CBP’s Uyghur Forced Labor Prevention Act Importer Guidance Available
The Uyghur Forced Labor Prevention Act (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 importer guidance, found here, 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 is CBP’s importer guidance, which provides transparency to CBP’s operational approach, and not the FLETF Strategy, which will provide additional importer guidance, required by the UFLPA.
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