Uyghur Forced Labor Prevention Act (UFLPA)
Implementing Section 307 of the Tariff Act of 1930, the Uyghur Forced Labor Prevention Act prohibits imports of products from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China due to forced labor violations.
“Forced labor” is defined by the Tariff Act as “all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.”
➤ It is the importer’s responsibility to exercise reasonable care in ensuring their merchandise was not mined, produced, manufactured wholly or in part by forced labor of any kind. Such merchandise is subject to exclusion and/or seizure, and may lead to criminal investigation of the importer(s).
This sanction will apply to “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or by persons working with the Xinjiang Uyghur Autonomous Region government for purposes of the “poverty alleviation” program or the “pairing-assistance” program….”
The only exception is if the CBP Commissioner determines—based on thorough evidence—those particular goods were not produced by forced labor, and submits a report to the applicable congressional committees.
The law goes into effect on June 21, 2022.
Note there is already a Withhold Release Order (WRO) in effect for Cotton, Tomatoes, and Downstream Products imported from the Xinjiang Uyghur Autonomous Region, allowing CBP to detain these shipments unless sufficient proof is given that they were not produced by forced labor.
⮞ Read the full Act here
⮞ Read CBP’s answers to FAQ about the current WRO
⮞ Read CBP’s Informed Compliance Publication on exercising reasonable care; pages 14-15 address forced labor