The U.S. Department of Homeland Security's Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) banning the import of a Chinese squid fishing vessel, Zhen Fa 7, on May 28, citing confirmed forced labor including assault, wage theft, and identity document confiscation. When a WRO is activated, the relevant products are immediately seized upon arrival at U.S. ports.
An Indonesian crew member aboard Zhen Fa 7 died in a hospital in Montevideo, Uruguay, in 2020, having reportedly been beaten by other crew members during nearly three months at sea. His body was covered in bruises, and his hands and feet were swollen due to beriberi caused by malnutrition. Marks from ropes were also found on his neck.
Concerns are raised that exports of products from Korean corporations or agricultural and fishery products involving foreign workers may be threatened as CBP strengthens investigations into forced labor practices in Asia, including Korea. CBP can ban the import of products found to violate 11 indicators of forced labor defined by the International Labour Organization (ILO), such as ▲ fraud ▲ movement restrictions ▲ identity document confiscation ▲ physical violence. In April, CBP prohibited the import of salt from Taean Salt Farm in Jeollanam-do for these reasons.
CBP currently maintains a total of 52 WROs. Of these, 36 are related to Chinese corporations, while others involve companies from Mexico, Malaysia, the Democratic Republic of the Congo, India, Japan, Malawi, Nepal, Turkey, Zimbabwe, Somalia, and Korea.
By industry, agriculture and processed foods accounted for the most at 17 cases. This was followed by ▲ pharmaceuticals, health, and chemicals (9 cases) ▲ clothing, shoes, and textiles (5 cases) ▲ machinery (4 cases) ▲ non-metallic materials (4 cases) ▲ industrial and manufacturing materials (4 cases) ▲ various industries (2 cases) ▲ automotive and aerospace (2 cases) ▲ consumer goods and mass sale (2 cases) ▲ electronics (2 cases). There were also 5 cases of WROs related to vessels.
The United States has prohibited the import of goods produced by convict labor or forced labor under the Tariff Act established in 1930. This is due to human rights issues, as well as the assessment that products made with cheap labor create unfair competition in the U.S., harming domestic industries.
The U.S. also enacted the Uyghur Forced Labor Prevention Act (UFLPA) in 2022, which blocks the import of products made with forced labor in the Xinjiang Uyghur Autonomous Region. In September 2020, CBP banned the import of hair, clothing, cotton, and computer components produced by five companies in Xinjiang. In December of that year, a WRO was issued against the Xinjiang Production and Construction Corps (XPCC), which produces 17% of cotton products in the region.
In 2021, a WRO was issued against polysilicon products (polysilicon) produced by the leading Chinese polysilicon company, Hoshine Silicon, and its subsidiaries due to confirmed threats and movement restrictions during the production process. Forty-five percent of the polysilicon used for solar power generation is produced in the Xinjiang region.
Japan's Puchi Prison also faced WRO sanctions in June 1994. The prison employs inmates, and CBP banned the import of video game connectors and plugs produced from forced labor.
Small-scale mines producing gold and diamonds in the Democratic Republic of the Congo and Zimbabwe have each faced WROs. In the Democratic Republic of the Congo, armed groups forcibly mobilized residents to extract gold, while in Zimbabwe, troops and security personnel were deployed to the mines, prohibiting workers from leaving.
Top Glove, the world's largest manufacturer of medical gloves based in Malaysia, was subjected to import bans on rubber gloves in 2020. More than 80% of workers at the Top Glove factory were reported to be migrant workers from Nepal and other countries, working 12-hour shifts in two shifts over six days a week. Their poor working conditions became apparent when over 2,500 factory employees contracted COVID-19.
Subsequently, Top Glove submitted a withdrawal petition and, while undergoing audits by independent external organizations, improved its working methods and employee accommodations, leading to the resumption of exports in 2021.
Korea is no exception. CBP issued a WRO in April against the Taean Solar Salt Farm in Jeollanam-do. This followed the so-called 'salt farm slave' incident in 2021, where individuals with intellectual disabilities were subjected to forced labor. The Taean Salt Farm has submitted a request to CBP for the withdrawal of the WRO and is undergoing an audit by an independent external organization.
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