CBP Updates Importer Guidance on Forced Labor Enforcement and Supply Chain Documentation Requirements
U.S. Customs and Border Protection (CBP) has released updated importer guidance outlining expectations for forced labor compliance, including how importers should prepare for, respond to, and support review requests involving detained, excluded, or seized cargo.
The guidance reinforces a message CBP has emphasized in recent years: forced labor compliance extends beyond supplier certifications. Importers are expected to understand their supply chains, maintain supporting documentation, and be prepared to trace goods and components through the production process when requested by CBP.
Reference: CBP's Forced Labor Enforcement Operational Guidance for Importers
Link: CBP’s Webpage - Forced Labor Enforcement Operational Guidance for Importers
What Importers Need to Know
CBP's forced labor enforcement authority applies broadly to merchandise mined, produced, or manufactured wholly or in part with forced labor.
CBP's enforcement authority includes actions taken under Withhold Release Orders (WROs), Findings, and the Uyghur Forced Labor Prevention Act (UFLPA).
When CBP identifies potential forced labor concerns within a supply chain, imported merchandise may be detained, excluded, or seized. Once enforcement action occurs, an importer's ability to respond quickly and provide complete supporting documentation becomes critical.
The updated guidance emphasizes the importance of maintaining organized, shipment-specific documentation. Importers may need to demonstrate who produced the goods, where materials and inputs originated, how the supply chain is structured, and what controls are in place to identify and address forced labor risks.
The Forced Labor Portal Is Now Central to the Process
CBP has expanded the use of its Forced Labor Portal, which is now the primary submission platform for several forced labor-related review requests, including:
Withhold Release Order (WRO) and Finding admissibility reviews
UFLPA applicability reviews
UFLPA exception requests
Certain Countering America's Adversaries Through Sanctions Act (CAATSA) exception requests
Importers should not wait until a shipment is detained to become familiar with the portal and submission process. Internal compliance teams, customs brokers, suppliers, and operational personnel should understand in advance what documentation may be required and who is responsible for collecting and maintaining those records.
Documentation Matters
The updated guidance makes clear that CBP is seeking more than general statements of compliance. Depending on the circumstances, importers may be asked to provide documentation such as:
Purchase orders
Commercial invoices
Bills of materials
Production records
Supplier and sub-supplier information
Payment records
Transportation documents
Supply chain maps
Origin documentation
CBP may also request evidence of a functioning due diligence program, including:
Supplier engagement processes
Risk assessments
Internal controls
Corrective action procedures
Independent verification activities, where appropriate
The stronger and more organized the documentation, the better positioned the importer will be to respond to CBP within the required timeframe.
Why This Matters to Importers
Forced labor enforcement remains a significant CBP enforcement priority. Importers operating within higher-risk industries or managing complex, multi-tier supply chains should expect increased scrutiny and requests for information extending beyond the immediate seller or manufacturer.
CBP increasingly expects importers to demonstrate supply chain visibility before goods arrive at the border. Once a detention occurs, importers often face tight deadlines to collect records, coordinate with overseas suppliers, translate documents, and prepare a complete response package.
Companies that lack established documentation procedures may find it difficult to respond effectively within the timeframes provided by CBP.
Practical Steps for Importers
Importers should review their current forced labor compliance procedures and confirm they can identify the manufacturers, suppliers, sub-suppliers, and raw material sources associated with imported products.
Companies should also consider developing product-specific documentation files for higher-risk goods before shipment. At a minimum, importers should maintain:
Supplier records
Supply chain maps
Origin documentation
Production records
Written due diligence procedures
Documentation supporting forced labor risk assessments
Importers working with overseas suppliers should also review supplier questionnaires, purchase order terms, and document retention expectations. Suppliers should understand that CBP may require detailed records on short notice if merchandise is detained for forced labor review.
Bottom Line
CBP's updated guidance highlights the growing importance of supply chain visibility and documentation in forced labor enforcement. Importers should ensure they can identify key participants throughout their supply chains, maintain organized supporting records, and establish procedures for responding to CBP inquiries.
Companies that proactively develop documentation and traceability processes will be better positioned to address CBP requests, minimize shipment disruptions, and reduce the risk of costly delays associated with detained, excluded, or seized cargo.