U.S. Law Banning Imports from China’s Xinjiang Region to Go Into Effect in June

The Uyghur Forced Labor Prevention act (UFLPA), which was signed by Biden into law on December 23, 2021, will go into effect on June 21, 2022.

The UFLPA establishes a rebuttable presumption that the import of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Region of China, or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) of the Act, 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 rebuttable presumption goes into effect on June 21, 2022.

The U.S. Customs and Border Protection (CBP) will be issuing letters before June, 21st to importers, which have been identified as having previously imported merchandise that may be subject to the Act to encourage them to address any forced labor issues in their supply chains in a timely manner.

If the importer of record (IOR) does not receive a letter from CBP, it does not mean that their supply chain is free of forced labor. All importers 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).

Importers contending that merchandise detained under the law was not produced with forced labor must submit the Certificate of Origin signed by the foreign seller and a detailed statement from the importer. The document may be submitted in electronic form.

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