Administrative sanctions Debt bondage Economic sanctions Forced labour
This section prohibits the importation into the US of products manufactured outside the US using convict or forced labour, or certain indentured labour.
The Courts have recognised that the policy reasons behind Section 307 are to protect US producers from unfair competition from foreign products made with forced labour. As a result, the Section is not intended to be used by consumers to prevent the importation of products made by forced labour for moral or ethical reasons (see McKinney v US Dept of Treasury, 799 F.2d 1544). Therefore, while regulations to the Act provide a mechanism for individuals to report information to Customs (see 19 C.F.R. §12.42(b), consumers cannot themselves bring claims under Section 307.
The provision also includes a “consumptive demand exception” on the enforcement of Section 307, that means it cannot be used to bar the importation of goods (e.g. cocoa) that are not produced domestically in sufficient quantities to meet the demands of US consumers.
19 U.S.C. § 1307. All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. The provisions of this section relating to goods, wares, articles, and merchandise mined, produced, or manufactured by forced labor or/and indentured labor, shall take effect on January 1, 1932; but in no case shall such provisions be applicable to goods, wares, articles, or merchandise so mined, produced, or manufactured which are not mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.
Law / United States / Tariff Act of 1930
An Act to provide revenue, to regulate commerce with foreign countries, to encourage the industries of the United States, and to protect American labor. This Act prohibits the importation of goods made outside the United States using forced labour.