Customs Expands CTPAT Preliminary Notifications

Jun, 2, 2023
By: Pietro N. Bianchi

On May 30, 2023, CBP announced that Customs Trade Partnership Against Terrorism (CTPAT) members’ Preliminary Notification of a Uyghur Forced Labor Prevention Act (UFLPA) Hold benefit would be expanded to include withhold release orders (WROs) and forced labor findings. CBP’s Preliminary Notification of a Hold will now provide CTPAT members with, to the best of CBP’s ability, "advanced notice of a possible hold, detention, exclusion, and/or seizure of merchandise after the entry is filed for cargo arriving in the United States" of WROs and forced labor findings (in addition to UFLPA).

The notification to CTPAT members is just that. The notification is not indicative of a final decision of forced labor and no information "beyond what is provided in the notification" will be given. The benefit of the notification is time, which as CBP highlights “may be used by the importer to prepare for a possible shipment hold, detention, exclusion, and/or seizure."

While UFLPA detentions may be more urgent, lifting a WRO or forced labor finding is extremely burdensome and the extra-time given to CTPAT members may be invaluable. Since becoming a CTPAT member will necessitate developing processes and acquiring information that would be helpful in the event of a WRO, forced labor finding, or UFLPA detention, becoming a CTPAT member is sometimes viewed as a good risk mitigation strategy.

If you have questions about CTPAT or forced labor and UFLPA processes do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.