How can I avoid WRO detentions?

Map your supply chain to identify forced labor risks, obtain supply chain tracing documentation from suppliers, and avoid sourcing from entities or regions subject to active WROs. CBP publishes a list of active WROs.

What documentation can secure release from a WRO?

Detailed supply chain documentation including production records, worker contracts, factory audits, and traceability from raw material to finished product. The burden of proof is on the importer.

Compliance

What is Withhold Release Order?

A CBP directive that detains imports suspected of being produced with forced labor, per 19 U.S.C. section 1307. In the context of U.S. customs and tariff recovery, understanding withhold release order is essential for navigating the CAPE refund process and ensuring accurate duty assessment.

Definition

A Withhold Release Order (WRO) is a CBP enforcement action that detains imported goods at the port of entry based on a reasonable suspicion that they were produced, wholly or in part, with forced labor, in violation of 19 U.S.C. section 1307. CBP's Office of Trade has significantly expanded the use of WROs in recent years, targeting industries and regions with documented forced labor risks (particularly Xinjiang, China). When a WRO is issued, all imports of the specified merchandise from the named entity or region are detained. The importer can either: (1) provide evidence that the goods were not produced with forced labor (to secure release), (2) export the goods, or (3) have the goods seized after 90 days.

How Withhold Release Order Relates to Tariff Refunds

WROs are an enforcement mechanism unrelated to tariff rates or CAPE refunds. However, goods detained under a WRO cannot complete the entry process until the detention is resolved, potentially delaying liquidation and CAPE eligibility for affected entries.

Example

CBP issues a WRO against cotton products from Xinjiang based on forced labor findings. A shipment of cotton textiles from a factory in the region is detained at the Port of Long Beach. The importer must provide supply chain documentation proving the goods are not produced with forced labor to secure release.

Frequently Asked Questions

How can I avoid WRO detentions?: Map your supply chain to identify forced labor risks, obtain supply chain tracing documentation from suppliers, and avoid sourcing from entities or regions subject to active WROs. CBP publishes a list of active WROs.
What documentation can secure release from a WRO?: Detailed supply chain documentation including production records, worker contracts, factory audits, and traceability from raw material to finished product. The burden of proof is on the importer.

Legal References

19 U.S.C. § 1307 — Prohibition on Forced Labor Imports
Uyghur Forced Labor Prevention Act (2021)

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