link to page 1 
Updated March 26, 2020
Section 307 and Imports Produced by Forced Labor
Section 307 of the Tariff Act of 1930 (19 U.S.C. §1307)
If the Commissioner of CBP finds the information
prohibits the importation of any product that was mined,
“reasonably but not conclusively indicates” that imports
produced, or manufactured wholly or in part by forced
may be the product of forced labor, then she or he is to
labor, including forced or indentured child labor. U.S.
issue an order to withhold release of such goods (WRO)
Customs and Border Protection (CBP) is charged with
pending further instructions. WROs have usually been
enforcing the prohibition.
issued against specific goods from specific producers.
Defining Forced Labor in Section 307
Figure 1. Application of Section 307
Forced Labor: “Al work or service which is exacted from any
person under the menace of any penalty for its
nonperformance and for which the worker does not offer
himself voluntarily.” – 19 U.S.C. §1307; language modeled on
the ILO Forced Labor Convention, 1930.
U.S. customs law has contained prohibitions against
importing goods produced by certain categories of labor
since the end of the nineteenth century. Beginning in 1890,
the United States prohibited imports of goods manufactured
with convict labor. In 1930, Congress expanded this
prohibition in Section 307 of the Tariff Act to include any
(not just manufactured) products of forced labor. Although
a few Members of Congress brought up humanitarian
concerns during debate, the central legislative concern was
Source: CBP.
with protecting domestic producers from competing with
An importer has three months to contest a WRO. An
products made with forced labor. As such, Section 307
importer contesting a WRO must demonstrate that he or she
allowed the admission of products of forced labor if it could
has made “every reasonable effort” to determine both the
be shown that no comparable product was made in the
source of and the type of labor used to produce the
United States or the level of domestic production did not
merchandise and its components. If the importer does not
meet domestic demand (“consumptive demand” provision).
successfully contest the WRO and does not remove the
merchandise at issue from the United States, CBP is to
Over the decades, lawmakers and civil society became
seize and destroy it. Beyond publishing the date,
increasingly concerned about forced labor in the context of
merchandise type, manufacturer, and status of a WRO, CBP
human trafficking. The Victims of Trafficking and Violence
does not generally publish information about specific
Prevention Act of 2000 (P.L. 106-386), for example,
detentions, re-exportations, exclusions, or seizures.
included forced labor in its definition of human trafficking.
Immigration and Customs Enforcement can pursue criminal
In 2015, Congress removed the “consumptive demand”
investigations of Section 307 violations.
clause, as part of the Trade Facilitation and Trade
Enforcement Act (reflecting this interest in addressing
Other Labor and Anti-Trafficking Measures
human rights abuses in the context of forced labor).
WROs are one of several congressionally-mandated anti-
Application of Section 307
human trafficking measures that focus on forced labor in
supply chains. Others include the Department of Labor’s
Reporting
Findings on the Worst Forms of Child Labor (prepared in
Any individual who has “reason to believe that any class of
accordance with the Trade and Development Act of 2000,
merchandise that is being, or is likely to be, imported into
P.L. 106-200) and List of Goods Produced by Child Labor
the United States” is being produced by forced labor may
or Forced Labor (required by the Trafficking Victims
communicate that belief to CBP (see Figure 1). As required
Protection Reauthorization Act of 2005, P.L. 109-164).
by 19 C.F.R. §12.42, port directors and other principal
These reports contain country profiles and lists of goods
customs officers must report such instances to the CBP
(and source countries) suspected to have been produced by
Commissioner. Persons outside of CBP may choose to
child or forced labor, but have traditionally been used to
report to the Commissioner, to any port director, or online.
increase awareness rather than to inform CBP actions.
Investigations and Withhold Release Orders
Trends
Upon receipt of such a report, the Commissioner of CBP is
Following its enactment in 1930, Section 307 was rarely
required to initiate an investigation “as appears warranted”
used to block imports. The International Trade Commission
by the amount and reliability of the submitted information.
reported that between 1930 and the mid-1980s there were
https://crsreports.congress.gov
link to page 2 link to page 2 
Section 307 and Imports Produced by Forced Labor
approximately 60 to 75 instances when either interested
recognized worker rights. Some eligibility reviews by the
parties requested or Customs considered the application of
U.S. Trade Representative have involved concerns over
Section 307. Of those instances, merchandise was denied
labor practices. Recently, the Administration withdrew GSP
entry into the United States at least ten times (six times
benefits for Thailand over forced labor in the fishing sector.
from Mexico, and once each from Japan, the Dominican
Trade agreements and programs have expanded coverage of
Republic, Canada, and the former Soviet Union). Use of
trade and labor issues in part because the World Trade
Section 307 increased substantially in the early 1990s with
Organization (WTO) does not cover such rules. However,
an increase in Chinese exports to the United States.
