800 North Capitol Street NW

Washington, DC 20573

FEDERAL MARITIME COMMISSION

Competition and Integrity 

for America’s Ocean Supply Chain

Federal Maritime Commission

800 North Capitol St. NW

Washington, DC 20573

DATE: September 21, 2020

April 6, 2023

Mr. Pete Flores

Executive Assistant Commissioner

Office of Field Operations

U.S. Customs and Border Protection

1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20229

Ms. AnnMarie R. Highsmith

Executive Assistant Commissioner

Office of Trade

U.S. Customs and Border Protection

1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20229

Dear Mr. Flores and Ms. Highsmith:

I am writing to alert each of you to the potential unintended consequence of supply chain disruptions 

resulting from the enforcement of the Uyghur Forced Labor Protection Act (UFLPA). 

Over the past two years, I have led the Maritime Transportation Data Initiative that has focused on 

harmonizing data exchange on freight movement within the supply chain to achieve greater cargo 

fluidity. As part of my work, I convened 18 public meetings with over 80 supply chain experts, including 

the U.S. Customs and Border Protection (CBP). A large part of this initiative includes bringing private sector 

and public sector entities together to address complex and industry-sensitive operational issues.

I commend CBP for its work meeting its statutorily mandated responsibility of preventing products mined 

or produced, wholly or in part, with forced labor from entering the U.S. Using forced labor in the 

production of goods entering international trade is morally reprehensible and must be 

stopped. However, legitimate delays in ensuring compliance with UFLPA might create cargo back-ups at 

U.S. marine terminals leading to operational challenges and potentially congestion. The supply chain is 

only now beginning to recover from two years of pandemic-related disruption. Accordingly, I would urge 

you to consider the following proposals to help ensure the continued efficient and fluid movement of 

containerized cargo:
800 North Capitol Street NW

Washington, DC 20573

FEDERAL MARITIME COMMISSION

Competition and Integrity 

for America’s Ocean Supply Chain

1. CBP should consider implementing uniform procedures for securing and storing products 

detained under the UFLPA. Some CBP Field Operation Offices permit containers to be moved 

to a bonded warehouse and devanned, while other field offices require the containers to 

remain at the port, and still others instruct importers to move the containers to a Centralized 

Examination Station (CES) where they must remain intact. This lack of consistency is causing 

delays in the supply chain. Further, the potential use of marine terminals as inspection sites 

could cause delays and wider congestion-related loss. Harmonized procedures for handling 

products detained under the UFLPA would help expedite the review process.   

2. CBP should relocate detained products to either bonded warehouses or to CES facilities 

where products can be stored in climate-controlled environments with proper safety, 

security, and emergency response measures in place. CBP should also communicate 

expeditiously with the owners of the detained product to understand the commodity’s 

storage requirements.   

3. To facilitate harmonization, CBP should distribute guidance to port authorities, relevant 

transportation and security agencies, and importers on how future UFLPA-detained 

shipments will be handled. 

Implementing these measures would help reduce administrative costs to CBP, reduce detention costs to 

importers. Beyond preserving port-efficiency, implementing these measures would further CBP's efforts 

to enforce the UFLPA while also reducing administrative costs to the agency and detention costs to 

importers.

I sincerely appreciate everything CBP does to enhance our Nation’s security and your vital role in 

facilitating legitimate trade. I appreciate your attention to this important matter and look forward to your 

response. 

Respectfully,

__________________

Carl W. Bentzel 

Commissioner 

Federal Maritime Commission

cc:

Therese Randazzo 

Director, Forced Labor Division

U.S. Customs and Border Protection