Trend Alert: Increased US Oversight of Forced Labor in Supply Chains

Continuing the trend toward increased oversight of forced labor in supply chains, on March 18, 2021, the US Senate Finance Committee will hold a hearing on “fighting forced labor.”  Specifically, the hearing will focus on “[c]losing the loopholes and improving customs enforcement to mandate clean supply chains and protect workers.”  This may signal a continued trend in the US to combat forced labor in the supply chains of domestically imported products.

In general, CPB has the authority to issue a WRO when information “reasonably” indicates merchandise was mined, produced or manufactured, wholly or in part, in any foreign country by forced or indentured labor – including forced child labor. If the CPB determines that this relatively low standard of proof has been met, the burden then shifts to the importer to prove that the goods in question were not made using prohibited labor. Furthermore, upon sufficient evidence of forced labor, CPB will publish their formal findings on the Customs Bulletin and in the Federal Register.

To that end, while no government witness will appear, at least four industry and NGO witnesses will testify, including representatives of the United Steelworkers, the Human Trafficking Law Center, the United States Fashion Industry Association, and Sourcemap, which is a supply chain tracking company.

SOURCE: https://www.natlawreview.com/article/trend-alert-increased-us-oversight-forced-labor-supply-chains