CBP Withhold Release Order Forced Labor Section 307: Full Guide

Key Points

• CBP may detain and exclude any merchandise made wholly or in part with forced labor under 19 U.S.C. 1307, a authority that predates and operates independently of the UFLPA.
• A Withhold Release Order (WRO) targets a specific producer, manufacturer, or region; a Finding is the stronger instrument, formally declaring that a named entity uses forced labor and mandating exclusion at all ports.
• Unlike the UFLPA's rebuttable presumption (which covers entire product categories from specified regions), a WRO or Finding requires CBP to have a reasonable belief about a particular supply chain before it detains goods.
• An importer whose shipment is detained under a WRO must affirmatively demonstrate, with documentary evidence, that the specific goods were not made with forced labor to secure release, and the burden of proof sits entirely with the importer.
• WROs and Findings are published on the CBP forced labor enforcement page and remain in effect indefinitely until revoked; there is no automatic sunset.

On this page

1. What Section 307 is and why it matters
2. WROs and Findings: how each instrument works
3. How WROs differ from the UFLPA rebuttable presumption
4. The detention and exclusion process step by step
5. Evidentiary standard: what importers must show to get goods released
6. Supply chain due diligence practices that support a response
7. What importers should do
8. Key references

CBP's authority to block goods made with forced labor flows from 19 U.S.C. 1307, which bans the importation of merchandise produced in whole or in part by convict labor, forced labor, or indentured labor. CBP operationalizes that authority primarily through two instruments: Withhold Release Orders (WROs) and Findings. A WRO directs port officers to detain shipments from a named entity pending further investigation; a Finding is a formal determination that exclusion is mandatory. Both are separate from, and can operate concurrently with, the Uyghur Forced Labor Prevention Act (UFLPA).

The links in this article go to the primary documents: the statutes, regulations, and official CBP guidance pages themselves. Read the source.

What Section 307 Is and Why It Matters

19 U.S.C. 1307 has been part of U.S. trade law since the Tariff Act of 1930. It creates a categorical import prohibition: no merchandise mined, produced, or manufactured wholly or in part by forced or indentured labor may lawfully enter U.S. commerce. The statute originally included a "consumptive demand" exception that allowed importation if domestic production could not meet U.S. demand, but Congress eliminated that exception in 2016, making the prohibition absolute.

Because the prohibition is absolute, CBP does not have discretion to admit goods once a Finding is issued. WROs occupy a step below that: they signal a reasonable but not yet final belief that forced labor is involved, triggering detention while CBP gathers more information or the importer responds.

WROs and Findings: How Each Instrument Works

Withhold Release Orders

A WRO is issued by the Commissioner of CBP (or a designated official) when information reasonably but not conclusively indicates that a specific producer, manufacturer, or region is using forced labor. Once published, port directors across all U.S. ports of entry must detain shipments of the covered merchandise. CBP publishes the list of active WROs at cbp.gov/trade/forced-labor/withhold-release-orders-and-findings.

A WRO names the entity or region and the types of goods covered. Importers sourcing from any supplier in that entity's supply chain, even as a downstream buyer with no direct relationship to the named party, can have goods detained if those goods incorporate inputs from the covered source.

Findings

A Finding is the more definitive instrument. It requires a formal administrative process including a published notice in the Federal Register and a public comment period. Once finalized, a Finding constitutes a legal determination that the named entity uses forced labor, and exclusion of covered merchandise is mandatory. Importers cannot obtain release of goods subject to a Finding by presenting evidence of non-forced-labor origin because the determination has already been made at the entity level.

Findings are also listed on the CBP forced labor enforcement page. The Federal Register notices for each Finding are the authoritative record of their scope.

How WROs Differ from the UFLPA Rebuttable Presumption

The UFLPA, which became effective in June 2022, created a rebuttable presumption that all goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or by entities on the UFLPA Entity List, are made with forced labor and are prohibited under 19 U.S.C. 1307. That presumption applies at the product-and-region level: if a shipment's supply chain touches Xinjiang or a listed entity, CBP presumes forced labor unless the importer rebuts the presumption by clear and convincing evidence.

WROs are different in three important ways:

• Scope: A WRO targets a named producer or a specific region, not a broad geographic or ethnic-population presumption. A shipment not connected to the named entity is not detained under that WRO, even if it originates from the same country.
• Standard of proof: Under a WRO, the importer must show that the detained goods were not made with forced labor. Under the UFLPA, the standard is explicitly "clear and convincing evidence," a higher threshold. CBP applies a similarly demanding standard for WRO responses, but the statutory text differs.
• Coverage determination: UFLPA coverage is triggered by geography and entity lists maintained by the interagency Forced Labor Enforcement Task Force. WRO coverage is triggered by CBP's own investigation and reasonable belief finding, which can be based on tips, audits, trade data analysis, or foreign government reports.

