CBP ISSUES OPERATIONAL GUIDANCE ON UYGHUR FORCED LABOR PREVENTION ACT

As required prior to implementation of the Uyghur Forced Labor Prevention Act (UFLPA) on June 21st, 2022, CBP has issued operational guidance to assist importers in complying with the act.

CBP has stated their intention of guidance documents are “to provide operational guidance to trade stakeholders and complements the UFLPA strategy guidance”. It is important to note this document represents CBP’s importer guidance and provides transparency to CBP’s operational approach. The UFLPA also requires guidance to be issued by the UFLPA Task Force which clarifies the UFLPA standard for “clear and convincing evidence” and provides a list of entities known to use forced labor. This guidance is due June 21, 2022.

Below are some highlights we have found particularly important:

• Effective for goods imported into US territory on or after June 21 as opposed to entered.
• Goods which have previously been subject to related Withhold Release Orders will now receive treatment under the UFLPA, which has different statutory timelines for response & requirements to rebut.
• CBP will consider shipments that have identical supply chains to those that have been reviewed previously and determined to be admissible, provided the importer is able to identify these examples.
• Providing proof that goods are not within scope of UFLPA is different than providing proof needed to obtain an exception to the UFLPA.
• CBP may elect to seize restricted merchandise and turn case to Fines, Penalties and Forfeitures Office
• CTPAT Trade Compliance (formerly known as Importer Self-Assessment) members may receive prioritized review of held shipments.
• Commodity-Specific documentary guidance is provided for Cotton, Polysilicon, and Tomatoes.

We suggest importers of goods from China review this guidance in detail, in addition to previous guidance provided by various arms of US Government.

If you have any questions, please contact your local Noatum Logistics representative.