The U.S. Department of Labor (DOL) has opened two dockets seeking public comment and information related to child and forced labor present in global supply chains.
Both dockets (DOL-2024-0004 & DOL-2024-0005) concern DOL’s significantly expanded list of goods believed to be produced with child or forced labor in violation of international standards, and associated countries of origin (TVPRA List). These dockets also cover an additional list of goods for which DOL finds reasonable cause to believe that forced or indentured child labor were involved in production (E.O. 13126 List). DOL requests input on whether goods or products should be added to or removed from either list.
The first docket also includes a broader request for public input on recent reports from the Bureau of International Labor Affairs (ILAB) concerning child and forced labor in foreign countries and invites feedback on the Comply Chain: Business Tools for Labor Compliance in Global Supply Chains. Such information will help the DOL continue its critical reporting efforts, meet Congressional and Presidential mandates, and improve collaboration between governments and the private sector to combat child and forced labor in global supply chains.
Comments in response to each request are due by December 16, 2024, and can be submitted electronically via the docket links above.
2024 List of Goods Produced by Child Labor or Forced Labor (TVPRA List)
On September 5, 2024, the ILAB published its 2024 List of Goods Produced by Child Labor or Forced Labor, covering 204 goods from 82 countries for which ILAB concluded these forms of exploitation are most prevalent. Agricultural products are the most numerous, followed by manufacturing and mining products.
Seventy-two items were newly added to the 2024 TVPRA List, which indicates that major U.S. trading partners, including the People’s Republic of China (China), Mexico, and Vietnam, continue to produce goods under conditions of forced and/or child labor. China’s textiles, aluminum, and electronics industries are highlighted as relying on such labor. Mexico is cited for using child labor in sugarcane production and forced labor in tomato farming. In Vietnam, child labor is prevalent in the fishing industry, while forced labor is associated with garment production. Four items were removed from the 2024 edition of the TVPRA List: blueberries from Argentina, salt from Cambodia, fluorspar from Mongolia, and shrimp from Thailand.
DOL welcomes public comment on whether any other goods or products should be included or removed from the next edition of the TVPRA List.
List of Products Produced by Forced or Indentured Child Labor (E.O. 13126 List)
To ensure the U.S. government does not purchase goods made with forced or indentured child labor, the ILAB maintains the List of Products Produced by Forced or Indentured Child Labor. Federal contractors who provide goods on this list must certify that they have made good-faith efforts to ensure their products are free from such labor.
The 2024 List includes a wide array of goods: bricks, cotton, electronics, and toys from China; various ores, such tin, tantalum, gold, and tungsten, from the Democratic Republic of the Congo; cottonseed, garments, rice, and stones from India; and garments from Thailand.
The DOL welcomes public comment on whether any other goods or products should be included or removed from the E.O. 13126 List, and has specifically identified shrimp from India and gold used to produce downstream goods in the United Arab Emirates as products of interest.
2023 Findings on the Worst Forms of Child Labor
Accompanying these updated lists, the DOL also released the 2023 Findings on the Worst Forms of Child Labor (TDA Report), a comprehensive evaluation of 131 countries’ progress in eliminating child labor. These countries are categorized based on their advancements, which range from significant to none at all. For a nation to be included in this assessment, it must meet certain criteria related to legislation, enforcement, and social programs aimed at addressing child labor.
In 2023, the report found that six countries, including Argentina and Mexico, made “significant” advances. Sixty-four countries, such as India, Indonesia, the Philippines, and Thailand, made “moderate” progress. However, 47 countries showed minimal improvement, and 13 made no evident progress at all.
According to the DOL, a staggering 160 million children, aged five to seventeen, are currently engaged in child labor worldwide, with 79 million involved in hazardous work. Sub-Saharan Africa accounts for the largest share, with 54% of these children, followed by Central and Southern Asia (16.5%), Eastern and South-Eastern Asia (15.3%), Northern Africa and Western Asia (6.3%), Latin America and the Caribbean (5.1%), and Europe and North America (2.4%). The DOL has requested comments and information relevant to updating findings about, recommending actions for, and gauging advancement by countries reviewed in the TDA Report.
Comply Chain: Business Tools for Labor Compliance in Global Supply Chains
To address the complex issue of forced labor in supply chains, the DOL developed the Comply Chain tool. This comprehensive resource guides businesses in implementing or improving social compliance systems to prevent forced or child labor by engaging stakeholders and assessing risks to developing codes of conduct, training, monitoring compliance, remediating violations, and reporting performance.
Designed for companies of all sizes, Comply Chain encourages proactive measures, helping businesses safeguard their supply chains from labor exploitation. To enhance this tool and better understand what approaches can reduce the likelihood of child and forced labor in the production of goods, DOL is seeking information on effective practices within businesses and associations, public-private partnerships undertaken by other governments, and relevant third-party reports.
Supply Chain Implications
The findings of DOL’s reports confirm that forced and child labor continue to permeate industries around the world and are not confined to specific regions or commodities targeted by U.S. Customs and Border Protection’s Withhold Release Orders (WROs). The Trade Act of 1930 prohibits goods made with forced labor from entering the United States, making it essential for importers to have a thorough understanding of their supply chains from raw materials to finished products.
If you have questions or need assistance with supply chain mapping, CLK’s Customs and Compliance team is ready to help ensure your business remains compliant with U.S. regulations. CLK is also able to assist parties interested in commenting on either of DOL’s open comment dockets.