CBP modifies Withhold Release Order on Brightway Group in Malaysia

Agency will no longer detain Brightway Group disposable gloves

WASHINGTON - U.S. Customs and Border Protection (CBP) modified the Withhold Release Order (WRO) issued on December 20, 2021 against disposable gloves produced by Brightway Holdings Sdn. Bhd., Laglove (M) Sdn., and Biopro (M) Sdn. Bhd. (collectively, Brightway Group) in Malaysia. Effective immediately, the U.S. will allow disposable gloves produced by the Brightway Group to enter the U.S. provided they are otherwise compliant with U.S. laws. As of September XX, 2024, the U.S. will no longer detain disposable gloves produced by the Brightway Group at U.S. ports of entry.

"Facilitation of legitimate trade is just as important as CBP's enforcement against illegal trade practices," said CBP's Senior Official Performing Duties of the Commissioner Troy A. Miller. "When companies can document compliance with U.S. trade laws, forced labor or otherwise, they'll have access to the U.S. market. It's that simple."

"CBP's efforts are making a real impact toward eliminating forced labor from U.S. supply chains." said AnnMarie R. Highsmith, Executive Assistant Commissioner of CBP's Office of Trade. "Industry has noticed CBP's strong, consistent enforcement stance and businesses are changing their behaviors. Many are proactively implementing due diligence into their supply chains using the many resources CBP has made available."

On December 20, 2021, CBP issued a WRO against imported disposable gloves produced using forced labor, wholly or in part, by Brightway Group. CBP issued the WRO based on evidence reasonably indicating that the working conditions at Brightway Group exposed workers to 10 of the 11 International Labour Organization forced labor indicators.

Since the implementation of the WRO, Brightway Group has taken actions to fully remediate the forced labor indicators within its manufacturing process.

Title 19 U.S.C. § 1307 prohibits the importation of "[a]ll 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, including forced or indentured child labor[.]" When CBP has information reasonably indicating that imported goods are made by forced labor, the agency will order personnel at U.S. ports of entry to detain shipments of those goods. Such shipments will be excluded and subject to seizure and forfeiture if the importer fails to demonstrate proof of admissibility, in accordance with 19 CFR § 12.43, or, alternatively, exports the shipment.

CBP has established a process through which interested parties may request the modification or revocation of a WRO or Finding. The required evidence and timeline for modification or revocation may vary depending upon the specific circumstances of each case. CBP does not modify WROs or Findings until the agency has evidence demonstrating that the producer of subject merchandise no longer produces, manufactures, or mines the subject goods using forced labor.

Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States, can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT."

Follow CBP Office of Trade on X @CBPTradeGov.

U.S. Customs and Border Protection (CBP) is America's frontline: the nation's largest law enforcement organization and the world's first unified border management agency. The 65,000+ men and women of CBP protect America on the ground, in the air, and on the seas. We facilitate safe, lawful travel and trade and ensure our country's economic prosperity. We enhance the nation's security through innovation, intelligence, collaboration, and trust.