CBP Updates Regulations to Eliminate Consumptive Demand Exception to Prohibition on the Importation of Goods Made with Forced Labor

Jun 8, 2017

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CBP’s final rule clarifies that CBP has been enforcing the ban since its effective date on March 10, 2016, and the final rule simply updates CBP’s regulations to reflect the statutory amendment to Section 307. There was previously speculation that CBP would implement additional changes to the Section 307 enforcement procedures in Section 12.42 of the CBP Regulations. However, CBP recently indicated it needs additional experience investigating allegations and validating information provided by importers about their suppliers and supply chains before it will be ready to amend the process. Instead, the final rule contains only one minor procedural change that allows importers who are contending that merchandise was not produced with forced labor to submit proof of admissibility of merchandise to Port Directors, in addition to the Commissioner of CBP.

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