the 2010 fol ow up framework.deadlines and goals in the 2010 fol ow up framework. ~~For~~ For example, in July example, in July
2019 Senators Sherrod2019 Senators Sherrod Brown and Ron Wyden Brown and Ron Wyden ~~called~~cal ed for DHS to take more for DHS to take more “aggressive action” and invoke “aggressive action” and invoke
Section 307 to prohibit importsSection 307 to prohibit imports of cocoa products produced by forced child labor from Côte d’Ivoire.of cocoa products produced by forced child labor from Côte d’Ivoire.~~143~~ 145 After a 138 For more, see CRS ~~After a~~
Washington Post investigation of labor conditions in June 2019, CBP reportedly opened a Section 307 investigation
~~of Ivoirian cocoa.144 Another petition was filed in February 2020, but there has been no action to date.145~~
~~Free Trade Agreements and Other Trade Programs~~
~~The U.S. government also uses other trade policy tools to promote internationally recognized~~
~~worker rights abroad and constrain forced labor practices. Starting with NAFTA, free trade~~
~~agreements (FTAs) and trade programs have expanded coverage of such issues, in part because~~

~~136 For more, see CRS~~ Report R44953, Report R44953, The State Department’s Trafficking in Persons Report: Scope, Aid Restrictions,
and Methodology, by Michael A. Weber, Katarina C. O'Regan,, by Michael A. Weber, Katarina C. O'Regan, and Liana W. Rosenand Liana W. Rosen . .
~~137~~139 GAO, GAO, Forced Labor, June, June 2020, pp. 20-23. 2020, pp. 20-23.
~~138~~140 Ibid., pp. 5-9. Ibid., pp. 5-9.
~~139~~141 Ibid., p. 11. Ibid., p. 11.
~~140~~142 Chocolate Manufacturers Association, Chocolate Manufacturers Association, Protocol for the Growing and Processing of Cocoa Beans and Their
Derivative Products in a Manner that ~~Complies~~Com plies with ILO Convention 182 Concerning the Prohibition and ~~Immediate~~Im m ediate
Action for the ~~Elimination~~Elim ination of the Worst ~~Forms~~ Form s of Child Labor, September 19, 2001. , September 19, 2001.
~~141~~143 E.g., see DOL, E.g., see DOL, Framework of Action to Support Implementation of the Harkin-Engel Protocol, September 11, 2010. , September 11, 2010.
~~142~~144 Ange Aboa and Aaron Ross, Ange Aboa and Aaron Ross, “Child labour“Child labour still prevalent in West Africa cocoa sector despite industry efforts: still prevalent in West Africa cocoa sector despite industry efforts:
report,” Reuters, April 9, 2020. report,” Reuters, April 9, 2020.
~~143~~145 “Wyden, Brown Call “Wyden, Brown Call on Department of Homeland Security to Fully Enforce the Law, Crack Downon Department of Homeland Security to Fully Enforce the Law, Crack Down on Imported on Imported
Cocoa Produced With Child Labor,” Press release, July 19, 2019. Cocoa Produced With Child Labor,” Press release, July 19, 2019.
~~144 Peter Whoriskey and Rachel Siegel, “Cocoa’s child laborers,” Washington Post, June 5, 2019; “U.S. report: Much~~
~~of the world’s chocolate supply relies on more than 1 million child workers,” Washington Post, October 19, 2020.~~
~~145 “Cal and IRAdvocates Challenge Importation of Cocoa Produced with Forced Child Labor,” February 2020,~~
~~https://corpaccountabilitylab.org/calblog/2020/2/14/cal-and-iradvocates-challenge-importation-of-cocoa-produced-~~
~~with-forced-child-labor.~~
~~Congressional Research Service~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

Congressional Research Service 20 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Washington Post investigation of labor conditions in June 2019, CBP reportedly opened a Section 307 investigation of Ivoirian cocoa.146 Another petition was filed in February 2020, but there has been no action to date.147 Free Trade Agreements and Other Trade Programs The U.S. government also uses other trade policy tools to promote international y recognized worker rights abroad and constrain forced labor practices. Starting with the 1994 North American Free Trade Agreement (NAFTA), free trade agreements (FTAs) and trade programs have expanded coverage of such issues, in part because multilateral trade rules under the World Trade Organization (WTO) do not cover labor issues, multilateral trade rules under the World Trade Organization (WTO) do not cover labor issues,
with one exception with one exception ~~allowing~~al owing for restrictions on for restrictions on imports produced by prison labor.imports produced by prison labor.~~146~~148 Consistent Consistent
with negotiating objectives set by Congress in trade promotion authority (TPA), recent U.S. FTAs with negotiating objectives set by Congress in trade promotion authority (TPA), recent U.S. FTAs
commit countries to adopt, maintain and enforce laws on core labor rights and principles of the commit countries to adopt, maintain and enforce laws on core labor rights and principles of the
ILO, including the eliminationILO, including the elimination of forced labor (see below).of forced labor (see below).~~147~~149 These commitments are enforceable These commitments are enforceable
under FTA dispute settlement provisions. In a 2012 FTA labor dispute with the Dominican under FTA dispute settlement provisions. In a 2012 FTA labor dispute with the Dominican
Republic (DR), for instance, DOL Republic (DR), for instance, DOL ~~confirmed allegations~~ confirmed al egations of violations of laws related to forced of violations of laws related to forced
labor in the sugar industry, and has conducted periodic reviews of the DR government’s progress labor in the sugar industry, and has conducted periodic reviews of the DR government’s progress
toward remedying U.S. concerns.toward remedying U.S. concerns.~~148~~ 150 The 2020 U.S.-Mexico-Canada Agreement (USMCA), which The 2020 U.S.-Mexico-Canada Agreement (USMCA), which
~~replaced the 1994 North American Free Trade Agreement (NAFTA)~~replaced NAFTA, goes further than other U.S. , goes further than other U.S.
FTAs and reflects Section 307 in committing the parties to prohibit imports from other countries FTAs and reflects Section 307 in committing the parties to prohibit imports from other countries
of goods produced by forced labor through “measures [a party] considers appropriate,” of goods produced by forced labor through “measures [a party] considers appropriate,” and to and to
establish cooperation for identifying such goods.establish cooperation for identifying such goods.~~149~~151 As discussed, Congress also used the As discussed, Congress also used the
opportunity of USMCA passage to bolster broader U.S. enforcement efforts related to Section opportunity of USMCA passage to bolster broader U.S. enforcement efforts related to Section
307 within implementing legislation.307 within implementing legislation.
Most of the countries with forced labor concerns are not U.S. FTA partners, but may be affected Most of the countries with forced labor concerns are not U.S. FTA partners, but may be affected
by other trade policies. For instance, eligibilityby other trade policies. For instance, eligibility criteria for U.S. trade preference programs, such criteria for U.S. trade preference programs, such
as the Generalized System of Preferences (GSP) and the African Growth and Opportunity Act as the Generalized System of Preferences (GSP) and the African Growth and Opportunity Act
(AGOA), which offer duty-free entry to certain U.S. imports from beneficiary developing (AGOA), which offer duty-free entry to certain U.S. imports from beneficiary developing
countries, include taking steps to maintain worker rights, including with respect to forced labor. countries, include taking steps to maintain worker rights, including with respect to forced labor.
The U.S. Trade Representative (USTR) has reviewed certain beneficiary countries’ compliance The U.S. Trade Representative (USTR) has reviewed certain beneficiary countries’ compliance
with such criteria, and in some cases has suspended benefits over forced labor concerns.with such criteria, and in some cases has suspended benefits over forced labor concerns.~~150~~
~~Intergovernmental Forced Labor and Anti-~~
~~Trafficking Measures~~
~~Numerous international conventions and guidelines address forced labor in the contexts of core~~
~~internationally recognized worker rights, human trafficking, and supply chains, including those~~
~~created by the United Nations and ILO. These efforts have informed and worked in tandem with~~
~~U.S. approaches; U.S. agencies often collaborate with ILO programs and are a key source of~~
~~funding.151 Other international organizations, including the World Bank and Organization for~~

