On February 3, 2023, U.S. Customs and Border Patrol (CBP) issued a determination in the Federal Register providing notice that it has determined that palm oil and various derivatives thereof “are no longer being mined, produced, or manufactured wholly or in part with the use of convict, forced, or indentured labor by the Sime Darby Plantation, its subsidiaries, and joint ventures.”
CBP issued its original Notice of Finding against Sime Darby Plantation (Sime Darby) on January 28, 2022, which immediately subjected such covered merchandise imported into the United States to seizure by port directors and possible forfeiture. See Update of January 27, 2022. The January 2022 finding came after CBP had, in December 2020, issued a Withhold Release Order (WRO) against such palm oil products made by or traceable to Sime Darby. In announcing that it was lifting the January 2022 Finding, CBP stated that, “Since that time, the Sime Darby Plantation has provided additional information to CBP, which CBP believes establishes by satisfactory evidence that the subject palm oil and derivative products are no longer mined, produced, or manufactured in any part with forced labor.”
This determination takes effect on February 3, 2023, and allows shipments containing Sime Darby-produced palm oil and derivatives to enter U.S. commerce, provided the imports are otherwise in compliance with U.S. law.