US Customs and Border Protection (CBP) has modified the Withhold Release Order (WRO) issued on January 28, 2022, against imports of synthetic disposable gloves manufactured by Malaysia’s YTY Industry Holdings Sdn Bhd (YTY Group). Effective immediately, the US will allow YTY Group shipments to enter the US provided they are otherwise in compliance with US laws.
Shipments of YTY Group’s synthetic gloves received on or after February 8, 2023, will no longer be detained at US ports of entry. This is the second modification the agency has issued in 2023, CPB said in a press release.
“CBP is setting the global standard for responsible business practices through our forced labour enforcement,” said CBP acting commissioner Troy A Miller. “This latest modification is further proof that CBP’s efforts are leading companies to find ways to change their practices to ensure forced labour is not in their supply chain.”
“This modification is yet another example of how CBP’s leadership in combatting forced labour is a catalyst for global action, improving living and working conditions for tens of thousands of workers around the world, and elevating the moral and ethical standard for goods entering the US. We are witnessing a global shift in behaviour from importers and businesses as they identify and eliminate forced labour from their supply chains so that they can do business in the US. We are proud to be a part of this positive change that directly impacts so many lives, and we will continue to prioritise this work until forced labour ceases to exist in US supply chains,” said AnnMarie R Highsmith, executive assistant commissioner of CBP’s Office of Trade.
In January 2022, CBP issued a WRO against synthetic disposable gloves produced by YTY Group and its subsidiaries in Malaysia. CBP issued the WRO based on evidence reasonably indicating the presence of several International Labour Organisation forced labour indicators within YTY Group’s production and employee housing facilities, including abuse of vulnerability, intimidation and threats, debt bondage, retention of identity documents, abusive living and working conditions, deception, and excessive overtime.
Since the implementation of the WRO, YTY Group has taken numerous actions to remediate forced labour indicators within its manufacturing process and employee housing facilities. YTY Group’s remediation efforts included drafting and implementing a corrective action plan to address indicators of forced labour, reimbursing recruitment fees paid by its migrant workers, commissioning an independent social compliance audit, and submitting comprehensive documentation which sufficiently demonstrates YTY Group’s sustained commitment to remediate conditions of forced labour in its production and housing facilities.
Accordingly, CBP determined that YTY Group’s disposable gloves are no longer being produced using forced labour and, specifically, that the conditions of forced labour identified in the January 2022 WRO no longer exist.
19 USC. § 1307 prohibits the importation of “[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in Follow CBP Office of Trade on Twitter @CBPTradeGov.any foreign country by convict labour or/and forced labour or/and indentured labour … includ[ing] forced or indentured child labour.”
CBP has established a process through which interested parties may request the modification or revocation of a WRO or Finding. The required evidence and timeline for modification or revocation may vary depending upon the specific circumstances of each individual case. CBP does not modify WROs or Findings until the agency has evidence demonstrating that the subject merchandise is no longer produced, manufactured, or mined using forced labour.