~~146 Article XX(e), General Exceptions clause of the General Agreement on Tariffs and Trade (GATT) states that:~~
~~“Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary~~
~~or unjustifiable discrimination between countries where the same conditions prevail, or a disguised~~ 152 146 Peter Whoriskey and Rachel Siegel, “ Cocoa’s child laborers,” Washington Post, June 5, 2019; “ U.S. report: Much of the world’s chocolate supply relies on more than 1 million child workers,” Washington Post, October 19, 2020. 147 “Cal and IRAdvocates Challenge Importation of Cocoa Produced with Forced Child Labor,” February 2020, https://corpaccountabilitylab.org/calblog/2020/2/14/cal-and-iradvocates-challenge-importation-of-cocoa-produced-with-forced-child-labor. 148 Article XX(e), General Exceptions clause of the General Agreement on T ariffs and T rade (GAT T ) states that: “Subject to the requirement that such measures are not applied in a manner which would constitute a means of ar bitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on restriction on
international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any
contracting party of measures: …(e) relating to the products of prison labour.” contracting party of measures: …(e) relating to the products of prison labour.”
~~147~~ 149 For more information on For more information on ~~TPA~~T PA, see CRS, see CRS Report R43491, Report R43491, Trade Promotion Authority (TPA): Frequently Asked
Questions, by Ian F. Fergusson, by Ian F. Fergusson and Christopher M. Davis. and Christopher M. Davis.
~~148~~150 U.S. U.S. DOL, Office of DOL, Office of ~~Trade~~T rade and Labor Affairs, and Labor Affairs, Public Report of Review of U.S. Submission 2011-03 (Dominican
Republic), September 2013. , September 2013.
~~149~~151 USMCA USMCA art. 23.6, November 30, 2018, available at https://ustr.gov/trade-agreements/free-trade-agreements/united-art. 23.6, November 30, 2018, available at https://ustr.gov/trade-agreements/free-trade-agreements/united-
states-mexico-canada-agreement/agreement-between. states-mexico-canada-agreement/agreement-between.
~~150~~152 For example, see For example, see ~~USTR, “President Trump Terminates Trade~~UST R, “ President T rump T erminates T rade Preference Program Eligibility for Mauritania,” Press Preference Program Eligibility for Mauritania,” Press
release, November 2, 2018. release, November 2, 2018. ~~The USTR~~T he UST R may self-initiate a GSP may self-initiate a GSP review, or interested parties may request one. CRS Congressional Research Service 21 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Intergovernmental Forced Labor and Anti-Trafficking Measures Numerous international conventions and guidelines address forced labor in the contexts of core international y recognized worker rights, human trafficking, and supply chains, including those created by the United Nations and ILO. These efforts have informed and worked in tandem with U.S. approaches; U.S. agencies often collaborate with ILO programs and are a key source of funding.153 Other international organizations, including the World Bank and Organization for ~~review, or interested parties may request one. CRS~~
~~Report RL33663, Generalized System of Preferences (GSP): Overview and Issues for Congress, by Vivian C. Jones,~~
~~and CRS Report R43173, African Growth and Opportunity Act (AGOA): Background and Reauthorization, by Brock~~
~~R. Williams.~~
~~151 ILO, The United States: ILO Cooperation, October 2019.~~
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Economic Cooperation and Development (OECD), have addressed forced labor through various Economic Cooperation and Development (OECD), have addressed forced labor through various
guidelines. See guidelines. See Text Box (below) for an example of U.S. and global efforts to mitigate forced (below) for an example of U.S. and global efforts to mitigate forced
labor in the cotton sector in Central Asia. labor in the cotton sector in Central Asia.
International Labor Organization
Two of the ILO’s “fundamental” conventions, which have arguably become binding norms of Two of the ILO’s “fundamental” conventions, which have arguably become binding norms of
international law, directly pertain to forced or compulsory labor. The Forced Labour Convention, international law, directly pertain to forced or compulsory labor. The Forced Labour Convention,
1930 (No. 29) prohibits 1930 (No. 29) prohibits ~~all~~ al forms of forced labor, while The Abolition of Forced Labour forms of forced labor, while The Abolition of Forced Labour
Convention, 1957 (No. 105) concerns forced labor imposed by state authorities (e.g., as a means Convention, 1957 (No. 105) concerns forced labor imposed by state authorities (e.g., as a means
of political coercion).of political coercion).~~152~~154 These conventions are among the ILO’s most highly ratified These conventions are among the ILO’s most highly ratified
~~instruments153~~ instruments155—the United States has only ratified No. 105 and not No. 29, due to conflicts in —the United States has only ratified No. 105 and not No. 29, due to conflicts in
U.S. law and practice related to the use of prison labor.U.S. law and practice related to the use of prison labor.~~154~~156 Amid concerns over gaps in Amid concerns over gaps in
implementation, a Protocol to Convention No. 29 was adopted in 2014 to “bring ILO standards implementation, a Protocol to Convention No. 29 was adopted in 2014 to “bring ILO standards
against forced labour into the modern era.”against forced labour into the modern era.”~~155~~157 Other measures also address forced labor, including Other measures also address forced labor, including
the Worst Forms of Child Labour Convention, 1999 (No. 182).the Worst Forms of Child Labour Convention, 1999 (No. 182).~~156~~158 The 1998 The 1998 Declaration on
Fundamental Principles and Rights at Work commits ILO members to respect and promote four commits ILO members to respect and promote four
~~core labor rights categories, including “elimination of all forms of forced or compulsory labour,”~~
~~whether or not they have ratified conventions.157~~
~~The ILO has a supervisory and reporting system to monitor the application of ratified~~
~~conventions. In addition, through technical assistance (e.g., research, capacity building, and field-~~
~~based projects) the ILO helps countries address problems in developing and implementing~~
~~legislation and undertaking other actions to meet their obligations. Through ILO representation~~
~~and complaint procedures, industrial associations of workers/employers and member states,~~
~~respectively, can raise concerns over a country’s noncompliance with conventions; some~~
~~submissions have related to forced labor and a few resulted in investigations.158 In one instance,~~

~~152~~ Report RL33663, Generalized System of Preferences (GSP): Overview and Issues for Congress, by Vivian C. Jones, and CRS Report R43173, African Growth and Opportunity Act (AGOA): Background and Reauthorization , by Brock R. Williams. 153 ILO, The United States: ILO Cooperation, October 2019. 154 ILO, ILO, General Survey concerning the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour
Convention, 1957 (No. 105), 2007. , 2007.
~~153~~155 As of December 2020, 178 member states have ratified No. 29 (nine countries have not, including As of December 2020, 178 member states have ratified No. 29 (nine countries have not, including the United the United
States); 176 have ratified No. 105 (eleven have not). States); 176 have ratified No. 105 (eleven have not).
~~154~~156 In its review In its review of potential conflicts of conventions with U.S. federal and state laws,of potential conflicts of conventions with U.S. federal and state laws, the U.S. the U.S. ~~Tripartite~~T ripartite Advisory Advisory
Panel on International Labor Standards determined that No. 29 cannot be ratified without amending U.S.Panel on International Labor Standards determined that No. 29 cannot be ratified without amending U.S. ~~law~~ law and and
practice relating to prison labor. Namely, “the trend of states to subcontract the operation of prison facilities to the practice relating to prison labor. Namely, “the trend of states to subcontract the operation of prison facilities to the
private sector in the United States conflicted with the requirements of Convention 29 relating to circumstances under private sector in the United States conflicted with the requirements of Convention 29 relating to circumstances under
which the private sector may profit from prison labor.” United States Council for International Business, which the private sector may profit from prison labor.” United States Council for International Business, U.S.
Ratification of ILO Core Labor Standards, April 2007, p. 8. Other studies have documented forced labor and labor , April 2007, p. 8. Other studies have documented forced labor and labor
trafficking practices in U.S. agriculture,trafficking practices in U.S. agriculture, domestic work, hospitality, restaurants, and construction sectors; see for domestic work, hospitality, restaurants, and construction sectors; see for
example, Colleen Owensexample, Colleen Owens et al., et al., Understanding the Organization, Operation, and ~~Victimization~~ Victim ization Process of Labor
Trafficking in the United States, Urban Institute and Northeastern University, October 2014. , Urban Institute and Northeastern University, October 2014.
~~155~~157 It provides guidance It provides guidance on effective measures regardingon effective measures regarding prevention, protection and remedies toward elimination of prevention, protection and remedies toward elimination of
forced labor. Asforced labor. As of December 2020, 47 countries have ratified the 2014 Protocol; the protocol is accompanied by a of December 2020, 47 countries have ratified the 2014 Protocol; the protocol is accompanied by a
nonbinding Recommendation No. 203. See ILO, nonbinding Recommendation No. 203. See ILO, ILO Standards on Forced Labor: The New Protocol and
~~Recommendation~~Recom m endation at a Glance, 2016. , 2016.
~~156~~158 Worst forms of child labor include Worst forms of child labor include “all forms of slavery or practices similar to slavery, such as the sale and “all forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondagetrafficking of children, debt bondage and serfdom and forced or compulsory labour, includingand serfdom and forced or compulsory labour, including forced or compulsory forced or compulsory
recruitment of children for use in armed conflict.”recruitment of children for use in armed conflict.”
~~157 See https://www.ilo.org/declaration/thedeclaration/textdeclaration/lang—en/index.htm.~~
~~158 About 9% of representations (out of 238 total), 15% of complaints (out of 34), and more than a third of those~~
~~complaints resulting in investigations (out of 14) involved conventions Nos. 29 or 105, according to CRS calculations.~~
~~See https://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/lang—en/index.htm.~~
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Congressional Research Service 22 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues core labor rights categories, including “elimination of al forms of forced or compulsory labour,” whether or not they have ratified conventions.159 The ILO has a supervisory and reporting system to monitor the application of ratified conventions. In addition, through technical assistance (e.g., research, capacity building, and field-based projects) the ILO helps countries address problems in developing and implementing legislation and undertaking other actions to meet their obligations. Through ILO representation and complaint procedures, industrial associations of workers/employers and member states, respectively, can raise concerns over a country’s noncompliance with conventions; some submissions have related to forced labor and a few resulted in investigations.160 In one instance, in 2000 the ILO took unprecedented steps to compel Burma to take action after it failed to in 2000 the ILO took unprecedented steps to compel Burma to take action after it failed to
implement the recommendations of an investigation that found “widespread and systematic” implement the recommendations of an investigation that found “widespread and systematic”
forced labor.forced labor.~~159~~161 The ILO has relatively limited means for enforcing recommendations. The ILO has relatively limited means for enforcing recommendations.~~160~~162
Other U.N. Initiatives
In 2000, the United Nations General Assembly adopted the Convention Against Transnational In 2000, the United Nations General Assembly adopted the Convention Against Transnational
Organized Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons. The Organized Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons. The
Protocol committed ratifying states to criminalize human trafficking and to attempt to implement Protocol committed ratifying states to criminalize human trafficking and to attempt to implement
measures including “economic initiatives” to prevent it.measures including “economic initiatives” to prevent it.~~161~~163 The U.N. Office on Drugs and Crime The U.N. Office on Drugs and Crime
is responsible for overseeing implementation of the protocol and has published numerous issue is responsible for overseeing implementation of the protocol and has published numerous issue
papers and strategy documents relating to forced labor.papers and strategy documents relating to forced labor.~~162~~164
The U.N. Guiding Principles on Business and Human Rights includes the operational principle The U.N. Guiding Principles on Business and Human Rights includes the operational principle
that “States should enforce laws that are aimed at, or have the effect of, requiring business that “States should enforce laws that are aimed at, or have the effect of, requiring business
enterprises to respect human rights.”enterprises to respect human rights.”~~163~~165 U.N. Sustainable Development Goal 8, Decent Work and U.N. Sustainable Development Goal 8, Decent Work and
Economic Growth, includes target 8.7 “to eradicate forced labor, end modern slavery and human Economic Growth, includes target 8.7 “to eradicate forced labor, end modern slavery and human
trafficking and secure the prohibition and eliminationtrafficking and secure the prohibition and elimination of the worst forms of child labor.” Al iance 159 See https://www.ilo.org/declaration/thedeclaration/textdeclaration/lang—en/index.htm. 160 About 9% of representations (out of 238 total), 15% of complaints (out of 34), and more than a third of those complaints resulting in investigations (out of 14) involved conventions Nos. 29 or 105, according to CRS calculations. See https://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/lang—en/index.htm. 161 A Commission of Inquiry is the ILO’s highest -level investigative procedure and convenes when a country is accused of persistent and serious violations, and failing to address ~~of the worst forms of child labor.” Alliance~~
~~8.7, a partnership focused on achieving the target, has published reports relating to forced labor~~
~~and international trade, and includes a Supply Chain Action Group, chaired by the ILO.164~~
~~Forced Labor in Cotton Production: Uzbekistan and Turkmenistan~~
~~Reports of state-sponsored labor trafficking in cotton harvests in Uzbekistan and Turkmenistan have prompted~~
~~responses from intergovernmental organizations, NGOs, and the U.S. government. Cotton has been identified in~~
~~DOL’s List of Goods Produced by Child Labor or Forced Labor for both Turkmenistan and Uzbekistan since the first list~~
~~was published in 2009, and has been referenced in recent annual State Department TIP reports. In 2013, the~~
~~International Labor Rights Forum (ILRF) and Cotton Campaign submitted a Section 307 petition seeking to~~
~~exclude cotton yarn and fabric imports from Uzbekistan.165 CBP did not ultimately issue a WRO.166 In 2013, CBP~~