The two regimes can overlap. A shipment may be detained simultaneously under a WRO and subject to UFLPA review if it involves both a named WRO entity and Xinjiang-connected inputs.

The Detention and Exclusion Process Step by Step

Initial detention

When a shipment arrives that CBP believes is covered by a WRO, the port director issues a detention notice. The importer of record has a limited window, typically three business days for a formal response opportunity, to provide documentation or request additional time. CBP may extend the detention period while it reviews evidence.

Exclusion

If the importer does not respond, or if CBP finds the response insufficient, CBP issues an exclusion order. The importer may then file a protest under the standard protest procedures to contest the exclusion. Excluded goods must be exported or destroyed; they may not enter U.S. commerce.

Referral and seizure

In cases where CBP believes there is an intentional attempt to import prohibited merchandise, the matter may be referred for seizure and forfeiture proceedings or for further enforcement action beyond simple exclusion.

Evidentiary Standard: What Importers Must Show to Get Goods Released

To obtain release of goods detained under a WRO, an importer must demonstrate that the specific detained merchandise was not produced with forced labor. CBP reviews evidence at the shipment level, not at the company level. A supplier's general social-audit certification is rarely sufficient on its own.

CBP guidance and practice indicate that a strong response typically includes:

• Complete supply chain mapping: Documentation tracing every input in the detained goods from raw material through finished product, identifying the origin of each input and the facility that processed it.
• Transactional records: Purchase orders, invoices, bills of lading, and payment records linking each supply chain tier to the next.
• Labor recruitment and compensation records: Payroll records, worker contracts, and evidence that workers are free to leave employment, covering both the direct manufacturer and key upstream suppliers.
• Third-party audits: Recent, unannounced audits by qualified auditors covering forced labor indicators specifically, not just general labor practices, for every material tier.
• Government certifications: Where available, certifications from recognized government bodies confirming origin and production conditions.

CBP evaluates whether the evidence covers the entire supply chain, not just the finished-goods factory. A gap at any tier, such as unverified cotton ginning or yarn spinning, can result in continued detention or exclusion even if the final-stage factory is clean.

Supply Chain Due Diligence Practices That Support a Response

The time to build a WRO response file is before a shipment is detained, not after. Practical due diligence steps that position importers to respond quickly include:

Map your supply chain before importation

Require tier-one suppliers to disclose their own suppliers of primary inputs. For high-risk commodities (cotton, polysilicon, seafood, tobacco, coal, and others that appear repeatedly in WROs and Findings), extend mapping to tier two and tier three. Document the mapping with signed supplier disclosures.

Conduct input-level audits

Audit programs should specifically test for forced labor indicators: debt bondage, document confiscation, restriction of movement, excessive overtime without consent, and state-sponsored labor transfer programs. General social-compliance audits that do not address these indicators provide limited protection.

Monitor the active WRO and Finding list

Check CBP's forced labor enforcement page regularly. WROs can be added at any time. If a new WRO names a supplier or input source in your supply chain, act immediately to gather documentation before any shipment is detained.

Maintain transactional records in retrievable form

CBP detention notices allow a short response window. Importers who cannot retrieve supplier records quickly are at a significant disadvantage. Centralize supply chain documentation in a system that allows rapid retrieval by supplier, product, and shipment.

Reasonable care obligations under the customs laws are also relevant here. Importers of record are expected to take affirmative steps to know their supply chains. For a broader look at how technology supports reasonable care, see What AI Tools Help an Importer of Record Meet Reasonable Care?

What Importers Should Do

• Audit the current CBP WRO and Finding list against every supplier and input in your supply chain, and repeat this audit whenever you onboard a new supplier or source a new commodity.
• Build a supply chain documentation package for each high-risk commodity that covers all tiers of production, so that if a shipment is detained you can respond to CBP within the detention window without scrambling for records.
• Distinguish your UFLPA compliance program from your WRO compliance program: the UFLPA's geographic and entity-list triggers require a different monitoring approach than the entity-specific WRO regime, and both must be managed simultaneously.
• When a shipment is detained, consult a licensed customs broker or trade attorney immediately to assess whether the evidence package meets CBP's expectations before submitting a response, because a weak initial response can complicate later protest or judicial review options.

Key References

• 19 U.S.C. 1307: The statutory prohibition on importing goods made with forced labor, convict labor, or indentured labor.
• CBP Forced Labor: Withhold Release Orders and Findings: The official list of all active WROs and Findings, updated when new orders are issued or existing ones are revoked.
• CBP Forced Labor Enforcement Overview: CBP's central hub for forced labor policy, guidance documents, and enforcement statistics.
• Federal Register (federalregister.gov): The authoritative source for notices of proposed Findings, final Findings, and related rulemaking in the forced labor space.
• CBP UFLPA Enforcement Guidance: CBP's operational guidance on the UFLPA rebuttable presumption, entity list, and importer evidence standards, useful for understanding how UFLPA and WRO regimes interact.