U.S. Customs to Further Enforce Uyghur Forced Labor Prevention Act (UFLPA)

On December 23, 2021, the U.S. Government established the Uyghur Forced Labor Prevention Act (UFLPA). The Act establishes a presumption that the import of any product mined, produced or manufactured wholly or in part within China’s Xinjiang Uyghur Autonomous Region, or produced by specific entities, was made using forced labor and is prohibited from entering the United States. 

As of June 21, 2022, this presumption will guide U.S. Customs and Border Protection (CBP) enforcement of applicable imports into the U.S. As requested, or demonstrated, importers will need to provide CBP with clear and convincing evidence that articles or inputs from this region were produced without the use of forced labor. Otherwise, CBP may deny entry of the cargo into the U.S. 

CBP has issued known importer letters to parties who are believed to have previously imported products from this region, encouraging them to address any forced labor concerns within their supply chains. 

Importers are expected to review their supply chains carefully and ensure demonstrable measures are in place to make sure imported products are not produced, wholly or in part, with convict labor, forced labor and/or indentured labor (including forced or indentured child labor). 

A UFLPA webpage and inbox are available to communicate UFLPA implementation updates and manage inquiries with the trade community ahead of this implementation. 

Importers reviewing their supply chains for forced labor concerns should note CBP’s Withhold Release Orders and Findings List for additional support and reference. 

 

Please contact our U.S. Customs Advisory Services Group or your local Delmar Representative for additional information and assistance.