~~159 A Commission of Inquiry is the ILO’s highest-level investigative procedure and convenes when a country is~~
~~accused of persistent and serious violations, and failing to address~~ them. If a country refuses to meet a Commission’s them. If a country refuses to meet a Commission’s
recommendations, the ILO Governing Body can take action under article recommendations, the ILO Governing Body can take action under article 333 3 of the ILO Constitution and recommend of the ILO Constitution and recommend
“action as it may deem wise“action as it may deem wise and expedient to secure compliance and expedient to secure compliance ~~therewith~~therewit h.” Article 33 was invoked for the first time .” Article 33 was invoked for the first time
with respect to Burma. For more detail on measures taken, see “with respect to Burma. For more detail on measures taken, see “ ILO Governing Body opens the way for unprecedented ILO Governing Body opens the way for unprecedented
action against forced labour in Myanmar,” November 17, 2000. action against forced labour in Myanmar,” November 17, 2000.
~~160~~162 Kimberly Ann Elliott, Kimberly Ann Elliott, The ILO and Enforcement of Core Labor Standards, Policy Briefs Number 00-6, Institute for , Policy Briefs Number 00-6, Institute for
International Economics, July 2000; and Miriam Hartlapp,International Economics, July 2000; and Miriam Hartlapp, Labour law supervision and ~~enforcement by EU and~~enforcem ent by EU an d ILO: Is
there one international ~~implementation style?~~ im plem entation style? Paper presented at the ECPR Joint Session in Uppsala, 13Paper presented at the ECPR Joint Session in Uppsala, 13 -18 April 2004.-18 April 2004.
~~161~~163 U.N. Office of the High Commissioner for Human Rights U.N. Office of the High Commissioner for Human Rights (OHCHR), (OHCHR), Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially ~~Women~~Wom en and Children, ~~supplementing~~supplem enting the United Nations Convention against
Transnational Organized ~~Crime~~Crim e, November 2000, Article 9. November 2000, Article 9.
~~162~~164 See, See, for example, the discussionfor example, the discussion of forced labor in UNODC, of forced labor in UNODC, Transnational Organized Crime in the Fishing Industry
– Focus On: Trafficking in Persons, Smuggling of Migrants, Illicit Drugs Trafficking, 2011, and U.N. Global2011, and U.N. Global Initiative Initiative
to Fight Human to Fight Human ~~Trafficking~~T rafficking, , Vienna Forum Workshop: Supply ~~Management, Eliminating~~Managem ent, Elim inating the Risks of Forced Labour
and Trafficking, February, February 2008. 2008.
~~163~~165 U.N. OHCHR, U.N. OHCHR, Guiding Principles on Business and Human Rights, 2011, p. 9. Congressional Research Service 23 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues 8.7, a partnership focused on achieving the target, has published reports relating to forced labor and international trade, and includes a Supply Chain Action Group, chaired by the ILO.166 Forced Labor in Cotton Production: Uzbekistan and Turkmenistan Reports of state-sponsored labor trafficking in cotton harvests in Uzbekistan and Turkmenistan have prompted responses from intergovernmental organizations, NGOs, and the U.S. government. Cotton has been identified in DOL’s List of Goods Produced by Child Labor or Forced Labor for both Turkmenistan and Uzbekistan since the first list was published in 2009, and has been referenced in recent annual State Department TIP reports. In 2013, the International Labor Rights Forum (ILRF) and Cotton Campaign submitted a Section 307 petition seeking to exclude cotton yarn and fabric imports from Uzbekistan.167 CBP did not ultimately issue a WRO.168 In 2013, CBP did reportedly stop a shipment of Uzbek yarn due to al egations of forced labor.169 ~~Guiding Principles on Business and Human Rights, 2011, p. 9.~~
~~164 Alliance 8.7, 2nd Global Workshop of the Supply Chains Action Group Outcome Report, May 2019.~~
~~165 Letter from Brian Campbell, director of ILRF’s Policy and Legal Program, and Matthew Fischer-Daly, Cotton~~
~~Campaign coordinator, to CBP Commissioner Thomas Winkowski, May 15, 2013.~~
~~166 CBP reportedly declined to provide information on decision-making on Uzbek cotton, in response to a Freedom of~~
~~Information Act (FOIA) request filed by ILRF, citing “ongoing law enforcement investigations.” See ILRF,~~
Combatting Forced Labor and Enforcing Workers’ Rights Using the Tariff Act, Briefing Paper, February 2020, p. 5.
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~did reportedly stop a shipment of Uzbek yarn due to allegations of forced labor.167~~ In 2016, ILRF and the Cotton In 2016, ILRF and the Cotton
Campaign submitted a petition to ban cotton imports from Turkmenistan.Campaign submitted a petition to ban cotton imports from Turkmenistan.~~168~~ 170 CBP requested that ILRF provide CBP requested that ILRF provide
moremore information before ultimately issuing an industry-wide WRO against Turkmen cotton in May 2018.information before ultimately issuing an industry-wide WRO against Turkmen cotton in May 2018.~~169~~171
In 2016, human rights groups reported that the WorldIn 2016, human rights groups reported that the World Bank had funded numerous agricultural projects in Bank had funded numerous agricultural projects in
Uzbekistan that had been linked to child and forced labor.Uzbekistan that had been linked to child and forced labor.~~170~~172 In 2017, third-party monitoring In 2017, third-party monitoring by the ILO reported by the ILO reported
that Uzbekistan had “phased-out organized child labor,” and that no child or forced labor had been identified to that Uzbekistan had “phased-out organized child labor,” and that no child or forced labor had been identified to
WorldWorld Bank-supported agriculture,Bank-supported agriculture, water, and education projects, though “forced labor [remained] a riskwater, and education projects, though “forced labor [remained] a risk for for
somesome categories of people.”categories of people.”~~171~~173 A February 2020 ILO report stated that “systematic forced labor did not occur A February 2020 ILO report stated that “systematic forced labor did not occur
during the 2019 cotton harvest,” but that approximately 102,000 workers wereduring the 2019 cotton harvest,” but that approximately 102,000 workers were subjected to somesubjected to some form of forced form of forced
labor coercion, a 40% declinelabor coercion, a 40% decline from the previous year.from the previous year.~~172~~174 Current views Current views on forced labor in Uzbekistan vary. Some on forced labor in Uzbekistan vary. Some
observersobservers have held Uzbekistan up as a modelhave held Uzbekistan up as a model for addressing forced labor and suggest that further prohibitions on for addressing forced labor and suggest that further prohibitions on
Uzbek cotton wil impedeUzbek cotton wil impede economic growth and other reforms,economic growth and other reforms, but somebut some human rights groups remainhuman rights groups remain concerned concerned
that progressthat progress has been insufficient and advocate for additional prohibitions.has been insufficient and advocate for additional prohibitions.~~173 DOL removed~~ 175 DOL removed Uzbek cotton from Uzbek cotton from
its forced child labor list in 2019, but reinstated the sector in its 2020 list for forced labor.its forced child labor list in 2019, but reinstated the sector in its 2020 list for forced labor.~~174~~
~~Issues for Congress~~
~~Stakeholders and many Members of Congress welcomed congressional action to repeal the~~
~~consumptive demand exception in 2015 as a critical step toward improving utilization of Section~~
~~307.175 Still, some observers view recent enforcement actions as inadequate and seek new~~
~~approaches, while others caution against the potential adverse impacts of broader enforcement on~~
~~U.S. and foreign workers and companies. Congress has engaged on these issues through its~~
~~oversight of Section 307 implementation and lawmaking responsibilities. Committees and~~
~~commissions have held numerous hearings on forced labor in China and proposed related~~
~~legislation. Congress may consider several questions related to its oversight of Section 307 and in~~
~~examining ongoing challenges, such as regarding CBP processes, transparency, and resources.~~

