Uyghur Forced Labor Prevention Act
The Uyghur Forced Labor Prevention Act (UFLPA) which was signed into law by President Biden on December 23, 2021, officially takes effect today June 21, 2022.
The Act 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 presumption applies unless the Commissioner of U.S. 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 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.
CBP has released importer guidance to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption. 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.
The U.S. Customs and Border Protection website offers numerous resources in addition to the importer guidance document to assist U.S. Importers in complying with the UFLPA.
The following additional resources are also available to ensure UFLPA understanding and compliance:
U.S. Customs and Border Protection welcomes questions on UFLPA Implementation at UFLPAINQUIRY@cbp.dhs.gov .