Forced Labor Presumption on Imports from China’s Xinjiang Uyghur Region

The Uyghur Forced Labor Prevention Act (UFLPA), signed into law by President Biden on December 23, 2021, establishes 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 thus are prohibited from entry into the United States.

On June 21, 2022, the above presumption will apply, unless U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions supplying clear and convincing evidence that the articles were not produced using forced labor.

In preparation, CBP has begun issuing ‘known importer letters’ to importers previously identified as having possibly imported merchandise produced using forced labor, to encourage those importers to address any forced labor issues in their supply chains.

All importers, whether or not they receive a ‘known importer letter’, 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).

In addition, CBP has launched a UFLPA webpage and inbox to help disseminate UFLPA implementation updates and manage inquiries ahead of implementation on June 21, 2022.

When reviewing your supply chains due to forced labor concerns, you may find it  helpful to review CBP’s Withhold Release Orders and Findings List.

For questions regarding the forced labor and the UFLPA, please contact your Livingston account manager.