CBP issues guidance on forced labor act

U.S. Customs and Border Protection (CBP) issued importer guidance regarding the Uyghur Forced Labor Prevention Act (UFLPA), which went into effect on June 21, 2022, and established a presumption that the importation of any article mined, produced, or manufactured wholly or in part in China’s Xinjiang Uyghur Autonomous Region, or produced by certain entities, were produced using forced labor, and prohibited entry into the United States.

The guidance provides details on CBP’s operation approach, including the issuance of detention, exclusion, and seizure notices, along with options for additional administrative processes.  CBP says they will try to prioritize the requests of Customs Trade Partnership Against Terrorism (CTPAT) members in good standing. 

Importers may request an exception to the rebuttable presumption from CBP during a detention, after an exclusion, or during the seizure process. 

Importers must prove to CBP that the goods were not produced using forced labor, using clear and convincing evidence, including their supply chain due diligence, tracing, and management. A list of resources is included.

Please see our previous Trade News Article Forced Labor Presumption on Imports from China’s Xinjiang Uyghur Region

Questions regarding forced labor and the UFLPA may be directed to CBP at UFLPAINQUIRY@cbp.dhs.gov, or you may contact your Livingston account manager.