~~The issue~~ 176 166 Alliance 8.7, 2nd Global Workshop of the Supply Chains Action Group Outcome Report, May 2019. 167 Letter from Brian Campbell, director of ILRF’s Policy and Legal Program, and Matthew Fischer-Daly, Cotton Campaign coordinator, to CBP Commissioner T homas Winkowski, May 15, 2013. 168 CBP reportedly declined to provide information on decision -making on Uzbek cotton, in response to a Freedom of Information Act (FOIA) request filed by ILRF, citing “ ongoing law enforcement investigations.” See ILRF, Combatting Forced Labor and Enforcing Workers’ Rights Using the Tariff Act, Briefing Paper, February 2020, p. 5. T he issue of economic pressures on and by importers of Uzbek cotton arose in Europe as well.of economic pressures on and by importers of Uzbek cotton arose in Europe as well. A 2013 report by the A 2013 report by the
European Center for Constitutional and Human Rights contended that “European Center for Constitutional and Human Rights contended that “~~The~~T he cessation of business relationships with the cessation of business relationships with the
Uzbek cotton industry therefore remains the only adequate measure [to addressUzbek cotton industry therefore remains the only adequate measure [to address forced labor],” but foundforced labor],” but found that global that global
cotton traders ceased to engage on anti-labor trafficking efforts when media attention lessened. Seecotton traders ceased to engage on anti-labor trafficking efforts when media attention lessened. See ECCHR,ECCHR, Forced
Labor of Children and Adults in Uzbekistan. How Effective is the OECD ~~Complaint~~ Com plaint Mechanism ? May 2013. May 2013.
~~167~~169 Cotton Campaign, “ Cotton Campaign, “~~Truthfully~~T ruthfully ‘Why was a Container with 22 ‘Why was a Container with 22 ~~Tons~~T ons of Uzbek Yarn Detained in the United States?’” of Uzbek Yarn Detained in the United States?’”
January 3, 2014. January 3, 2014.
~~168~~170 Letter from Ruslan Myatiev, Alternative Letter from Ruslan Myatiev, Alternative ~~Turkmenistan~~T urkmenistan News director, Matthew Fischer News director, Matthew Fischer -Daly, Cotton Campaign -Daly, Cotton Campaign
coordinator, and Brian Campbell,coordinator, and Brian Campbell, Cotton Campaign legal adviser, to CBP commissioner Kerlikowske, April 6, 2016.Cotton Campaign legal adviser, to CBP commissioner Kerlikowske, April 6, 2016.
~~169~~ 171 ILRF, ILRF, Combatting Forced Labor and Enforcing Workers’ Rights Using the Tariff Act, FebruaryFebruary 2020, p. 4. 2020, p. 4.
~~170~~172 Human Rights Watch and the Uzbek-German Forum for Human Rights, Human Rights Watch and the Uzbek-German Forum for Human Rights, “We Can’t Refuse to Pick Cotton”: Forced
and Child Labor Linked to World Bank Group ~~Investments~~Investm ents in Uzbekistan , June 27, 2017. , June 27, 2017.
~~171~~173 ILO, ILO, Third-Party Monitoring of Measures Against Child Labor and Forced Labor During the 2016 Cotton Harvest
in Uzbekistan, February, February 1, 2017, pp. 2-3. 1, 2017, pp. 2-3.
~~172~~174 ILO, ILO, Third-Party Monitoring of Child Labor and Forced Labor During the 2019 Cotton Harvest in ~~Uzbekistan~~Uzbe kistan, ,
February 5, 2020, p. 4. February 5, 2020, p. 4.
~~173~~175 See See for example, Komala Ramachandra, for example, Komala Ramachandra, Forced Labor Persists in Uzbekistan’s Cotton Fields, Human Rights , Human Rights
Watch, June 25, 2020; Kenneth Rapoza, “Watch, June 25, 2020; Kenneth Rapoza, “ As China Faces U.S.As China Faces U.S. Forced Labor Sanctions, Uzbekistan Becomes a Forced Labor Sanctions, Uzbekistan Becomes a
Model,” Model,” Forbes, September 24, 2020; and Esfandyar Batmanghelidj and Oybek Shaykhov, “, September 24, 2020; and Esfandyar Batmanghelidj and Oybek Shaykhov, “~~The~~T he Boycott on Uzbek Boycott on Uzbek
Cotton Needs to End,” Cotton Needs to End,” Foreign Policy, March 28, 2020. , March 28, 2020.
~~174~~176 U.S. U.S. DOL, “DOL, “ Notice of Final Determination Notice of Final Determination ToT o Remove Uzbek Cotton From the List of Products Requiring Remove Uzbek Cotton From the List of Products Requiring Federal Federal
Contractor Certification as to Forced or Indentured ChildContractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126Labor Pursuant to Executive Order 13126 ,” 84 ,” 84 Federal
Register 11123, March 25, 2019. 11123, March 25, 2019.
~~175 Senate debate, Congressional Record, daily edition, vol. 162, no. 25 (February 11, 2016), p. S836; Human Rights~~
~~First, “President Signs Bill to Close Loophole on Import of Goods Made with Forced Labor,” February 24, 2016.~~
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~~Other considerations include prospects for greater regional or industry-wide enforcement actions,~~
Congressional Research Service 24 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Issues for Congress Stakeholders and many Members of Congress welcomed congressional action to repeal the consumptive demand exception in 2015 as a critical step toward improving utilization of Section 307.177 Stil , some observers view recent enforcement actions as inadequate and seek new approaches, while others caution against the potential adverse impacts of broader enforcement on U.S. and foreign workers and companies. Congress has engaged on these issues through its oversight of Section 307 implementation and lawmaking responsibilities. Committees and commissions have held numerous hearings on forced labor in China and proposed related legislation. Congress may consider several questions related to its oversight of Section 307 and in examining ongoing chal enges, such as regarding CBP processes, transparency, and resources. Other considerations include prospects for greater regional or industry-wide enforcement actions, including Section 307 as a tool for mitigating forced labor in Xinjiang, and impacts on workers including Section 307 as a tool for mitigating forced labor in Xinjiang, and impacts on workers
and companies. Congress may also consider how U.S. trade policy tools and international trade and companies. Congress may also consider how U.S. trade policy tools and international trade
rules may complement and enhance Section 307 objectives. These issues may receive renewed rules may complement and enhance Section 307 objectives. These issues may receive renewed
focus in the Biden Administration. focus in the Biden Administration.
As part of its “worker-centric” trade policy priorities, the Biden Administration has pledged to “engage with al ies to achieve commitments to fight forced labor and exploitative labor conditions, and increase transparency and accountability in global supply chains.”178 Section 307 Enforcement ~~Section 307 Enforcement~~
Changes to Section 307 Processes to Enhance Enforcement
Since the Since the ~~statue~~statute’s inception, CBP has had broad discretion in administering Section 307.’s inception, CBP has had broad discretion in administering Section 307.~~176~~179 The The
varying amount and reliabilityvarying amount and reliability of evidence in a case, as of evidence in a case, as ~~well~~ wel as limited resources, have presented as limited resources, have presented
ongoing ongoing ~~challenges.177~~chal enges.180 A 1984 report by the USITC noted that regulations implementing Section A 1984 report by the USITC noted that regulations implementing Section
307 did not “provide specific guidance with respect to evidentiary standards, investigative 307 did not “provide specific guidance with respect to evidentiary standards, investigative
procedures and schedules, criteria for initiating investigations, and rules for making final procedures and schedules, criteria for initiating investigations, and rules for making final
determinations.”determinations.”~~178~~181 The report also expressed concerns about the consistency of enforcement. The report also expressed concerns about the consistency of enforcement.~~179~~
~~All~~ 182 Al of these are of these are ~~still~~ stil ongoing issues identified by various stakeholders. NGOs and labor groups, ongoing issues identified by various stakeholders. NGOs and labor groups,
which have filed numerous petitions, have expressed concern regarding the lack of official which have filed numerous petitions, have expressed concern regarding the lack of official
guidance from CBP on what kind of information makes an guidance from CBP on what kind of information makes an ~~allegation~~al egation credible. credible.~~180~~183 In particular, In particular,
stakeholders view the lack of guidance on the evidentiarystakeholders view the lack of guidance on the evidentiary standards required for CBP to consider standards required for CBP to consider
an an ~~allegation~~ al egation to be credible as a factor that has hampered enforcement.to be credible as a factor that has hampered enforcement.~~181~~184 They also cite a lack of 177 Senate debate, Congressional Record, daily edition, vol. 162, no. 25 (February 11, 2016), p. S836; Human Rights First, “President Signs Bill to Close Loophole on Import of Goods Made with Forced Labor ,” February 24, 2016. 178 In addition, it pledged in particular to “hold China accountable, including for the extensive human rights abuses perpetrated by its state-sanct ioned forced labor program.” UST R, 2021 Trade Policy Agenda and 2020 Annual Report, p. 2, 4. 179 USIT C Report, p. 4. 180 USIT C Report, p. vi. 181 USIT C Report p. vii, 7. 182 USIT C Report pp. vi-viii. 183 U.S. GAO, ~~They also cite a lack of~~
~~transparency regarding the justification and timelines required for CBP action or inaction and an~~
~~unwillingness to publicize the status of ongoing cases.182 For example, while CBP took action~~
~~against Turkmenistan cotton in 2016, it deferred action in 2013 on cotton from Uzbekistan, at a~~
~~time when forced labor was widely documented in the country, raising possible questions about~~
~~the consistency of CBP’s evaluation process.~~
~~A July 2020 GAO report recommended that CBP improve communications about the types of~~
~~information that help the agency initiate and investigate cases, which would in turn improve~~
~~enforcement.183 The Trump Administration’s 2020 National Action Plan to Combat Human~~
~~Trafficking also called for increased clarity on the WRO process.184 Some advocates argue that~~
~~Congress could consider exercising its oversight to ensure CBP acts expeditiously and~~
~~transparently upon information concerning forced labor imports and clarifies its internal~~
~~processes for interested stakeholders.185~~

~~176 USITC Report, p. 4.~~
~~177 USITC Report, p. vi.~~
~~178 USITC Report p. vii, 7.~~
~~179 USITC Report pp. vi-viii.~~
~~180 U.S. GAO,~~ Forced Labor – Better Communication Could Improve Trade Enforcement Efforts Related to Seafood, ,
GAO-20-441, June 2020; ILRF, FebruaryGAO-20-441, June 2020; ILRF, February 2020. 2020.
~~181~~184 ILRF, February 2020, p. 4. Congressional Research Service 25 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues transparency regarding the justification and timelines required for CBP action or inaction and an unwil ingness to publicize the status of ongoing cases.185 For example, while CBP took action against Turkmenistan cotton in 2016, it deferred action in 2013 on cotton from Uzbekistan, at a time when forced labor was widely documented in the country, raising possible questions about the consistency of CBP’s evaluation process. Industry has likewise expressed confusion about how CBP evaluates evidence that a good is not subject to a WRO.186 A July 2020 GAO report recommended that CBP improve communications about the types of information that help the agency initiate and investigate cases, which would in turn improve enforcement.187 The Trump Administration’s 2020 National Action Plan to Combat Human Trafficking also cal ed for increased clarity on the WRO process.188 Some advocates argue that Congress could consider exercising its oversight to ensure CBP acts expeditiously and transparently upon information concerning forced labor imports and clarifies its internal processes for interested stakeholders.189 ~~ILRF, February 2020, p. 4.~~
~~182 Ibid., pp. 4-5.~~
~~183 GAO, Forced Labor, June 2020.~~
~~184 White House, The National Action Plan to Combat Human Trafficking, October 19, 2020, p. 18.~~
~~185 Testimony by Cathy Feingold, International Director, AFL-CIO, U.S. Congress, House Ways and Means~~
~~Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th Cong., 2nd sess.,~~
~~September 17, 2020.~~
~~Congressional Research Service~~
25

~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

Feasibility of Industry- or Region-wide Enforcement Approaches and Related
Challenges
Some observers attribute the relatively limited number of enforcement actions to CBP’s Some observers attribute the relatively limited number of enforcement actions to CBP’s
customary practice of targeting individual producers, rather than an industry across an entire customary practice of targeting individual producers, rather than an industry across an entire
country or region within a country.country or region within a country.~~186~~190 While the U.S. government and various other stakeholders While the U.S. government and various other stakeholders
are able to identify countries in which forced labor occurs on a regular basis, tracing forced labor are able to identify countries in which forced labor occurs on a regular basis, tracing forced labor
practices to a specific factory, farm, or fishing vessel can be practices to a specific factory, farm, or fishing vessel can be ~~challenging~~chal enging, given complex global , given complex global
supply chains and the widespread use of informal subcontracting, often involving migrant or supply chains and the widespread use of informal subcontracting, often involving migrant or
temporary workers. Traceability can be particularly difficult for agricultural commodities, such as temporary workers. Traceability can be particularly difficult for agricultural commodities, such as
cocoa and cotton. The few industry and countrywide WROs issued by CBP have been welcome cocoa and cotton. The few industry and countrywide WROs issued by CBP have been welcome
developments to some observers, and there is growing bipartisan support for this approach to developments to some observers, and there is growing bipartisan support for this approach to
Xinjiang, China (see below). Some labor groups however, have questioned resulting enforcement Xinjiang, China (see below). Some labor groups however, have questioned resulting enforcement
outcomes, citing the absence of reports of CBP blocking cotton-made goods from Turkmenistan. outcomes, citing the absence of reports of CBP blocking cotton-made goods from Turkmenistan.
One group concluded that, “lack of any action following the issuance of the Turkmenistan WRO One group concluded that, “lack of any action following the issuance of the Turkmenistan WRO
has no doubt meant that a substantial amount of goods [are] imported from third countries has no doubt meant that a substantial amount of goods [are] imported from third countries
containing Turkmen cotton.”containing Turkmen cotton.”~~187~~
191 Others support enforcement involving targeted entities, and caution that broader WROs are Others support enforcement involving targeted entities, and caution that broader WROs are
difficult to enforce and may disrupt supply chains and deter legitimate business with suppliers difficult to enforce and may disrupt supply chains and deter legitimate business with suppliers
that are not using forced labor.that are not using forced labor.~~188~~192 In this view, practical In this view, practical ~~challenges in enforcement and~~
~~complexities in global supply chains are complicating factors. According to the head of the~~
~~American Apparel and Footwear Association (AAFA), “we simply do not have the capability or~~
~~capacity to implement, comply with, or enforce a blanket WRO.”189 In particular, while new~~
~~technologies have advanced more reliable traceability in global apparel supply chains, AAFA~~
~~asserted that, “there is no technology yet developed that allows us to trace the origin of cotton~~
~~with reasonable, let alone complete, accuracy.”190 In the context of a region-wide WRO against~~
~~Xinjiang products, he argued this “creates enormous compliance and enforcement challenges for~~
~~both CBP and the industry that have yet to be solved.” In support of a targeted approach, apparel~~
~~and retail industry representatives have stated that “clearly defined [WROs] on specific and~~
~~actionable intelligence greatly supplement our own considerable enforcement activity.”191 At the~~
~~same time, they committed to working with CBP to make sure enforcement of the recent region-~~
~~wide cotton ban is “smart, transparent, targeted, and effective.”192 Others claim there is capacity~~
~~to determine origins of inputs, but brands and retailers “choose not to know,” absent~~
~~consequences for failing to control and track sourcing.193~~

