Forced Labor Import Guidance Released
U.S. Customs and Border Protection (CBP) has released importer guidance to assist the trade community in preparing for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) rebuttable presumption that goes into effect on June 21, 2022.
All goods made wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) or by entities identified by the U.S. government on the UFLPA Entity List are presumed to be made with forced labor and are prohibited from entry into the United States. The presumption also applies to goods made in or shipped through the People's Republic of China and other countries that include inputs made in Xinjiang.
CBP will notify importers when enforcement actions are taken on their shipments. Shipments may be detained, excluded, or seized.
If a shipment is detained, the importer may provide information to CBP to request an exception of the UFLPA rebuttable presumption. The evidence must prove the goods and inputs are sourced entirely outside Xinjiang and have no connection to the entities on the UFLPA Entity List. Importers may opt to export a detained shipment at any point before CBP makes an exclusion or seizure.
The importer guidance provides an extensive list of online resources and a listing of the type and nature of the information that CBP may require. It's important to note that the list is not exhaustive. Other sources may be required.
Importers providing information for an exception should provide, in English and well organized, information that clearly demonstrates the merchandise was not mined, produced, manufactured wholly or in part by forced labor.