CBP orders detention of palm oil from two Indonesian plantations over forced labor

U.S. Customs and Border Protection (CBP) issued two Withhold Release Orders (WROs) against palm oil and its derivative products produced by Mitra Aneka Rezeki (MAR) and Hardaya Inti Plantation (HIP), two palm oil plantations in Indonesia. Effective immediately, CBP personnel at all U.S. ports of entry will detain shipments of palm oil and its derivative products produced by MAR and HIP due to evidence reasonably indicating the use of forced labor in their production.

“Exploiting workers is inhumane and damaging to our economic and national security,” said CBP Office of Trade Executive Assistant Commissioner Susan S. Thomas. “Not only are these workers suffering from lack of proper conditions and pay, but the goods they’re forced to produce can put American businesses and consumers at risk.”

Both WROs were issued due to violations of 19 U.S.C. § 1307, the law prohibiting goods made with forced labor from entering the United States. When CBP has evidence indicating that imported goods are made using forced labor, the agency detain those shipments through WROs.

Both WROs are the result of a CBP review that MAR and HIP use forced labor to produce palm oil and its derivative products in Indonesia. During its review, CBP analyzed the following supporting evidence: interview transcripts, payroll slips, harvest quota information, photographs, open-source non-governmental organization and other government agency reports, news media, and academic research.

Taken together, the evidence demonstrated that workers at MAR and HIP are subject to the following International Labour Organization (ILO) indicators of forced labor: debt bondage, withholding of wages, deception, excessive overtime, abusive working and living conditions, intimidation and threats, and abuse of vulnerability. In addition, workers at MAR are also subject to retention of identity documents and isolation. The facts underlying these indicators show, by reasonable suspicion, that workers are engaged in forced labor (i.e., work performed involuntarily and under menace of penalty). Additionally, CBP trade import data demonstrates that the goods are being, or are likely to be, imported into the United States.

Both WROs against MAR and HIP highlight CBP’s continued efforts to combat forced labor. With this action, CBP now oversees and enforces 60 WROs and eight Findings under 19 U.S.C. § 1307.

Importers of detained shipments may seek to destroy or export their shipments or seek to demonstrate that the merchandise was not produced with forced labor.

CBP receives allegations of forced labor from a variety of sources including government agencies, media, non-governmental organizations, and members of the public. Any person or organization that has reason to believe merchandise produced with forced labor is being, or is likely to be, imported into the United States can report allegations through CBP’s Forced Labor Allegation Portal (https://flallegation.cbp.gov/s/login/).

Link to Press Release: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-withhold-release-orders-mitra-aneka-rezeki-and-hardaya