~~186 ILRF, February 2020, pp. 5-7.~~
~~187 Testimony by Cathy Feingold, International Director, AFL-CIO, September 17, 2020.~~
~~188 Testimony by Stephen Lamar, President and CEO, American Apparel & Footwear Association, U.S. Congress,~~
~~House Ways and Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing,~~
~~116th Cong., 2nd sess., September 17, 2020; and U.S. Chamber of Commerce, “~~chal enges in enforcement and 185 Ibid., pp. 4-5. 186 Complaint, Vitus Nutrition LLC v. United States, Court of International T rade, Case 1:21 -cv-00165, filed April 15, 2021. 187 GAO, Forced Labor, June 2020. 188 White House, The National Action Plan to Combat Human Trafficking , October 19, 2020, p. 18. 189 T estimony by Cathy Feingold, International Director, AFL-CIO, U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020. 190 ILRF, February 2020, pp. 5-7. 191 T estimony by Cathy Feingold, International Director, AFL-CIO, September 17, 2020. 192 T estimony by Stephen Lamar, President and CEO, American Apparel & Footwear Association , U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020; and U.S. Chamber of Commerce, “ U.S. Chamber Letter on H.R. 6210, the U.S. Chamber Letter on H.R. 6210, the
‘Uyghur Forced Labor Prevention Act,’ H.R. 6270, the ‘Uyghur Forced Labor Disclosure‘Uyghur Forced Labor Prevention Act,’ H.R. 6270, the ‘Uyghur Forced Labor Disclosure Act of 2020,’” September 22, Congressional Research Service 26 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues complexities in global supply chains are complicating factors. According to the head of the American Apparel and Footwear Association (AAFA), “we simply do not have the capability or capacity to implement, comply with, or enforce a blanket WRO.”193 In particular, while new technologies have advanced more reliable traceability in global apparel supply chains, AAFA asserted that, “there is no technology yet developed that al ows us to trace the origin of cotton with reasonable, let alone complete, accuracy.”194 In the context of a region-wide WRO against Xinjiang products, he argued this “creates enormous compliance and enforcement chal enges for both CBP and the industry that have yet to be solved.” In support of a targeted approach, apparel and retail industry representatives have stated that “clearly defined [WROs] on specific and actionable intel igence greatly supplement our own considerable enforcement activity.”195 At the same time, they committed to working with CBP to make sure enforcement of the recent region- wide cotton ban is “smart, transparent, targeted, and effective.”196 Others claim there is capacity to determine origins of inputs, but brands and retailers “choose not to know,” absent consequences for failing to control and track sourcing.197 Broader enforcement approaches, as wel as maintaining CBP’s current standard practice, would likely ~~Act of 2020,’” September 22,~~
~~2020.~~
~~189 Testimony by Stephen Lamar, President and CEO, American Apparel & Footwear Association, September 17, 2020.~~
~~190 Ibid.~~
~~191 United States Fashion Industry, “Joint Statement from AAFA, NRF, RILA, USFIA in Response to Administration’s~~
~~Enforcement Actions to Prohibit XPCC Cotton,” Press release, December 2, 2020.~~
~~192 “Joint Statement from AAFA, NRF, RILA, USFIA in Response to Ban on All Cotton Imports From XUAR,”~~
~~January 13, 2021.~~
~~193 Testimony by Scott Nova, Executive Director, Worker Rights Consortium, in U.S. Congress, House Ways and~~
~~Congressional Research Service~~
26

~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~Broader enforcement approaches, as well as maintaining CBP’s current standard practice, would~~
~~likely~~ hinge on greater resources. CBP officials have confirmed that staff shortages have led the hinge on greater resources. CBP officials have confirmed that staff shortages have led the
agency to drop Section 307 cases, limited investigations of violations under the Countering agency to drop Section 307 cases, limited investigations of violations under the Countering
America’s Adversaries Through Sanctions Act of 2017 related to imports of North Korean goods, America’s Adversaries Through Sanctions Act of 2017 related to imports of North Korean goods,
and affected its ability to proactively monitor and review existing cases.and affected its ability to proactively monitor and review existing cases.~~194~~198 Many experts agree Many experts agree
that more enforcement resources that more enforcement resources ~~will~~ wil be necessary if CBP issues more industry-wide or regional be necessary if CBP issues more industry-wide or regional
WROs. Congress could appropriate funds if lack of capacity hinders new WRO issuance and WROs. Congress could appropriate funds if lack of capacity hinders new WRO issuance and
enforcement. enforcement.
Section 307 as a Tool for Mitigating Forced Labor Practices in China
Some Members of Congress are particularly interested in ensuring the effective use of Section Members of Congress are particularly interested in ensuring the effective use of Section 307 to 307 to
address forced labor practices in China, and some have proposed related legislation.address forced labor practices in China, and some have proposed related legislation. China has China has
emerged as a key focus of congressional concerns due to growing public documentation of the emerged as a key focus of congressional concerns due to growing public documentation of the
scope and scale of China’s repression of ethnic minorities in Xinjiang, China’s central role in scope and scale of China’s repression of ethnic minorities in Xinjiang, China’s central role in
global manufacturing, and its ranking as the country with the most forced labor goods identified global manufacturing, and its ranking as the country with the most forced labor goods identified
by DOL. As discussed, because Xinjiang is a key supplier in several sectors across China and by DOL. As discussed, because Xinjiang is a key supplier in several sectors across China and
~~regionally~~ regional y, entire supply chains have become at risk of exposure to forced labor production. This , entire supply chains have become at risk of exposure to forced labor production. This
has prompted some Members and various stakeholders to urge more concerted action to enforce has prompted some Members and various stakeholders to urge more concerted action to enforce
Section 307, including adopting the same approach taken to ban North Korean imports.Section 307, including adopting the same approach taken to ban North Korean imports.~~195~~
~~Committees and commissions held numerous hearings on human rights abuses and forced labor~~
~~in Xinjiang, including in the 116th Congress.196 In September 2020, the House Ways and Means~~
~~Committee held a hearing on “Enforcing the Ban on Imports Produced by Forced Labor in~~
~~Xinjiang.” That same month, the House passed the Uyghur Forced Labor Prevention Act (H.R.~~
~~6210), which would have created a rebuttable presumption of denial of imports of items~~
~~produced, wholly or in part, in Xinjiang or by certain Xinjiang-related entities,197 pursuant to~~
~~Section 307, in addition to other provisions.198 The presumption would have been rebutted only if~~
~~CBP finds by clear and convincing evidence that such goods were not produced by forced labor.~~
~~In addition, H.R. 6210 would have required publicly-traded companies to disclose in filings to the~~
~~Securities and Exchange Commission (SEC) certain activities related to Xinjiang, including~~
~~whether they knowingly engaged with any entity for which CBP has issued a WRO. Other~~
~~proposed legislation also would have mandated transparency of companies and industries~~
~~possibly benefiting from forced labor production (see below).199~~

~~Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th Cong., 2nd~~
~~sess., September 17, 2020.~~
~~194 U.S. GAO,~~ 199 2020. 193 T estimony by Stephen Lamar, President and CEO, American Apparel & Footwear Association , September 17, 2020. 194 Ibid. 195 United States Fashion Industry, “Joint Statement from AAFA, NRF, RILA, USFIA in Response to Administration’s Enforcement Actions to Prohibit XPCC Cotton,” Press release, December 2, 2020. 196 “Joint Statement from AAFA, NRF, RILA, USFIA in Response to Ban on All Cotton Imports From XUAR,” January 13, 2021. 197 T estimony by Scott Nova, Executive Director, Worker Rights Consortium, in U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020. 198 U.S. GAO, Forced Labor Imports: DHS Increased Resources and Enforcement Efforts, but Needs to Improve
Workforce Planning and Monitoring, GAO-21-106, October 27, 2020, p. 17. , GAO-21-106, October 27, 2020, p. 17.
~~195~~199 For example, Republican For example, Republican ~~Study~~ Study Committee, Committee, The RSC National Security Strategy: Strengthening America &
Countering Global Threats, June, June ~~2020, p. 21.~~
~~196 See for example, U.S. Congress, House Ways and Means Committee,~~ ~~Enforcing the Ban on Imports Produced by~~
~~Forced Labor~~ 2020, p. 21. Congressional Research Service 27 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues Committees and commissions recently held numerous hearings on human rights abuses and forced labor in Xinjiang~~, hearing, 116th Cong., 2nd sess., September 17, 2020; and Congressional-Executive~~
~~Commission on China, Forced Labor, Mass Internment, and Social Control in Xinjiang, hearing, October 17, 2019.~~
~~197 Namely, “persons working with the Xinjiang Uyghur Autonomous Region government for purposes of the ‘poverty~~
~~alleviation’ program or the ‘pairing-assistance’ program which subsidizes the establishment of manufacturing~~
~~facilities” in Xinjiang (H.R. 6210, §4(a)).~~
~~198 S. 3471 is the companion bill.~~
~~199 In addition, the Uyghur Human Rights Policy Act of 2020 (P.L. 116-145) states that U.S. entities operating in~~
~~Xinjiang should take steps to “ensure that their supply chains are not compromised by forced labor.” Some versions of~~
~~the UIGHUR Act of 2019 (S. 178/H.R. 1025) would require a report on human rights abuses, including assessments of~~
~~Congressional Research Service~~
27

