The US Customs and Border Protection (CBP) has lifted its ban on Indian garment exporter Natchi Apparel Pvt Ltd.
The decision: The CBP on Wednesday lifted the Withhold Release Order (WRO) after a non-governmental organisation, Natchi's parent company Eastman Exports, and Natchi Apparel provided evidence addressing all five of the International Labour Organization’s (ILO) indicators of forced labour identified by the WRO.
- The lifting of the ban is effectively immediately, and Natchi Apparel's shipments would now be allowed to enter the US. Shipments that were previously detained will also be released. This WRO modification takes place a month after CBP issued the order on 29 July 2022
The CBP Standpoint: This collaboration plays a critical role in ensuring that imports entering the United States are free of forced labor and meet the humane and ethical standards required by US customs and trade laws. It improves American economic security while upholding human rights for workers.
What they said:
Every day, our department leads the fight to root out forced labour from American supply chains. Combating these inhumane practices is a moral and economic imperative, and a challenge we must confront with a whole-of-society approach. This modification not only reflects the critical role of CBP, but it is also a testament to the important advancements made by trade unions, worker rights organisations, and workers themselves who are bravely organising to improve their working conditions.
— Alejandro N Mayorkas
Secretary of Homeland Security
United States
Forced labour directly threatens America’s economic security, and therefore national security. This modification recognizes that workers at Natchi Apparel Pvt Ltd are now treated with the dignity and humanity they, and workers around the world, deserve, which means greater security for American businesses and consumers.
— Chris Magnus
Commissioner
US Customs and Border Protection
The Legal Context: Federal statute 19 USC 1307 prohibits the importation of merchandise produced wholly or in part by convict labour, forced labour, and/or indentured labour, including forced or indentured child labour.
- CBP detains shipments of goods suspected of being imported in violation of this statute.
- Importers of detained shipments must export their shipments or demonstrate that the merchandise was not produced with forced labour.
The Background: On 5 January 2021, Jeyasre Kathiravel, a 20-year-old worker at H&M supplier Natchi Apparels in Tamil Nadu was found dead after allegedly being raped and murdered by her supervisor at the factory. Seven workers at the factory testified that the victim had been sexually harassed by the supervisor in the factory several times in the months leading up to her death.
- On 1 April 2022, Eastman Exports, the Tamil Nadu Textile and Common Labour Union, the Asia Floor Wage Alliance and the Global Labor Justice - International Labor Rights Forum, along with the H&M Group jointly announced the Dindigul Agreement to Eliminate Gender-Based Violence and Harassment (GBVH).
- They signed a set of agreements which jointly committed to work together from their supply chain role to eradicate discrimination based on gender, caste or migration status; to increase transparency; and to develop a culture of mutual respect in the garment factory setting.
