Human Trafficking and Forced Labor: Trends in Import Restrictions

Source: Liana W. Rosen, M. Angeles Villarreal, Ashley Feng, Congressional Research Service, CRS Insight, IN10541, July 29, 2016

More than 85 years ago, Congress passed a provision against forced labor in the Tariff Act of 1930 (19 U.S.C. 1307), which prohibited from import into the United States “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions” (Section 307 of the Act)…..According to human rights and anti-human trafficking awareness and advocacy groups, the use of Section 307 has been limited. In the over 85 years since the Tariff Act was enacted, U.S. authorities applied this provision to relatively few specific goods and manufactures. Some observers pointed to the so-called “consumptive demand” clause for the limited effect of this import prohibition. This clause excluded Section 307’s application to any imports that were not made “in such quantities in the United States to meet the consumptive demands of the United States.” In February 2016, the 114th Congress passed the Trade Facilitation and Trade Enforcement Act of 2015, known also as the Customs Reauthorization bill (P.L. 114-125). The bill was signed into law on February 24, 2016. Section 910 of the Act repeals the “consumptive demand” exception, effective 15 days after enactment, or March 16, 2016…..