Tariff Act of 1930

Reporting
- Any individual that has reason to believe any type of merchandise imported into the U.S. is the product of forced labor can communicate this to CBP
- Port directors and custom officers must report instances of imports produced with forced labor to the CBP commissioner
Due Diligence

Own Operations
Subsidiaries
Direct Suppliers
Indirect Suppliers
- The Act does not specifically identify a single target, but uses broad language to prohibit the use of forced labor in any goods imported into the U.S.

Monitoring
- The CBP Commissioner monitors import information collected by other government agencies to identify imports of products made using forced labor.
- The CBP Commissioner also accepts petitions and tips including evidence of goods made using forced labor.
Administrative Sanctions
- If the CBP Commissioner finds a report to be reasonably indicative that imports are the product of forced labor, then the Commissioner must issue a withhold release of goods (WRO) to detain suspected goods.
- Importers have three months to dispute a WRO and show that “every reasonable effort” was made to determine the type and source of labor used to produce the goods.
- After issuance of a WRO, if the Commissioner finds that the covered merchandise is subject to Section 307, such findings will be published in the Customs Bulletin and Federal Register. Publication of a finding allows CBP to seize merchandise and commence forfeiture proceedings. An importer can petition for the release of merchandise.

Large Companies
SMEs
All sectors
- Imports of any type of product manufactured fully or partially with forced labor.

Civil Liability
Facilitating Access to Justice
Other
- Summary forfeiture proceedings commence after CBP seizes merchandise made using forced or child labor.

Enforced by U.S. Customs and Border Protection (CBP), Section 307 prohibits the importation of any product that was mined, produced, or manufactured fully or partially with forced labor. This includes forced labor and or indentured child labor.
Indicators of forced labor include but are not limited to: deception, isolation, abuse of vulnerability, restriction of movement, isolation, debt bondage, and intimidation and threats.

Law