In a move that marks a change in the stance of U.S. Customs and Border Protection (CBP) towards the Taiwanese flagged fishing vessel Yu Long No. 2, the agency has ended a sanction that previously blocked the import of seafood harvested by the ship. The Withhold Release Order (WRO), which was enforced since May 2020, was lifted after CBP reviewed evidence indicating improvements in the conditions for workers on the vessel. This adjustment, effective immediately, means that seafood products from Yu Long No. 2 will be allowed entry to the U.S., provided they adhere to American legal standards.
According to a CBP press release, Senior Official Performing the Duties of the Commissioner Troy A. Miller expressed his views on the WRO modification, stating, "Today’s modification of the withhold release order against Yu Long No. 2 is another victory for human rights and a sign that CBP’s forced labor enforcement is working." He went on to affirm that the CBP will continue its endeavors to free every worker from forced labor conditions.
The original WRO against Yu Long No. 2 came into effect based on concrete evidence that strongly suggested the presence of forced labor practices, as outlined by various International Labour Organization indicators. However, following persistent enforcement action and oversight, significant changes were reported within the vessel's fishing operations, leading to the recension of the order. CBP's Office of Trade Executive Assistant Commissioner AnnMarie R. Highsmith, who has emphasized the importance of stringent trade laws enforcement, was quoted by CBP stating, "We believe that every worker should be treated with respect and dignity."
Title 19 U.S. Code § 1307 provides the legal grounding for detaining shipments suspected of being produced with forced labor, and it is under this provision that CBP acts when they receive substantiated leads. The procedure for requesting a WRO modification or its revocation is available, although the agency requires substantial proof of remediation of forced labor indicators prior to considering any changes. The agency, showing industry and the rest of the world their commitment to battling forced labor, whether it occurs on a factory floor or aboard a fishing vessel, hailed its efforts in not only improving conditions but also securing over $62 million in repayment of withheld wages and recruitment fees for affected workers, as reported by CBP.
