CSMS #52167923 – CBP’s Uyghur Forced Labor Prevention Act Importer Guidance Available

Following up to our News Alert on May 24th, CBP has released guidance to help the trade prepare for the upcoming Uyghur Forced Labor Prevention Act (UFLPA) that, presumably, will take effect on June 21st. UFLPA was signed into law by President Biden on December 23, 2021.

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 on the Forced Labor Enforcement Task Force (FLETF) Entity List, 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 fully complied with the FLETF-issued importer guidance, responded to all inquiries, and determines by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor.

CBP has released https://www.cbp.gov/document/guidance/uflpa-operational-guidance-importers to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption that goes into effect on June 21, 2022.  Please be aware that this CBP guidance document is intended to provide operational guidance to trade stakeholders and complements the UFLPA strategy guidance.  Importer must comply with the importer guidance within UFLPA strategy. UFLPA, Section 3(b).

In addition to the guidance, CBP said the trade should “frequently check” the agency’s https://www.cbp.gov/trade/forced-labor/UFLPA for the latest information on the UFLPA and send inquiries to  uflpainquiry@cbp.dhs.gov