March 21, 2022
FORCED LABOR ENFORCEMENT OF GOODS MADE IN XINJIANG, CHINA
The Uyghur Forced Labor Prevention Act (UFLPA), signed into law by President Biden on December 23, 2021, will ban the importation of all goods made in the Xinjiang Uyghur Autonomous Region (XUAR) in China beginning June 21, 2022. This new law includes a rebuttable presumption that the importation of goods, wares, articles, and merchandise are not entitled to entry into the United States.
Imports of goods from XUAR will be banned unless the importer proves the goods were not made using forced labor. Exceptions to the UFLPA presumption will be made on a case-by-case basis at the discretion of Customs and Border Protection (CBP). To prove that merchandise was not made using forced labor, the importer must prove the following:
1) The importer fully complied with guidance and regulations to be provided by CBP
2) The importer fully responded to all inquiries by CBP regarding the use of forced labor, and
3) The importer provided clear and convincing evidence that the merchandise was not made in whole or in part by using forced labor.
The U.S. Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force, (FLETF), sought comments from the public on how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are not imported into the United States. These agencies, along with the Secretary of Commerce and the Director of National Intelligence will work together to construct a plan for supporting enforcement of Section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307). You can read more about UFLPA here: Uyghur Forced Labor Prevention Act | U.S. Customs and Border Protection (cbp.gov)
In anticipation of the June 21, 2022 date of enforcement, CBP will be developing an implementation strategy and guidance for the trade community to ensure compliance with UFLPA.
CBP is urging importers to be proactive and closely review their supply chains to ensure any goods or materials are not sourced from the XUAR.
If you have any questions about this, or any trade matter please be sure to let us know.
Imports of goods from XUAR will be banned unless the importer proves the goods were not made using forced labor. Exceptions to the UFLPA presumption will be made on a case-by-case basis at the discretion of Customs and Border Protection (CBP). To prove that merchandise was not made using forced labor, the importer must prove the following:
1) The importer fully complied with guidance and regulations to be provided by CBP
2) The importer fully responded to all inquiries by CBP regarding the use of forced labor, and
3) The importer provided clear and convincing evidence that the merchandise was not made in whole or in part by using forced labor.
The U.S. Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force, (FLETF), sought comments from the public on how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are not imported into the United States. These agencies, along with the Secretary of Commerce and the Director of National Intelligence will work together to construct a plan for supporting enforcement of Section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307). You can read more about UFLPA here: Uyghur Forced Labor Prevention Act | U.S. Customs and Border Protection (cbp.gov)
In anticipation of the June 21, 2022 date of enforcement, CBP will be developing an implementation strategy and guidance for the trade community to ensure compliance with UFLPA.
CBP is urging importers to be proactive and closely review their supply chains to ensure any goods or materials are not sourced from the XUAR.
If you have any questions about this, or any trade matter please be sure to let us know.