On or about March 8, 2021, US Customs and Border Protection (CBP) posted on its website a Fact Sheet on the WRO Modification/Revocation Processes Overview. The Fact Sheet states that Interested parties may request a WRO modification or revocation by providing evidence to CBP via email showing the subject merchandise was not produced, manufactured, or mined using forced labor.
The process outline is as follows:
- CBP advises petitioners to provide certain information for modification/revocation requests, and emphasizes the need for evidence demonstrating that all identified ILO indicators of forced labor are remediated. Information that CBP generally considers beneficial includes, but is not limited to:
- Evidence refuting each identified indicator of forced labor;
- Evidence that policies, procedures, and controls are in place to ensure that forced labor conditions are remediated;
- Evidence of implementation and subsequent verification by an unannounced and independent third party auditor;
- Supply chain maps that specify locations of manufacturers, factories, farms, and processing centers.
- Once petitions are received, CBP will evaluate submissions and engage in remediation dialogue with the petitioner via questions or requests for additional information throughout the review.
- If the forced labor indicators are addressed and fully remediated, then CBP will make a determination to modify or revoke. CBP will not modify or revoke unless all forced labor indicators are remediated.
- CBP may publish modification or revocation determinations on CBP.gov.
When CBP determines a foreign entity subject to the WRO has remediated all of the 11 International Labour Organization (ILO) indicators of forced labor identified, and suspends enforcement of the WRO against the foreign entity, it will modify the WRO.
If CBP determines that a foreign entity included in the scope of the WRO was not engaged in forced labor practices it will issue a WRO revocation and remove the foreign entity from the scope of the WRO.