UPDATE: CBP Issue guidance document prior to implementation of UFLPA 

Customs and Border Protection has released a guidance document to assist the trade with preparing for the implementation of the Uyghur Forced Labor Prevention Act rebuttable presumption which will become effective June 21, 2022.

The rebuttable presumption is that the merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or produced by certain entities on the Forced Labor Enforcement Task Force (FLETF) Entity List, is prohibited from entry into the US in accordance with Section 307 of the 1930 Tariff Act.

The presumption applies unless the Customs 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, ware, articles, or merchandise were not produced using forced labor.

Highlights:

• Effective for goods imported on or after June 21, 2022 (not entered)
• If goods were under a WRO (withhold release order; such as cotton, tomatoes, XPCC goods) they will not be under the UFLPA.  The big difference between the two being that the WRO gives three months to get the information to CBP while the UFLPA gives the importer 30 days.
• Importers can basically give the information to CBP to have additional shipments identical to shipments that have been reviewed previously and determinated to be admissible to speed up the release of said identical shipments.
• Seizure is a possibility.
• Scope decisions are different from UFLPA exception requests.
• May have some benefits to CTPAT participants

In addition to the guidance document, CBP recommends the trade should check the UFLPA webpage for the latest and greatest information.  Inquiries can be sent to uflpainquiry@cbp.dhs.gov.

Crane Trade Services can assist you with questions regarding this matter.  For assistance please contact CWTSConsulting@craneww.com.

REMINDER:  Scheduled implementation date is June 21st, 2022

Importers should review the UFLPA website for guidance on complying with this ACT.

Uyghur forced Labor Prevention Act Passed into Law.

As per CSMS #51410367, the UFLPA was signed into law by President Biden on December 23, 2021.  This law is a rebuttable presumption that the importation of any goods, ware, 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, is prohibited by Section 307 of the Tariff Act of 1930 and as such, those goods , wares, articles, and merchandise are not entitied to entry to the US.  The presumption applies unless the importer of record has provided the Commissioner of U S Customs and Border Protection with specificed conditions and clear and convincing evidence, that the goods, wares, articles or merchandise were not produced using forced labor.

Customs has launched a new UFLPA webpage and email address to provide the latest information to the trade community, helping to disseminate FLPA implementation updates and manage inquiries ahead of the implementation date of June 21, 2022.

The webpage address is: https://www.cbp.gov/trade/forced-labor/UFLPA

The email address is: UFLPAInquiry@cbp.dhs.gov

Crane Trade Services can assist you with questions regarding this matter.  For assistance please contact CWTSConsulting@craneww.com.

UPDATE: January 2022

Comment Period for UFLPA Opens on January 24 (Uyghur Forced Labor Prevention Act)

The public comment period has opened January 24, 2022 on how best to ensure that goods, wares,articles and merchandise mined, produced, or manufactued wholly or in part with forced labor in China are not imported into the United States. The comment period will end March 10, 2022.  
For a list of questions contained in the Federal Register notice issued January 24, 2022 please follow the below link here

Crane Trade Services can assist you with questions regarding this matter.  For assistance please contact CWTSConsulting@craneww.com.

UPDATE 21st December 2021

The Senate voted on December 16 to ban imports from China’s Xinjiang Province under The Uygur Forced Labor Prevention Act that are in any way connected to forced labor.

Companies that source from this area will have the burden of proof to ensure that their supply chain does not involve or use forced labor. Xinjiang is known for its agricultural production such as tomatoes and cotton, as well as its booming industrial sector (specific to mining operations). For information on making determinations on how this affects your supply chain, please contact CWTSConsulting@craneww.com. 

For more information, please visit: https://www.usnews.com/news/business/articles/2021-12-16/us-imposes-sanctions-against-china-over-abuse-of-uyghurs. 

UPDATE 15th October, 2020

Certain imports blocked from Xinjiang Region

U. S. Customs and Border Protection issued orders on Monday, September 14, 2020, that will block certain imports from the Xinjiang region of China from entering the US due to allegations of forced labor involved in their production.

The bans will block goods such as cotton, computer parts, hair products, and apparel made by certain Chinese products in Xinjiang suspected of using forced labor.
The order also bans all products produced in the Lop County No. 4 Vocational Skills Education and Training Center.

The specific products banned are as follows: Hair products made in the Lop County Hair Product Industrial Park, apparel produced by Yili Zhouwan Garment Manufacturing Co Ltd, and Baoding LYSZD Trade and Business Co, LTD, cotton produced by Xinjiang Junggar Cotton and Linen Co and computer parts produced by Hefei Bitland Information Technology Co. 

While the order does not initiate a region-wide ban on goods, a regional withhold release order is still being considered.
Please see the below link the complete article here

Crane Trade Services can assist you with understanding if these new requirements apply to your products.  For assistance please contact CWTSConsulting@craneww.com.