On Wednesday, May 28th, the US Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) for the Chinese fishing vessel “Zhen Fa 7”. Effective immediately, CBP officials at all US ports of entry will be withholding seafood caught by the “Zhen Fa 7”, not limited to squid. The CBP stated that there are grounds to suspect that the vessel engaged in forced labor during the fishing process.
CBP Acting Commissioner Pete Flores stated, “Combating forced labor is at the core of CBP’s mission to protect the economic security of the United States. The President recently directed us to restore the competitiveness of US seafood products by combating unfair trade practices, issuing this WRO is one tangible step towards that goal.”
CBP pointed out that the “Zhen Fa 7” exhibited indicators of forced labor as defined by the International Labour Organization (ILO), including isolation, withholding of identity documents, harsh working and living conditions, physical and sexual violence, and debt bondage. These forced labor practices allowed the vessel to reduce labor costs, produce goods at low expenses, and undercut fair competition for US businesses, resulting in unfair profits.
CBP Acting Executive Assistant Commissioner for Trade Susan S. Thomas commented, “Stopping forced labor and protecting law-abiding businesses is one of CBP’s top priorities. We are making comprehensive efforts to prevent goods involving unfair labor and trade practices from entering the US market.”
CBP is responsible for enforcing US trade and tariff laws by investigating forced labor in the seafood supply chain to safeguard the US market from unfair trade practices. The WRO issued against the “Zhen Fa 7” is the latest global measure by CBP to combat forced labor practices. To date, CBP has issued 52 WROs and 9 formal findings under Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307). Since 2020, CBP has issued six WROs specifically targeting fishing vessels.
Section 307 of the Tariff Act of 1930 prohibits the importation of “any product, goods, wares, articles, or merchandise mined, produced, or manufactured wholly or in part by forced labor, convict labor, or indentured labor under penal conditions in a foreign country.” If CBP has reasonable suspicion about a particular imported commodity involving forced labor, it may instruct port workers to detain the shipment. Importers have the option to destroy, export the goods, or provide documentation proving the legality of the imported merchandise.
CBP welcomes allegations of forced labor from various sources, including government agencies, media, NGOs, and the public. Individuals or organizations with reasons to believe that certain goods are made with forced labor and are being or may be imported into the US can report through CBP’s e-Allegations Online Trade Violation Reporting System or call 1-800-BE-ALERT to report.