The United States Customs and Border Protection (CBP) has announced a procedure for importers or their authorized representatives to request the movement of their detained cargo to a customs bonded warehouse. This process is governed by the provisions of 19 U.S.C. 1307, which covers scenarios involving Withhold Release Orders, the Uyghur Forced Labor Prevention Act, and the Countering America’s Adversaries Through Sanctions Act. This arrangement allows for secure storage of the cargo while pending resolution either by the CBP or the importer.
The decision regarding the approval or rejection of such a request lies with the respective CBP Port Director at the port where the cargo is being held. Their determination will be based on the specific circumstances prevailing at that particular port. Should the request receive approval, the importer or their authorized filers will be permitted, where suitable, to modify the entry type. For instance, a change can be made from a formal entry (e.g., Entry Type 01) to an entry categorized for bonded warehouse storage (Entry Type 21). Conversely, if the Port Director declines the request, the original entry configuration should remain unaffected, as stated by CBP.
It’s important to note that CBP has explicitly outlined that detained goods suspected of being produced through forced labor cannot be transferred into a Foreign Trade Zone for storage.
For inquiries regarding the submission process for moving cargo, please reach out to the relevant detaining port of entry. For matters pertaining to foreign trade zones, you can contact the Foreign Trade Zone Program at [email protected]. If you have any questions related to the provided guidelines, the CBP’s Forced Labor Division can be contacted at [email protected].
