In his last days in office, one of former President Donald Trump’s less-publicized final actions was a “ban” on all cotton products produced in China. The announcement was a denunciation of alleged human rights abuses committed by the Chinese Government committed against Uighur Muslims and other ethnic minorities.
Last summer, Grace Liu wrote about the human rights crisis occurring in the Xinjiang province of China.
“Human rights organizations including Amnesty International and Human Rights Watch have accused Beijing of mass imprisonment and torture, and a recent Foreign Policy report says that China’s actions against the Uighurs should be formally recognized by the United Nations as genocide.
“Satellite images depict prison-like camps with watch towers and barbed wire fences. Within these walls, Uighurs face forced political indoctrination and are subject to food deprivation, solitary confinement, forced medication, sexual assault, beatings, and torture, according to a 2018 report by the UN Committee on Elimination of Racial Discrimination and 2018 Amnesty International report.”
“Uighurs held in the detention camps also serve as a source of forced labor in dozens of factories with inhumane conditions. Xinjiang produces 84 percent of China’s cotton and contributes significantly to the nation’s yarn and textile production. With 33 percent of U.S. apparel being imported from China, it is highly likely that the supply chains of many of our major brands involve Uighur forced labor. In fact, companies like Walmart, Kmart, Uniqlo, and Muji have already been linked to Xinjiang factories.”
Since Grace wrote this article in July, little has changed– forced labor continues in Xinjiang.
In the final days of the Trump administration, the White House took action to stop cotton imports from the Xinjiang region of China. Will this improve the lives of tens of thousands of Uighurs held in massive internment camps? Or was it simply the final strike of the Trump administration at one of its favorite foes?
How Does the Withhold Release Order on China’s Cotton Work?
On Wednesday, Jan. 13, U.S. Customs and Border Protection (CBP) instituted a withhold release order on all cotton and tomato imports from Xinjiang province. A withhold release order (WRO) prevents imported goods from being released into the United States. A WRO does not ban products from being imported, as many news outlets reported that the Trump administration had done. In response to a WRO, an importer can choose to re-export the goods or can attempt to show that the goods were not made with forced labor.
According to a media release, CBP “will detain cotton products and tomato products produced in China’s Xinjiang Uyghur Autonomous Region.” The move was consistent with the Trump administration’s previous criticisms of China’s use of forced labor.
To be clear, the importation of products made with forced labor is banned under Section 307 of the Tariff Act of 1930. But this law has been ineffective in ending the importation of goods made with forced labor in China, or really anywhere.
A recent Lawfare article describes the limitations of a WRO. This tool can be effective in stopping the importation of goods made with forced labor in the final steps of the supply chain. However, when forced labor is used deeper in the supply chain– such as cotton produced by Uighurs– a WRO is not effective. It cannot be used to investigate the components of imported goods. Furthermore, it is incorrect to assume that all Chinese textiles made with cotton were produced in Xinjiang.
Simply put, the Trump Administration’s “ban” on cotton from China isn’t actually a ban– and it doesn’t get at the root of the problem.
What is Congress’ Role in Eradicating Forced Labor in Cotton Supply Chains?
Last March, the Uyghur Forced Labor Prevention Act (UFLPA) was introduced in the United States Congress. This act, if passed by Congress and signed into law, would effectively presume that all goods manufactured in China were made with forced labor, and would require CBP to determine that the goods were not created with any kind of forced labor in order to be imported.
The act was reintroduced by a bipartisan group of Senators on Jan. 27 and was referred to the Committee on Foreign Relations. This act would give CBP several tools to stop the import of goods presumably made with forced labor, but it wouldn’t get at the core difficulties of investigating opaque and complicated supply chains.
For example, cotton grown in China may be exported to Bangladesh, where it may then be made into a shirt and exported to the US. Cotton from the US may be exported to China and manufactured there. Neither the former President’s WRO nor the current Congress’ forced labor act can account for the intricacies of these international supply chains.
Perhaps most importantly, the current government action doesn’t address the human rights violations beyond forced labor.
The Larger Humanitarian Crisis in Xinjiang, China
As Grace wrote last July, forced labor is just one element of the human rights crisis occurring in Xinjiang. Torture, food deprivation and forced sterilization are just a few of the alleged crimes committed against Uighur Muslims and other minority groups in Xinjiang. What is the US government doing to combat these human rights violations?
The State Department declared that the Chinese Government is committing genocide and crimes against humanity on Jan. 19. Last week, President Biden called Chinese President Xi and criticized the government’s treatment of Uighur Muslims.
Resolutions have also been introduced in the House and in the Senate to urge the International Olympic Committee to rebid the 2022 Beijing Olympics to a different country due to the human rights abuses of the Chinese government.
Learn More About Forced Labor in Supply Chains
The Lawfare article mentioned above explains how importation laws can and cannot be used to eradicate forced labor in supply chains. If you want to learn more about the role of international trade laws in eradicating forced labor, that is a great place to start.
BBC News has an extended article describing the situation in Xinjiang. Read “China’s hidden camps.”
The humanitarian crisis in Xinjiang is ongoing. Ask your representatives and senators to take action.
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