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Monday Morning eBriefing

CBP Makes Uyghur Forced Labor Prevention Act Importer Guidance Available

Jun 20, 2022 by Sarah Geiger
Customs and Border Protection (CBP) released guidance to assist the trade with preparing for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) rebuttable presumption that will take effect June 21. 

The agency said the trade should be aware that the guidance document is “intended to provide operational guidance to trade stakeholders and complements the UFLPA strategy guidance.” Importers must comply with the importer guidance within UFLPA strategy. UFLPA, Section 3(b). 

UFLPA was signed into law by President Biden on Dec. 23, 2021.
 
UFLPA 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 of China, or produced by certain entities on the Forced Labor Enforcement Task Force (FLETF) Entity List, is prohibited by Section 307 of the 1930 Tariff Act and that such goods, wares, articles, and merchandise are not entitled to entry to the U.S. The presumption applies unless the CBP Commissioner 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.

Here are some important highlights:

  • Effective for goods imported on or after June 21 (not entered).
  • If goods were under WRO before (cotton, tomatoes, XPCC goods) they will now be under UFLPA – big difference is WRO gives three months to get information to CBP, while UFLPA gives 30 days (detention process governed by 1499).
  • Importers can basically give information to CBP to have additional shipments identical to shipments that have been reviewed previously and determined to be admissible to speed up release of the identical shipments.
  • Seizure is possible.
  • Scope decisions are different from UFLPA exception requests.
  • May have some benefits to CTPAT companies.

In addition to the guidance, CBP said the trade should “frequently check” the agency’s UFLPA webpage for the latest information on the UFLPA and send inquiries to uflpainquiry@cbp.dhs.gov