Importing from the Xinjiang Uyghur Autonomous Region in China?

On June 21, 2022 all goods imported from the Xinjiang Uyghur Autonomous Region (XUAR) in China will be subject to detention upon entry into the U.S. 

The new Uyghur Forced Labor Prevention Act (UFLPA),  allows U.S. Customs (CBP) to make the presumption that all goods originating in the XUAR are made with forced labor. 

The burden is on the importer to provide proof, that no forced labor was used anywhere in the products’ supply chain.

In a recent webinar on the topic, CBP has committed to posting the following resources to the  CBP UFLPA Web Page by June 21 to help importers navigate UFLPA.

• List of Known Entities producing products with forced labor
• Strategy Guidance containing information on due diligence

Here’s what you need to know:

1. UFLPA will require a higher standard of evidence than normally required for a Withhold Release Order (WRO). The Strategy Guidance will contain info on due diligence, providing clear and convincing evidence that no forced labor was used in the production of the good. To gain an understanding of what ‘clear and convincing’ evidence may look like, review the customs binding ruling HQ H317249.
2.  If an importer can not produce sufficient evidence, they will be allowed to export the shipment.
3. Evidence should be provided in an ‘easy-to-follow’ manner, and in English to facilitate the review process.
4. Exceptions made will be conveyed to U.S. Congress within 30 days and are subject to public disclosure.

UPCOMING WEBINAR: U.S. Customs will host a webinar on June 16, 2-3 pm EDT,registration is required.