This elevated standard will require the importer to not only use due diligence in evaluation of its supply chain, but also to respond completely and substantively to CBP requests for information regarding entries it may review.Īs your company has previously imported merchandise sourced from locations or entities potentially subject to the Act, you are being notified that any future entries of such merchandise may be subject to CBP enforcement action, including seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. The Act requires CBP to apply the rebuttable presumption unless the importer can overcome the presumption of forced labor by establishing, by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor. §1307) are not entitled to entry at any of the ports of the United States. §6901 note, established a rebuttable presumption that any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the People’s Republic of China or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. Have questions about the Uyghur Forced Labor Prevention Act Strategy?Ĭheck the below Frequently Asked Questions to see if your questions about the Uyghur Forced Labor Prevention Act, or UFLPA, may be answered here.įrequently Asked Questions UFLPA Public Service AnnouncementĪs you are likely aware, Congress recently passed, and the President signed into law, the Uyghur Forced Labor Prevention Act (“the Act”). Please be aware that this is CBP’s importer guidance, which provides transparency to CBP’s operational approach, and not the Forced Labor Enforcement Task Force’s Strategy, which will provide additional importer guidance, required by the UFLPA. Now Available: CBP's Operational Guidance for ImportersĬBP has released importer guidance to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption that goes into effect on June 21, 2022.
The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBP’s enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the People’s Republic of China. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor. The presumption applies unless the Commissioner of U.S. It establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021.