As you may know, CBP Regulations implementing 19 U.S.C. § 1307 prohibition on the importation of goods made with the use of forced labor (i.e.,19 C.F.R. § 12.42, et. seq.) provide in part as follows:
19 C.F.R. § 12.42 Findings of
Commissioner of CBP
...
(f) If it is determined on the basis of the foregoing that the
merchandise is subject to the provisions of the said section 307,
the Commissioner of CBP, with the approval of the Secretary of the
Treasury, will publish a finding to that effect in a weekly issue
of the Customs Bulletin and in the Federal Register.
(g) Any merchandise of a class specified in a finding made under paragraph (f) of this section, which is imported directly or indirectly from the locality specified in the findings and has not been released from CBP custody before the date of publication of such finding in the Federal Register shall be considered and treated as an importation prohibited by section 307, Tariff Act of 1930, unless the importer establishes by satisfactory evidence that the merchandise was not mined, produced, or manufactured in any part with the use of a class of labor specified in the finding.
CBP Regulations implementing the forced labor statute also provide the following with respect to seizures:
19 C.F.R. § 12.44 Disposition
...
(b) Seizure and summary forfeiture. In
the case of merchandise covered by a finding under § 12.42(f),
if the Commissioner of CBP advises the port director that the proof
furnished under § 12.43 does not establish the admissibility
of the merchandise, or if no proof has been timely furnished, the
port director shall seize the merchandise for violation of 19
U.S.C. 1307 and commence forfeiture proceedings pursuant to part
162, subpart E, of this chapter.
Nevertheless, by press release issued on December 4, 2024, (today), seen at the following link, CBP will seize aluminum products manufactured using forced labor by Chinese-owned, Dominican based company | U.S. Customs and Border Protection, CBP has announced that it has issued a "Finding against Kingtom Aluminio S.R.L., the first Chinese-owned entity in the Dominican Republic, based on information that reasonably indicates the use of forced labor in violation of 19 U.S.C. § 1307 in the production of that merchandise" and that "[e]ffective immediately, CBP personnel at all U.S. ports of entry will seize aluminum extrusion and profile products manufactured by Kingtom Aluminio S.R.L.."
Perhaps the Customs Bulletin and Federal Register notifications are still in process, but importers of aluminum products should be aware that the products described in the December 4th press release can be seized as of December 4, 2024, (today) without a prior withhold release order in place, according to the press release.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
