Forced Labor Update: CBP Releases Guidance Document For Importers

On June 13, 2022 CBP issued an Operational Guidance Document for Importers relating to the Uyghur Forced Labor Prevention Act which applies to merchandise imported on or after June 21, 2022. According to the document, “Enforcement of the UFLPA and application of the rebuttable presumption will apply to merchandise imported on or after June 21, 2022. CBP will exercise its authority under the customs laws to detain, exclude, and/or seize and forfeit shipments that are within the scope of the UFLPA. The UFLPA requires CBP to presume that goods manufactured wholly or in part in the Xinjiang region of China or made by entities on the UFLPA Entity List violate 19 U.S.C. § 1307, but does not require CBP to issue Withhold Release Orders and Findings pursuant to the regulations promulgated under 19 U.S.C. § 1307. This CBP guidance document describes the UFLPA enforcement process and complements the UFLPA Strategy by providing importers with information about the documentation to present to CBP to rebut the presumption contained in Section 3 of the UFLPA. Shipments imported prior to June 21, 2022 will be adjudicated through the WRO/Findings process. Shipments imported on or after June 21, 2022 that are subject to the UFLPA, which previously would have been subject to a XUAR WRO, will be processed under UFLPA procedures, and detained, excluded, or seized.”

The full 17 page document can be found here. We encourage all importers to read this document thoroughly, as it contains a great deal of information and outlines the type and nature of information that may be required by CBP, as well as due diligence efforts importers should take. It also goes into detail about supply chain tracing information and the types of evidence pertinent to the overall supply chain, merchandise or any component thereof, and evidence pertaining to the miner, producer, or manufacturer.

Please contact your V. Alexander account team, or you may also contact our Trade Compliance team at tradeinsights@valexander.com with any questions, and you can always follow us on our website www.valexander.com for updates on this and other topics.

Rick Walker
Vice President, TradeInsights, LCB
T: 865-970-7461 xt. 4117