CBP Makes Narrow Changes in Final Rule on Forced Labor Regulations
A CBP final rule will remove "consumptive demand" considerations from the agency's regulations when looking at possible use of forced labor for imported goods, the agency said in a notice (here). The changes are the result of the Trade Facilitation and Trade Enforcement Act (TFTEA), which repealed the exemption for imports necessary to meet the "consumptive demands" in the U.S. from the prohibition on forced labor goods (see 1603010043). While CBP previously considered making additional regulatory changes (see 1606170040), "this rulemaking is limited to this conforming amendment and other minor non-substantive amendments," CBP said. A CBP official recently said the agency would need more time to consider making other changes (see 1705260007).
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The final rule amends CBP's "regulations to remove the 'consumptive demand' exception from the general prohibition against the importation of goods produced by convict, forced, or indentured labor," CBP said. Although CBP has been enforcing the changes since TFTEA went into effect, "this conforming amendment is necessary to ensure that 19 CFR reflects the recent statutory amendment," the agency said. The final rule also adds port directors to the officials "to whom an importer may submit proof of admissibility when contending that an article was not mined, produced, or manufactured in any part with the use of a prohibited class of labor," it said. CBP previously required such information to go only to the commissioner.
(Federal Register 06//08/17)