Just days to go before Uyghur Forced Labor Prevention Act comes into force

US Customs and Border Protection (‘CBP’) has published guidance in anticipation of the coming into force of the Uyghur Forced Labor Prevention Act, (‘UFLPA’) on 21 June.

CBP notes that after the introduction, there will be under US law, 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 an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) of the Act, 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.’

 CBP says that in advance of 21 June, it will be ‘issuing letters to importers identified as having previously imported merchandise that may be subject to the Act to encourage those importers to address any forced labor issues in their supply chains in a timely manner.’

CBP warns, ‘If you do not receive a letter from CBP, this does not mean that your supply chain is free of forced labor. All importers are expected to review their supply chains thoroughly and institute reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor).’

See the guidance at: https://www.cbp.gov/sites/default/files/assets/documents/2022-Jun/CBP_Guidance_for_Importers_for_UFLPA_13_June_2022.pdf

See the Act at: https://www.congress.gov/bill/117th-congress/house-bill/1155/text