LAW DETAILS
COUNTRY
United States of America
CATEGORY
International Trade: Forced Labor Prohibition
LEGAL CODE TITLE
Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA)
LEGAL CODE REFERENCE
Public Law No. 114-125
REVISION DATE
February 24, 2016
APPLICABILITY
Brands and Retailers
FREQUENCY
Ongoing
SUMMARY OR KEY PROVISION OF THE LAW
The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) is the first comprehensive authorization of U.S. Customs and Border Protection (CBP) since the Department of Homeland Security was created in 2003, with the overall objective to ensure a fair and competitive trade environment.
TFTEA strengthened an existing prohibition on the importation of goods made by forced labor by eliminating a long-standing loophole. All goods “mined, produced, or manufactured wholly or in part” by convict, forced, or indentured labor had long been prohibited from entering the U.S. under the Tariff Act of 1930, except for when the U.S.-produced supply of the goods was not sufficient to meet U.S. demand for the goods, the so-called “consumptive demand” exception in section 910. This exception has now been repealed, allowing the Customs and Border Protection (CBP) to prevent products made with forced labor from entering the U.S. regardless of U.S. demand. Any person may report to the CBP information showing that merchandise produced by forced labor is being, or is likely to be imported into the U.S. If the information reasonably, but not conclusively, indicates that the goods covered were made, either wholly or in part, by forced labor, CBP will issue a withhold release order to prevent the goods from entering the U.S. While the goods are being detained the manufacturer has the option of re-exporting the goods or of providing evidence to CBP demonstrating that the goods were not produced by forced labor. If CBP determines that there is conclusive evidence of forced labor, it will publish a formal finding in the Federal Register and Customs Bulletin and seize the goods. (Source: US Department of Labor)
TFTEA strengthened an existing prohibition on the importation of goods made by forced labor by eliminating a long-standing loophole. All goods “mined, produced, or manufactured wholly or in part” by convict, forced, or indentured labor had long been prohibited from entering the U.S. under the Tariff Act of 1930, except for when the U.S.-produced supply of the goods was not sufficient to meet U.S. demand for the goods, the so-called “consumptive demand” exception in section 910. This exception has now been repealed, allowing the Customs and Border Protection (CBP) to prevent products made with forced labor from entering the U.S. regardless of U.S. demand. Any person may report to the CBP information showing that merchandise produced by forced labor is being, or is likely to be imported into the U.S. If the information reasonably, but not conclusively, indicates that the goods covered were made, either wholly or in part, by forced labor, CBP will issue a withhold release order to prevent the goods from entering the U.S. While the goods are being detained the manufacturer has the option of re-exporting the goods or of providing evidence to CBP demonstrating that the goods were not produced by forced labor. If CBP determines that there is conclusive evidence of forced labor, it will publish a formal finding in the Federal Register and Customs Bulletin and seize the goods. (Source: US Department of Labor)
LEGAL CONSEQUENCES FOR NON-COMPLIANCE
If the information reasonably, but not conclusively, indicates that the goods covered were made, either wholly or in part, by forced labor, CBP will issue a withhold release order to prevent the goods from entering the U.S. While the goods are being detained the manufacturer has the option of re-exporting the goods or of providing evidence to CBP demonstrating that the goods were not produced by forced labor. If CBP determines that there is conclusive evidence of forced labor, it will publish a formal finding in the Federal Register and Customs Bulletin and seize the goods.
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