~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~If CBP were to issue more industry-wide WROs, or if all goods from Xinjiang were presumed as~~
~~prohibitedhttp://www.congress.gov/cgi-lis/bdquery/z?d116:H.R.6210:~~, including in the 116th Congress.200 In September 2020, the House Ways and Means Committee held a hearing on “Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang.” The Uyghur Forced Labor Prevention Act (H.R. 1155) creates a rebuttable presumption of denial of imports of items produced, wholly or in part, in Xinjiang or by certain Xinjiang-related entities,201 pursuant to Section 307, in addition to other provisions.202 The presumption would be rebutted only if CBP finds by clear and convincing evidence that such goods were not produced by forced labor. In addition, the bil would require publicly-traded companies to disclose in filings to the Securities and Exchange Commission (SEC) certain activities related to Xinjiang, including whether they knowingly engaged with any entity for which CBP has issued a WRO. Other proposed legislation also would mandate transparency of companies and industries possibly benefiting from forced labor production (see below).203 If CBP were to issue more industry-wide WROs, or if al goods from Xinjiang were presumed as prohibited (per H.R. 1155/S. 65), some experts expect , some experts expect
companies may face companies may face ~~challenges~~chal enges in in diversifying supply chains and securing sufficient inputs due to diversifying supply chains and securing sufficient inputs due to
China’s “outsized role” in global supply chains.China’s “outsized role” in global supply chains.~~200 Additionally,~~ 204 Additional y, industry representatives have industry representatives have
expressed concern that it would be difficult to know with complete certainty that a product was expressed concern that it would be difficult to know with complete certainty that a product was
fully in compliance, given the opacity of supply chains in China—CBP’s enforcement of, and fully in compliance, given the opacity of supply chains in China—CBP’s enforcement of, and
U.S. industries compliance with, the recent region-wide action to ban Xinjiang cotton U.S. industries compliance with, the recent region-wide action to ban Xinjiang cotton ~~will~~
wil provide an provide an ~~illustrative~~il ustrative case study. As case study. As such, some industry representatives have asked that any such, some industry representatives have asked that any
potential legislationpotential legislation or regulations provide more clarity about their scope, such as activities and or regulations provide more clarity about their scope, such as activities and
entities targeted or covered, more certainty as to how any prohibitions entities targeted or covered, more certainty as to how any prohibitions ~~will~~ wil be enforced, and more be enforced, and more
time before becoming effective to time before becoming effective to ensure compliance.ensure compliance.~~201~~205
Congress may consider potential implementation Congress may consider potential implementation ~~challenges~~chal enges related to CBP processes and related to CBP processes and
resources, implications for those supply chains that may reposition out of compliance or in resources, implications for those supply chains that may reposition out of compliance or in
mitigating risk, as mitigating risk, as ~~well~~ wel as prospective impacts on workers and companies (see below). Congress as prospective impacts on workers and companies (see below). Congress
may also consider the role of other anti-trafficking tools including State Department reporting and may also consider the role of other anti-trafficking tools including State Department reporting and
U.S. diplomatic outreach to other countries related to oppression in Xinjiang, in conjunction with U.S. diplomatic outreach to other countries related to oppression in Xinjiang, in conjunction with
Section 307.Section 307.~~202~~206 For example, Congress might urge the Administration to formalize channels for For example, Congress might urge the Administration to formalize channels for
sharing information with CBP compiled from foreign government services on forced labor in the sharing information with CBP compiled from foreign government services on forced labor in the
region. 200 See for example, U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th Cong., 2nd sess., September 17, 2020; and Congressional-Executive Commission on China, Forced Labor, Mass Internm ent, and Social Control in Xinjiang , hearing, October 17, 2019. 201 Namely, “persons working with the Xinjiang Uyghur Autonomous Region governmen t for purposes of the ‘poverty alleviation’ program or the ‘pairing-assistance’ program which subsidizes the establishment of manufacturing facilities” in Xinjiang (H.R. 1155 §4(a)). 202 S. 65 is the companion bill. 203 In addition, the Uyghur Human Rights Policy Act of 2020 (P.L. 116-145) states that U.S. entities operating in Xinjiang should take steps to “ensure that their supply chains are not compromised by forced labor.” Some versions of the UIGHUR Act of 2019 (S. 178/H.R. 1025) would have required a report on human rights abuses, including assessments of forced labor and “a description of foreign companies and industries benefiting from such labor” (S. 178, §8(b)(4)). 204 Amy Lehr, Addressing Forced Labor in the Xinjiang Autonomous Region , Center for Strategic and International Studies, July 2020, pp. 9-10. 205 Based on CRS discussions with various sources. Also, see Ana Swanson, “ Nike and Coca-Cola Lobby Against Xinjiang Forced Labor Bill,” New York Tim es, November 29, 2020. 206 For example, “Uzbekistan Resists as U.S. Seeks to Rally Central Asians Against China,” Reuters, February 3, 2020. Congressional Research Service 28 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues In the case of Xinjiang, many experts agree that Section 307 is an important tool, but perhaps not sufficient to bring about policy changes in China given the scale and severity of the human rights crisis, which goes beyond forced labor to include mass arbitrary detention, mass surveil ance, and other abuses.207 Impact of Enforcement on Workers and Companies Some observers argue that strict enforcement of import bans on goods made by forced labor may be ineffective at reducing forced labor practices and labor trafficking, leave workers in a more vulnerable position, and unnecessarily break constructive business relationships. In its July 2020 white paper, the private sector advisory committee COAC stated that “Importers, civil society, international institutions, industry groups, multi-stakeholder initiatives, and others general y al agree that importers and buyers should use their leverage, such that it may exist, to support remediation of an issue rather than ‘cutting and running.’”208 COAC contended that the severing of business between importers and suppliers due to forced labor, risks removing leverage that importers may have to improve labor practices. Others argue that in exceptional circumstances of systemic, state-sponsored forced labor, as in Xinjiang—in which there is little chance that such practices wil be easily remediated, given their deliberate and widespread nature—al parts of the supply chain remain at risk of complicity in forced labor. In such cases, they argue economic pressure arising from withdrawal may be the primary means of supporting vulnerable workers (see below).209 Representatives of brands and retailers have argued that industry’s economic leverage can be limited, and that systemic problems in Xinjiang are far bigger than one industry can handle.210 They emphasize only sustained government-to-government pressure and multi-stakeholder engagement can solve the ~~region.~~
~~In the case of Xinjiang, many experts agree that Section 307 is an important tool, but perhaps not~~
~~sufficient to bring about policy changes in China given the scale and severity of the human rights~~
~~crisis, which goes beyond forced labor to include mass arbitrary detention, mass surveillance, and~~
~~other abuses.203~~
~~Impact of Enforcement on Workers and Companies~~
~~Some observers argue that strict enforcement of import bans on goods made by forced labor may~~
~~be ineffective at reducing forced labor practices and labor trafficking, leave workers in a more~~
~~vulnerable position, and unnecessarily break constructive business relationships. In its July 2020~~
~~white paper, the private sector advisory committee COAC stated that “Importers, civil society,~~
~~international institutions, industry groups, multi-stakeholder initiatives, and others generally all~~

~~forced labor and “a description of foreign companies and industries benefiting from such labor” (S. 178, §8(b)(4)).~~
~~200 Amy Lehr, Addressing Forced Labor in the Xinjiang Autonomous Region, Center for Strategic and International~~
~~Studies, July 2020, pp. 9-10.~~
~~201 Based on CRS discussions with various sources. Also, see Ana Swanson, “Nike and Coca-Cola Lobby Against~~
~~Xinjiang Forced Labor Bill,” New York Times, November 29, 2020.~~
~~202 For example, “Uzbekistan Resists as U.S. Seeks to Rally Central Asians Against China,” Reuters, February 3, 2020.~~
~~203 In January 2021, under the Trump Administration, Secretary of State Mike Pompeo declared that the Chinese~~
~~government has committed “crimes against humanity” and “genocide against the predominantly Muslim Uyghurs and~~
~~other ethnic and religious minority groups in Xinjiang.” The Biden Administration is reviewing the designation. See~~
~~U.S. Department of State, “Determination of the Secretary of State on Atrocities in Xinjiang,” Press statement, January~~
~~19, 2021; and Patricia Zengerle and Michelle Nichols, “U.S. reviewing China genocide ruling to make sure it sticks,”~~
~~Reuters, January 27, 2021. Stakeholders have generally advocated for the use of numerous policies concurrently to~~
~~create change in China. One report suggested that national governments employ diplomatic leverage, potentially in~~
~~relation to the 2022 Olympic Games scheduled to be held in Beijing, in addition to trade policy, for example. Amy~~
~~Lehr Addressing Forced Labor in the Xinjiang Uyghur Autonomous Zone – Toward a Shared Agenda, Center for~~
~~Strategic and International Studies, July 2020, p. 9. For more information on policy options for promoting human rights~~
~~in China, see CRS Report R45956, Human Rights in China and U.S. Policy: Issues for the 116th Congress, by Thomas~~
~~Lum and Michael A. Weber.~~
~~Congressional Research Service~~
28