Article XX(e) of General Agreement on Tariffs and Trade
Between 1991 and 1995, the CBP issued about 27 WROs
(GATT), provides exceptions to a country’s obligations for
against manufacturers in China. WROs against Japan,
measures related to imports of products of prison labor.
Nepal, India, and Mongolia were issued in the late 1990s.
Between 2000 and 2016, no WROs were issued (see Figure
China and Forced Labor
2).
The majority of WROs have been against China. Of the 49
WROs issued under Section 307 since 1990, 39 (80%) have
Observers generally linked the difficulties in enforcing
been against merchandise produced in China. Many of
Section 307 to the “consumptive demand” clause. As more
those orders were issued between 1991 and 1993. The
goods were manufactured exclusively abroad, it became
number of WROs began to decline after the U.S. and China
easier for importers to make use of the exception. CBP also
negotiated several agreements relating to goods made with
attributed difficulties to a lack of sufficient evidence,
prison labor, notably a 1992 Memorandum of
caused in part by the infeasibility of spot inspections that
Understanding (MOU) and 1994 Statement of Cooperation.
would provide evidence of forced labor. As noted, Congress
These agreements provided for the exchange of information
removed the clause in 2015. CBP stated “[t]he repeal of the
consumptive demand exception enhances CBP’s ability to
and request for inspections. However, China’s compliance
with the MOU has been inconsistent and U.S. concerns
prevent products made with forced labor from being
imported.”
over forced labor, including outside of prison labor, remain.
Since the repeal, and amid ongoing interest in
worker rights in trade policy and anti-trafficking efforts,
China has again become a focus of Section 307
CBP has issued 13 WROs. Five were issued in September
investigations: since 2016, six of thirteen WROs have
2019 involving Brazil, China, the Democratic Republic of
involved Chinese products. Some WROs have centered on
the Congo (DRC), Malaysia, and Zimbabwe.
concerns of forced labor in Xinjiang, particularly that of
Figure 2. WROs Issued Per Year
Uyghurs and other Turkic Muslim minorities.
There has been some legislative activity on this issue in the
116th Congress. The Uyghur Human Rights Policy Act
(H.R. 649 and S. 178), for example, urges U.S. companies
operating in Xinjiang to, “take steps…to publicly assert
…that their supply chains are not compromised by forced
labor.” The Uyghur Forced Labor Prevention Act (S. 3471),
includes a “rebuttable presumption” that all goods produced
or manufactured in Xinjiang are made with forced labor and
Source: CBP.
thus prohibited imports, unless CBP determines otherwise.
Issues for Congress
Section 307 Implementation and Enforcement
While congressional action to close the Section 307
Trade Policy and Forced Labor Provisions
loophole was widely welcomed, some observers question
The treatment of forced labor in U.S. trade policy and free
whether the tool is used effectively. The International Labor
trade agreements (FTAs) has been of long-standing
Rights Forum (ILRF), which has filed numerous petitions,
congressional interest and has evolved in recent years.
cites lack of clear evidence standards and transparency on
Consistent with negotiating objectives set by Congress in
the explanation for CBP enforcement actions as concerns.
Trade Promotion Authority, recent U.S. FTAs commit
They attribute the small number of enforcement actions to
countries to maintain laws on core labor rights/principles of
the traditional targeting of individual producers and the
the International Labor Organization (ILO). This includes
difficulty of tracing products back to the factory or farm
the elimination of forced or compulsory labor.
using forced labor, given complex global supply chains.
Traceability is particularly difficult for agricultural
For the first time in a U.S. FTA, the U.S.-Mexico-Canada
commodities, such as cocoa and cotton. Recent industry and
Agreement (USMCA) also commits parties to prohibit
country-wide enforcement actions, such as for
imports of goods produced by forced labor through
“measures it considers appropriate,” and t
Turkmenistan and the DRC, have been welcome
o establish
developments to some, including Members of Congress
cooperation for identifying such goods. The 116th Congress
who advocate this approach to Xinjiang. Other observers
passed USMCA implementing legislation in early 2020. It
view greater supply chain due diligence and accountability
created a Forced Labor Enforcement Task Force, chaired by
by U.S. companies as critical components.
the Secretary of Homeland Security, to monitor
enforcement of Section 307, and reporting requirements.
Christopher A. Casey, Analyst in International Trade and
In addition, eligibility criteria for U.S. trade preference
Finance
programs, such as the Generalized System of Preferences
Cathleen D. Cimino-Isaacs, Analyst in International Trade
(GSP), includes taking steps to maintain internationally
and Finance
https://crsreports.congress.gov
Section 307 and Imports Produced by Forced Labor
IF11360
Katarina C. O'Regan, Analyst in Foreign Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF11360 · VERSION 3 · UPDATED