CBP Spells Out Consumptive Demand Changes in FAQs
Merchandise detained as a result of a CBP withhold release order can either be re-exported or the importer can submit information as proof the merchandise isn't in violation, the agency said in a list of frequently asked questions about forced labor petitions (here). The customs reauthorization law repealed the "consumptive demand" exemption to the ban on imported products made by forced labor (see 1603010043). "Shipments subject to findings can be excluded or seized," said CBP. CBP recently issued its first forced labor withhold release orders in over 15 years (see 1603310034).
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CBP no longer takes into consideration domestic production levels within the process for considering withhold release orders for imports suspected of being made by forced or child labor, though the process is otherwise the same, it said. A forced labor petition alone isn't sufficient to compel a withhold release order, as CBP must "ensure the information supplied in the petitions meets the standards outlined in CBP regulations," it said. While CBP said it may use the Department of Labor's forced labor lists for research, CBP consider standards "DOL is required to use different standards to publish the commodities on its lists from the standards that CBP must follow," said CBP. Such orders remain in place until revoked, the agency said. "Importers must exercise due diligence over their supply chains and understand where and how their products are manufactured or produced in whole or in part," it said. CBP pointed to the DOL's reports on forced labor and CBP’s list of foreign entities and their commodities subject to an active orders as resources to avoid being affected.