~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~agree that importers and buyers should use their leverage, such that it may exist, to support~~
~~remediation of an issue rather than ‘cutting and running.’”204 COAC contended that the severing~~
~~of business between importers and suppliers due to forced labor, risks removing leverage that~~
~~importers may have to improve labor practices.~~
~~Others argue that in exceptional circumstances of systemic, state-sponsored forced labor, as in~~
~~Xinjiang—in which there is little chance that such practices will be easily remediated, given their~~
~~deliberate and widespread nature—all parts of the supply chain remain at risk of complicity in~~
~~forced labor. In such cases, they argue economic pressure arising from withdrawal may be the~~
~~primary means of supporting vulnerable workers (see below).205 Representatives of brands and~~
~~retailers have argued that industry’s economic leverage can be limited, and that systemic~~
~~problems in Xinjiang are far bigger than one industry can handle.206 They emphasize only~~
~~sustained government-to-government pressure and multi-stakeholder engagement can solve the~~
pervasive risks of forced labor in the region. pervasive risks of forced labor in the region.
Others have used the passage of TFTEA to elevate what they see as ongoing unfair competition Others have used the passage of TFTEA to elevate what they see as ongoing unfair competition
for American workers from U.S. prison labor. In 2016, the then-president and CEO of the AAFA for American workers from U.S. prison labor. In 2016, the then-president and CEO of the AAFA
argued that stricter enforcement of Section 307 increases the hypocrisy of U.S. prison labor and argued that stricter enforcement of Section 307 increases the hypocrisy of U.S. prison labor and
advocated that such labor also be prohibited.211 207 In January 2021, under the T rump Administration, Secretary of State Mike Pompeo declared that the Chinese government has committed “ crimes against humanity” and “ genocide against the predominantly Muslim Uyghurs and other et hnic and religious minority groups in Xinjiang.” T he Biden Administration is reviewing the designation. See U.S. Department of State, “ Determination of the Secretary of State on Atrocities in Xinjiang,” Press statement, January 19, 2021; and Patricia Zengerle and Michelle Nichols, “ U.S. reviewing China genocide ruling to make sure it sticks,” Reuters, January 27, 2021. Stakeholders have generally advocated for the use of numerous policies concurrently to create change in China. One report suggested that nat ional governments employ diplomatic leverage, potentially in relation to the 2022 Olympic Games scheduled to be held in Beijing, in addition to trade policy, for example. Amy Lehr Addressing Forced Labor in the Xinjiang Uyghur Autonom ous Zone – Toward a Shared Agenda, Center for Strategic and International Studies, July 2020, p. 9. For more information on policy options for promoting human rights in China, see CRS Report R45956, Hum an Rights in China and U.S. Policy: Issues for the 116th Congress, by T homas Lum and Michael A. Weber. 208 COAC, Report of the Intelligent Enforcement Subcommittee Forced Labor Working Group , July 15, 2020, p. 8. 209 See expert remarks during “ Using T rade T ools to Combat Forced Labor: T he Roles of Government, Business, and Civil Society,” Washington International T rade Association event, October 15, 2020. 210 “Joint statement from NRF, AAFA, FDRA, RILA and USFIA on reports of forced labor in Xinjiang,” March 10, 2020; and T estimony by Stephen Lamar, President and CEO, AAFA, U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020. 211 Rick Helfenbein, “Prisoners Compete for a Share of ‘Made in USA,’” The Hill, May 15, 2016. Congressional Research Service 29 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues A report by the nongovernmental Human Trafficking Legal Center cal ed WROs “a powerful trade enforcement tool,” but suggested that in some cases, foreign manufacturers have gone out of business due to forced labor enforcement, jeopardizing the economic security of vulnerable workers.212 The AFL-CIO has suggested that Congress consider amending Section 307 to provide a basis for remedies to forced laborers who suffer negative consequences when WROs are issued, and use civil fines on importers as a means of compensating such victims.213 In considering further legislation related to Section 307, Congress may consider the potential benefits and likelihood of remediation, and the potential contributing factors, such as demand from other countries for the products at issue in such cases, as wel as the potential for the goods to be reexported and reach other markets, which could conceivably have a lessened impact on addressing the existence of forced labor. Role of Multinationals and Supply Chain Due Diligence The debate over strengthening Section 307 enforcement has brought attention to U.S. importers’ compliance and transparency in supplier relationships. While many companies have publicly committed to zero tolerance for forced labor and have robust systems in place to manage risks, various reports have documented problematic supply chains. Some labor groups advocate for ~~advocated that such labor also be prohibited.207~~
~~A report by the nongovernmental Human Trafficking Legal Center called WROs “a powerful~~
~~trade enforcement tool,” but suggested that in some cases, foreign manufacturers have gone out of~~
~~business due to forced labor enforcement, jeopardizing the economic security of vulnerable~~
~~workers.208 The AFL-CIO has suggested that Congress consider amending Section 307 to provide~~
~~a basis for remedies to forced laborers who suffer negative consequences when WROs are issued,~~
~~and use civil fines on importers as a means of compensating such victims.209 In considering~~
~~further legislation related to Section 307, Congress may consider the potential benefits and~~
~~likelihood of remediation, and the potential contributing factors, such as demand from other~~
~~countries for the products at issue in such cases, as well as the potential for the goods to be~~
~~reexported and reach other markets, which could conceivably have a lessened impact on~~
~~addressing the existence of forced labor.~~
~~Role of Multinationals and Supply Chain Due Diligence~~
~~The debate over strengthening Section 307 enforcement has brought attention to U.S. importers’~~
~~compliance and transparency in supplier relationships. While many companies have publicly~~

~~204 COAC, Report of the Intelligent Enforcement Subcommittee Forced Labor Working Group, July 15, 2020, p. 8.~~
~~205 See expert remarks during “Using Trade Tools to Combat Forced Labor: The Roles of Government, Business, and~~
~~Civil Society,” Washington International Trade Association event, October 15, 2020.~~
~~206 “Joint statement from NRF, AAFA, FDRA, RILA and USFIA on reports of forced labor in Xinjiang,” March 10,~~
~~2020; and Testimony by Stephen Lamar, President and CEO, AAFA, U.S. Congress, House Ways and Means~~
~~Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th Cong., 2nd sess.,~~
~~September 17, 2020.~~
~~207 Rick Helfenbein, “Prisoners Compete for a Share of ‘Made in USA,’” The Hill, May 15, 2016.~~
~~208 The Human Trafficking Legal Center,~~ ~~Importing Freedom: Using the U.S. Tariff Act to Combat Forced Labor in~~
~~Supply Chains, June 2020. Others have suggested that wide-ranging WROs can impact entire sectors or economies and~~
~~contribute to economic instability that is counter-productive to improving human rights. Corporate Accountability Lab,~~
Using the Master’s Tools to Dismantle the Master’s House: 307 Petitions as a Human Rights Tool, August 31, 2020.
~~209 Testimony by Cathy Feingold, International Director, AFL-CIO, in U.S. Congress, House Ways and Means~~
~~Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th Cong., 2nd sess.,~~
~~September 17, 2020.~~
~~Congressional Research Service~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~committed to zero tolerance for forced labor and have robust systems in place to manage risks,~~
~~various reports have documented problematic supply chains. Some labor groups advocate for~~
more stringent requirements by CBP in Section 307 petitions, such as requiring importers in more stringent requirements by CBP in Section 307 petitions, such as requiring importers in
higher-risk industries to disclose their suppliers and document steps taken to eliminate forced higher-risk industries to disclose their suppliers and document steps taken to eliminate forced
labor from supply chains.labor from supply chains.~~210~~214 Some experts contend that if CBP puts in place broader regional or Some experts contend that if CBP puts in place broader regional or
industry-wide import bans, the agency industry-wide import bans, the agency ~~will~~ wil need a dedicated strategy to incentivize or require need a dedicated strategy to incentivize or require
companies to trace their supply chains, or prioritize targeting those companies not making serious companies to trace their supply chains, or prioritize targeting those companies not making serious
efforts, including those directly sourcing from Xinjiang.efforts, including those directly sourcing from Xinjiang.~~211~~
215 In the In the ~~116th~~117th Congress, as noted above, some Congress, as noted above, some ~~bills aimed~~bil s aim to improve disclosure and transparency of to improve disclosure and transparency of
companies doing business in the region, such as companies doing business in the region, such as ~~the Uyghur Forced Labor Disclosure Act of 2020~~
~~(H.R. 6270), which the House passed in September 2020. Other legislation~~ H.R. 2072. Other past proposed legislation targeted practices targeted practices
more broadly, such as the Business Supply Chain Transparency on Trafficking and Slavery Act of more broadly, such as the Business Supply Chain Transparency on Trafficking and Slavery Act of
2020 (H.R. 62792020 (H.R. 6279; 116th Congress) and Slave-Free Business Certification Act of 2020 (S. 4241) and Slave-Free Business Certification Act of 2020 (S. 4241; 116th Congress). H.R. 6279, for ). H.R. 6279, for
instance, would have amended the Securities Exchange Act to require that companies disclose in instance, would have amended the Securities Exchange Act to require that companies disclose in
annual SEC reports measures taken to address annual SEC reports measures taken to address conditions of forced labor, slavery, human conditions of forced labor, slavery, human
trafficking, and worst forms of child labor.trafficking, and worst forms of child labor.
There is intensive debate about the objectives and impact of transparency mandates. Key factors There is intensive debate about the objectives and impact of transparency mandates. Key factors
debated include compliance costs, practicalities of compliance (e.g., supply chain data tracking debated include compliance costs, practicalities of compliance (e.g., supply chain data tracking
~~challenges~~chal enges and business confidentiality), effectiveness of reporting, and impact on the ground. and business confidentiality), effectiveness of reporting, and impact on the ground.~~212~~
216 In a review of assessments of U.S. and EU policies, one 2016 study concluded that in general 212 T he Human T rafficking Legal Center, Importing Freedom: Using the U.S. Tariff Act to Combat Forced Labor in Supply Chains, June 2020. Others have suggested that wide-ranging WROs can impact entire sectors or economies and contribute to economic instability that is counter-productive to improving human rights. Corporate Accountability Lab, Using the Master’s Tools to Dismantle the Master’s House: 307 Petitions as a Human Rights Tool, August 31, 2020. 213 T estimony by Cathy Feingold, International Director, AFL-CIO, in U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020. 214 ILRF, February 2020. 215 T estimony by Amy Lehr, Director and Senior Fellow, Human Rights Initiative, CSIS, in U.S. Congress, House Ways and Means Committee, Enforcing the Ban on Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess., September 17, 2020. 216 For example, for debate over Section 1502 of the Dodd-Frank Act, see CRS Report R42618, Conflict Minerals in Central Africa: U.S. and International Responses, by Nicolas Cook. Congressional Research Service 30 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues they can be expensive for companies, especial y smal er companies, to implement; they have not led the bulk of companies to report; and sufficient information is not provided to facilitate effective monitoring.217 Companies can also face chal enges in conducting effective due diligence in practice. In the case of Xinjiang, there is broad consensus that reliable and accurate verification and auditing of factories and farms is not possible, amid reports of auditors being detained or harassed; pervasive surveil ance and government interference; and the inability to conduct candid interviews of workers.218 The U.S. Chamber of Commerce expressed opposition to the Uyghur Forced Labor Disclosure Act of 2020 (H.R. 6270), claiming that “past attempts to utilize domestic U.S. securities law to combat human rights abuses provide a cautionary tale”—a reference to the Dodd-Frank Act provision on conflict minerals (Section 1502).219 Congress may consider whether disclosure requirements in proposed legislation, as wel as any prospective CBP requirements may improve enforcement of Section 307. U.S. Trade Policy and Forced Labor Provisions U.S. Trade Policy Tools to Complement and Enhance Section 307 Objectives The treatment of forced labor concerns in U.S. trade policy and FTAs has been of long-standing ~~In a review of assessments of U.S. and EU policies, one 2016 study concluded that in general~~
~~they can be expensive for companies, especially smaller companies, to implement; they have not~~
~~led the bulk of companies to report; and sufficient information is not provided to facilitate~~
~~effective monitoring.213 Companies can also face challenges in conducting effective due diligence~~
~~in practice. In the case of Xinjiang, there is broad consensus that reliable and accurate verification~~
~~and auditing of factories and farms is not possible, amid reports of auditors being detained or~~
~~harassed; pervasive surveillance and government interference; and the inability to conduct candid~~
~~interviews of workers.214 The U.S. Chamber of Commerce expressed opposition to the Uyghur~~
~~Forced Labor Disclosure Act, claiming that “past attempts to utilize domestic U.S. securities law~~
~~to combat human rights abuses provide a cautionary tale”—a reference to the Dodd-Frank Act~~
~~provision on conflict minerals (Section 1502).215 Congress may consider whether disclosure~~
~~requirements in proposed legislation, as well as any prospective CBP requirements may improve~~
~~enforcement of Section 307.~~

