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        Department of Homeland Security Update

        Department of Homeland Security Update

        U.S. Customs and Border Protection (CBP) has announced it has directed personnel at all U.S. ports of entry to begin seizing disposable gloves produced in Malaysia by a specific manufacturer, found in violation of Federal statute 19 U.S.C. 1307 which prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor.

        The Department of Homeland Security, US Customs and Border Protection (CBP) recently posted a “Notice of Finding” explaining that certain disposable gloves produced in Malaysia used convict, forced, or indentured labor. These gloves are being, or are likely to be, imported into the United States.

        Below is a summary of their investigation: Full Document Text – [CBP Dec. 21–08] found here:

        Pursuant to section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307), ‘‘[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited.’’ Under this section, ‘‘forced labor’’ includes ‘‘all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily’’ and includes forced or indentured child labor.

        On July 15, 2020, CBP issued a withhold release order on ‘‘disposable gloves’’ reasonably indicated to be manufactured by forced labor. Through its investigation, CBP determined that there is sufficient information to support a Finding that such merchandise is likely being imported into the United States.

        Finding- Pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(f), it is hereby determined that certain articles mined, produced, or manufactured in whole or in part with the use of convict, forced, or indentured labor… Based upon this determination, the port director may seize the covered merchandise for violation of 19 U.S.C. 1307 and commence forfeiture proceedings pursuant to 19 CFR part 162, subpart E, unless the importer establishes by satisfactory evidence that the merchandise was not produced in any part with the use of prohibited labor specified in this finding.

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