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1 1 (Updated October 17, 2024)

handle is hein.crs/goveqzv0001 and id is 1 raw text is: Congressional Research Service informing the legislative debate since 1914 Updated October 17, 2024 Section 307 and Imports Produced by Forced Labor The International Labor Organization (ILO) estimated that in 2021 on any given day 27.6 million people were forced to labor against their will globally. The products of that forced labor entered global supply chains and made their way to consumers around the world, competing against products made with unforced labor. In recent decades, Congress, through legislation and oversight, has increased its efforts to keep these products out of the U.S. market. Since 2015, many of those efforts have been directed at amending and overseeing the enforcement of Section (Sec.) 307 of the Tariff Act of 1930 (19 U.S.C. §1307), which prohibits importing products that are mined, produced, or manufactured, wholly or in part, by forced labor, including by forced or indentured child labor. In the 118th Congress, some Members held various hearings and proposed legislation focused on concerns over forced labor in China and in specific sectors and supply chains, such as seafood, critical minerals, and automotive parts. Defining Forced Labor in Section 307 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. - 19 U.S.C. §1307; language modeled on ILO Forced Labor Convention, 1930 (No. 29). Admmnistering Sectson 307 U.S. Customs and Border Protection (CBP) enforces Sec. 307 (19 C.F.R. §§12.42-12.45). Any person who has reason to believe that any class of merchandise that is being, or is likely to be, imported into the United States has been produced by forced labor may communicate that belief to the Commissioner of CBP. Upon receipt of such a communication, the Commissioner initiates an investigation as appears warranted by the amount and reliability of the submitted information. If the Commissioner finds the information reasonably but not conclusively indicates that imports may be the product of forced labor, then she or he is to issue an order to withhold release (WRO) of such goods pending further instructions. An importer has three months to contest a WRO and must demonstrate that every reasonable effort has been made to determine the source/type of labor used to produce the merchandise and its components. If the importer does not successfully contest the WRO or remove the merchandise from the United States (e.g., reexport), CBP may consider it abandoned and destroy it. If the Commissioner determines that the good is conclusively subject to Section 307, CBP may publish a Finding, seize the imports, and commence forfeiture proceedings. Beyond the date, type of good, manufacturer, and WRO status, CBP does not generally publish information about detentions, reexportations, exclusions, or seizures. Figure I. Application of Section 307 Receipt of CBP Commissioner allegation or pnwtiate tLp s. f-initiat on onvestigasiona m t o CBP Commissioner issues a WRO. Y41- .mporter may expct mercha idise or Gontest the WROu arc pubi 2hd it' the Federal egster. CBP seiog s nonsexported o- mrchandise and commences forfeiture proceedingsf Source: CRS, based on U.S. Customs and Border Protection. input pro R fatondlap Wihi Other a abor tanditinllyrafbeeng Moiceasu wress,i a Sec. 307 is one of several congressionally mandated forced labor-related measures. Others include the Department of Labor, Bureau of International Labor Affairs' (ILAB) Findings on the Worst Forms ofChild Labor (prepared per P.L. 106-200) and List ofGoods Produced by Child Labor or Forced Labor (per P.L. 109-164). These reports contain country profiles and lists of goods suspected to have been produced by child or forced labor. ILAB's 2024 list identified at least 75 goods produced by forced labor from 44 countries/areas, and 35 downstream goods made wit inputs produced by forced labor. While LAB analysis traditionally has been used to increase awareness, it may potentially inform certain CBP Sec. 307 investigations. The State Department and other agencies also address forced labor as pan ofbroader efforts to combat human trafficking pursuant to the Trafficking Victims Protection Act of 2000 (Division A of P.L. 106-386, as amended). Hitory nd Trends inSec.301 Use In 1930, Congress enacted Sec. 307 largely to protect domestic labor from competing with foreign forced labor. Although some Members raised humanitarian concerns during the debate, these concerns were subordinated to ensuring U.S. consumers could still access products that were frequently made with forced labor abroad (e.g., coffee, tea, rubber). To that end, Congress allowed imported goods made with forced labor in cases where domestic production was insufficient to meet the consumptive demand of U.S. consumers. In practice, this provision put substantial limits on the products to which Sec. 307 could apply. For more than 70 years after its enactment, Sec. 307 was rarely used to block U.S. imports. By the turn of the millennium, as more products were manufactured exclusively abroad, it became easier for importers to make

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