~~210 ILRF, February 2020.~~
~~211 Testimony by Amy Lehr, Director and Senior Fellow, Human Rights Initiative, CSIS, in U.S. Congress, House~~
~~Ways and Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in Xinjiang, hearing, 116th~~
~~Cong., 2nd sess., September 17, 2020.~~
~~212 For example, for debate over Section 1502 of the Dodd-Frank Act, see CRS Report R42618,~~ ~~Conflict Minerals in~~
~~Central Africa: U.S. and International Responses, by Nicolas Cook.~~
~~213 Susan Ariel Aaronson and Ethan Wham,~~ ~~Can Transparency in Supply Chains Advance Labor Rights? Mapping of~~
~~Existing Efforts, IIEP-WP-2016-6, George Washington University, April 2016.~~
~~214 As a result, several major auditing firms have suspended labor-audit or inspection services in the region.~~
~~Congressional-Executive Commission on China,~~ ~~Global Supply Chains, Forced Labor, and the Xinjiang Uyghur~~
~~Autonomous Region, Staff Research Report, March 2020; and Eva Xiao, “Auditors to Stop Inspecting Factories in~~
~~China’s Xinjiang Despite Forced-Labor Concerns,” Wall Street Journal, September 21, 2020.~~
~~215 U.S. Chamber of Commerce, “U.S. Chamber Letter on H.R. 6210, the ‘Uyghur Forced Labor Prevention Act,’ H.R.~~
~~6270, the ‘Uyghur Forced Labor Disclosure Act of 2020,’” September 22, 2020.~~
~~Congressional Research Service~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

~~U.S. Trade Policy and Forced Labor Provisions~~
~~U.S. Trade Policy Tools to Complement and Enhance Section 307 Objectives~~
~~The treatment of forced labor concerns in U.S. trade policy and FTAs has been of long-standing~~
congressional interest and has evolved in recent years to complement Section 307 more directly. congressional interest and has evolved in recent years to complement Section 307 more directly.
The most recent U.S. FTA, the USMCA, reflects the intent of the provision in its labor chapter, The most recent U.S. FTA, the USMCA, reflects the intent of the provision in its labor chapter,
which some observers and Members of Congress view as a template for future agreements.which some observers and Members of Congress view as a template for future agreements.~~216~~220 As As
evidenced in the USMCA debate and passage, Congress may continue to use the implementation evidenced in the USMCA debate and passage, Congress may continue to use the implementation
of FTAs to bolster U.S. enforcement efforts related to forced labor. Some Members have of FTAs to bolster U.S. enforcement efforts related to forced labor. Some Members have
emphasized the importance of linking trade negotiations and forced labor issues, citing the U.S. emphasized the importance of linking trade negotiations and forced labor issues, citing the U.S.
phase-one trade deal with China as a missed opportunity to require the Chinese government to phase-one trade deal with China as a missed opportunity to require the Chinese government to
commit to address widespread reports of forced labor production in Xinjiang.commit to address widespread reports of forced labor production in Xinjiang.~~217~~221
With the current TPA expiring in July 2021, the potential reauthorization process and debate With the current TPA expiring in July 2021, the potential reauthorization process and debate
could provide Congress an opportunity to revisit U.S. trade negotiating objectives with respect to could provide Congress an opportunity to revisit U.S. trade negotiating objectives with respect to
forced labor. Some Members have indicated that improving enforcement of Section 307 and forced labor. Some Members have indicated that improving enforcement of Section 307 and
oversight of TFTEA implementation could be part of a reauthorization debate, citing issues with oversight of TFTEA implementation could be part of a reauthorization debate, citing issues with
CBP reporting requirements, transparency, and responsiveness to congressional requests.CBP reporting requirements, transparency, and responsiveness to congressional requests.~~218~~
222 Regarding negotiating objectives, U.S. FTAs reflect TPA’s emphasis on upholding the ILO Regarding negotiating objectives, U.S. FTAs reflect TPA’s emphasis on upholding the ILO
Declaration and do not commit the parties to enforce the core ILO conventions themselves. Labor Declaration and do not commit the parties to enforce the core ILO conventions themselves. Labor
~~groups argue that doing so would strengthen labor chapter commitments, but this seems unlikely,~~
~~since the United States has not ratified most of those conventions due to conflicts with U.S. law~~
~~and practice.219 Because most countries with forced labor concerns are not FTA partners,~~
~~engagement through trade preference programs and trade capacity building may continue to be an~~
~~avenue for remedying concerns.~~
~~Role of International Trade Rules with Respect to Forced Labor Issues~~
~~While U.S. trade agreements and programs are tools for mitigating the import of forced labor~~
~~goods, many observers maintain that more effective global coordination on trade-related labor~~
~~issues may hinge on developing multilateral trade rules.220 However, WTO members omitted~~
~~labor provisions from the agenda in the 1990s amid intense debate and a view that the ILO is the~~
~~lead international organization for addressing labor issues, and these issues have not gained new~~

~~216 For example, see Speaker of the House, “Transcript of Speaker Pelosi Press Conference Announcing New USMCA~~
~~Agreement,” Press release, December 10, 2019.~~
~~217 U.S. Congress, House~~ 217 Susan Ariel Aaronson and Ethan Wham, Can Transparency in Supply Chains Advance Labor Rights? Mapping of Existing Efforts, IIEP-WP-2016-6, George Washington University, April 2016. 218 As a result, several major auditing firms have suspended labor-audit or inspection services in the region. Congressional-Executive Commission on China, Global Supply Chains, Forced Labor, and the Xinjiang Uyghur Autonom ous Region, Staff Research Report, March 2020; and Eva Xiao, “ Auditors to Stop Inspecting Factories in China’s Xinjiang Despite Forced-Labor Concerns,” Wall Street Journal, September 21, 2020. 219 U.S. Chamber of Commerce, “ U.S. Chamber Letter on H.R. 6210, the ‘Uyghur Forced Labor Prevention Act,’ H.R. 6270, the ‘Uyghur Forced Labor Disclosure Act of 2020,’” September 22, 2020. 220 For example, see Speaker of the House, “ T ranscript of Speaker Pelosi Press Conference Announcing New USMCA Agreement ,” Press release, December 10, 2019. 221 U.S. Congress, House Ways and Means Committee, Ways and Means Committee, Enforcing the Ban on Imports Produced by Forced Labor in
Xinjiang, hearing, 116th Cong., 2nd sess.,, hearing, 116th Cong., 2nd sess., September 17, 2020; House debate, September 17, 2020; House debate, Congressional Record, daily edition, vol. , daily edition, vol.
166, no. 164 (September 22, 2020), p. H4663. For information on the U.S.166, no. 164 (September 22, 2020), p. H4663. For information on the U.S. -China trade deal, see CRS-China trade deal, see CRS Insight IN11208, Insight IN11208,
U.S. Signs Phase One Trade Deal with China , by Karen M. Sutter. , by Karen M. Sutter.
~~218~~222 For example, see Rep. Kind remarks in U.S. For example, see Rep. Kind remarks in U.S. Congress, HouseCongress, House Ways and Means Committee, Ways and Means Committee, Enforcing the Ban on
~~Imports~~Im ports Produced by Forced Labor in Xinjiang , hearing, 116th Cong., 2nd sess.,, hearing, 116th Cong., 2nd sess., September 17, 2020 Congressional Research Service 31 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues groups argue that doing so would strengthen labor chapter commitments, but this seems unlikely, since the United States has not ratified most of those conventions due to conflicts with U.S. law and practice.223 Because most countries with forced labor concerns are not FTA partners, engagement through trade preference programs and trade capacity building may continue to be an avenue for remedying concerns. Role of International Trade Rules w ith Respect to Forced Labor Issues While U.S. trade agreements and programs are tools for mitigating the import of forced labor goods, many observers maintain that more effective global coordination on trade-related labor issues may hinge on developing multilateral trade rules.224 However, WTO members omitted labor provisions from the global trade agenda in the 1990s amid intense debate and a view that the ILO is the lead international organization for addressing labor issues, and these issues have not gained new ~~September 17, 2020~~
~~219 AFL-CIO, NAFTA at 20, March 2014; and United States Council for International Business,~~ ~~U.S. Ratification of~~
~~ILO Core Labor Standards, April 2007.~~
~~220 For example, see Testimony by Thea M. Lee, President of the Economic Policy Institute, in U.S. Congress, Senate~~
~~Foreign Relations Committee, Multilateral Economic Institutions and U.S. Foreign Policy, hearing, 115th Cong., 2nd~~
~~sess., November 27, 2018.~~
~~Congressional Research Service~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

traction as part of recent efforts to advance new WTO rules and reforms.traction as part of recent efforts to advance new WTO rules and reforms.~~221~~225 Given the WTO’s Given the WTO’s
current deference to the ILO, Congress might consider assessing the ILO’s role, as current deference to the ILO, Congress might consider assessing the ILO’s role, as ~~well~~ wel as how to ~~as how to~~

~~221 WTO, “Labour standards: consensus, coherence and controversy,” https://www.wto.org/english/thewto_e/whatis_e/~~
~~tif_e/bey5_e.htm.~~
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~~Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues~~

enhance U.S. support for ILO work in forced labor and trade issues. Congress could also enhance U.S. support for ILO work in forced labor and trade issues. Congress could also
encourage the Administration to elevate forced labor as part of trade discussions among senior encourage the Administration to elevate forced labor as part of trade discussions among senior
officials in other international fora, such as the G7/G20, as officials in other international fora, such as the G7/G20, as ~~well~~ wel as the OECD Trade as the OECD Trade Committee, Committee,
to report on measures other member nations are taking to prohibit trade of goods to report on measures other member nations are taking to prohibit trade of goods produced by produced by
forced labor.forced labor.

Author Information

Cathleen D. Cimino-Isaacs, Coordinator Cathleen D. Cimino-Isaacs, Coordinator
Katarina C. O'Regan Katarina C. O'Regan
Analyst in International Trade and Finance Analyst in International Trade and Finance
Analyst in Foreign Policy Analyst in Foreign Policy

Christopher A. Casey Christopher A. Casey

Analyst in International Trade and Finance Analyst in International Trade and Finance

223 AFL-CIO, NAFTA at 20, March 2014; and United Stat es Council for International Business, U.S. Ratification of ILO Core Labor Standards, April 2007. 224 For example, see T estimony by T hea M. Lee, President of the Economic Policy Institute, in U.S. Congress, Senate Foreign Relations Committee, Multilateral Econom ic Institutions and U.S. Foreign Policy, hearing, 115th Cong., 2nd sess., November 27, 2018. 225 WT O, “Labour standards: consensus, coherence and controversy,” https://www.wto.org/english/thewto_e/whatis_e/tif_e/bey5_e.htm. Congressional Research Service 32 Section 307 and U.S. Imports of Products of Forced Labor: Overview and Issues

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