CBP Releases Updated Guidance on Forced Labor Prohibition Enforcement

Jun. 15,2026
By: Austin J. Eighan

U.S. Customs and Border Protection (CBP) issued updated operational guidance for importers to clarify how the agency enforces prohibitions against forced labor. The document presents CBP’s enforcement framework by detailing how the agency investigates shipments, applies detention procedures, and evaluates supporting documentation, while clarifying the distinctions between the three primary legal authorities concerning forced labor:

• 19 U.S.C. § 1307 – prohibits imports of goods produced via forced labor;
• The Uyghur Forced Labor Prevention Act (UFLPA) – establishes a rebuttable presumption that goods produced in the Xinjiang Uyghur Autonomous Region or by entities on the UFLPA Entity List are made with forced labor; and
• The Countering America’s Adversaries Through Sanctions Act (CAATSA) – establishes a rebuttable presumption that goods produced by North Korean nationals are made with forced labor.

The guidance emphasizes how CBP applies these authorities to determine whether goods involve production-stage labor, whether threats or penalties drive that work, and whether workers act with informed and voluntary consent.

The guidance also provides process maps covering enforcement under the UFLPA, Withhold Release Orders, Findings, and CAATSA actions, along with detailed sections that explain how CBP manages procedural steps from detention through resolution. The document also highlights due diligence expectations and includes appendices covering traceability documentation, supply chain controls, evidence submission practices, and recommended technical testing methods.

Since the Trump Administration is currently seeking to impose Section 301 tariffs on other countries for their failures to act against forced labor trade in goods, importers should expect to see the U.S. ramp up enforcement. Importers would do well to avoid being made an example of to justify the U.S. argument that it is enforcing forced labor prohibitions, even when others are not.

If your company is seeking guidance on supply chain due diligence, documentation best practices, or assistance on a specific detention, please reach out to one of our attorneys at Barnes, Richardson & Colburn.