Combating Forced Labor U.S. Announces Complete Ban on Cotton and Tomato Products from Xinjiang

The U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) announced Wednesday (Jan. 13) a new U.S. government enforcement action to ban all cotton and tomato products produced by companies and entities in Xinjiang from entering the United States on the grounds that they are allegedly made from the forced labor of Uighur Muslim detainees in Xinjiang.

The action relates to human rights violations in China’s Xinjiang Uighur Autonomous Region and a detention camp established by Beijing in Xinjiang in the name of “re-education and training. It is believed that more than one million Uighurs and other ethnic minorities and groups are being held in the camps.

Acting Deputy Secretary of Homeland Security Ken Cuccinelli said the new DHS enforcement action is designed to address the Chinese government’s promotion and use of forced labor in Xinjiang while protecting U.S. consumers and businesses from China’s unfair trade practices.

Speaking to reporters, Cuccinelli said: Today, the Department of Homeland Security, along with Customs and Border Protection, announced a new detain and release order for all cotton products and tomato products grown or produced by entities operating throughout the Xinjiang Uyghur Autonomous Region.

This region-specific hold and release order sends a clear message to Xinjiang producers and importers who may be considering sourcing goods from the region.

The Acting Deputy Secretary of Homeland Security emphasized that the Department of Homeland Security will not tolerate any form of forced labor in the U.S. supply chain. Customs and Border Protection will continue to investigate credible allegations of the presence of forced labor in Xinjiang. The United States will continue to prevent goods manufactured by forced labor from entering the United States.

Cuccinelli said the international community’s report provides detailed evidence that the Chinese government has detained between one and three million Uighurs who have been subjected to human rights violations such as torture, forced sterilization, forced abortions, rape and sexual abuse, and political indoctrination in detention camps.

Cuccinelli also called on all governments around the world that respect human rights and fair trade to do the same; and on the Chinese government to end its repressive forced labor practices.

Mark A. Morgan, acting director of U.S. Customs and Border Protection, said at the press conference that under relevant U.S. law, U.S. importers must exercise reasonable and prudent scrutiny of their supply channels to ensure that their supply chains are free of forced labor.

“It’s a requirement of U.S. law, and it’s the responsibility of the U.S. importer. U.S. importers face reputational, financial and legal risks if they bring products or goods into the United States that involve forced labor,” Morgan said.

Immediately following the announcement of this new ban by the Department of Homeland Security, groups such as the American Apparel and Footwear Association, the National Retail Federation, the Retail Industry Leaders Association, and the Fashion Industries of America issued a joint statement.

The statement said the companies we represent continue to be outraged by reports of forced labor in China’s Xinjiang region and the trafficking of Uighurs to other regions. These companies have long made eliminating forced labor from their supply chains a top corporate operational and public policy priority.

The companies look forward to working with U.S. Customs and Border Protection to ensure that enforcement is transparent, targeted and effective, the statement added. The statement also urged CBP to share with industry the relevant evidence gathered for the government’s decision.