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ARTICLE · 18 AUGUST 2021

Did US Customs Create A De Minimis Standard Under Its Forced Labor Regulation?

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The statute prohibits the importation of goods made in whole or in part with the use of convict, forced or indentured labor.

United StatesInternational Law
Sydney Mintzer
Sydney Mintzer
Tiffany Smith
Tiffany Smith
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On July 27, 2021, US Customs and Border Protection ("CBP") issued a set of Frequently Asked Questions (FAQs) to provide guidance on the recently issued Withhold Release Order ("WRO") on silica-based products made by Hoshine Silicon Industry Co., Ltd. ("Hoshine"), a company located in Xinjiang, China, and its subsidiaries. Among the FAQs was the question, "Are finished products that contain a small percentage of silica-based products sourced from Hoshine or its subsidiaries subject to the WRO?" In the response, CBP advised:

The statute prohibits the importation of goods made in whole or in part with the use of convict, forced or indentured labor. However, if the contribution of prohibited labor to the whole product is insignificant (both from a quantitative and a qualitative perspective), CBP may consider the product outside the scope of the statute. For example, if prohibited labor is used to manufacture a single part in the engine of a car, the contribution of

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