On June 1, 2022, US Customs and Border Safety’s (CBP) Workplace of Commerce Relations hosted a webinar on forthcoming implementation of the Uyghur Forced Labor Prevention Act (UFLPA). Half of the webinar centered on the historical past, enactment, and textual content of the UFLPA (mentioned on this weblog’s earlier posts right here, right here, and right here), whereas the second half addressed questions from on-line attendees.
Beginning June 21st, imports into the US topic to the UFLPA will likely be topic to the detention course of set out underneath 19 U.S.C § 1499. In consequence, any items imported into the US from the Xinjiang area will instantly be detained, excluded, or seized. If an importer believes its items are freed from compelled labor, then the importer might want to present by clear and convincing proof that compelled labor was not used to make the products, or any enter thereof, irrespective of how small.
In the course of the webinar, a number of contributors requested what proof can be thought-about “clear and convincing” to beat the rebuttable presumption. Whereas CBP officers didn’t record the precise proof wanted to beat the presumption, they did point out that the bar to rebut the rebuttable presumption will likely be very excessive and supplied a number of items of recommendation—equivalent to submitting any proof in English—to assist in a fast assessment of the proof whereas items are detained.
CBP officers additionally indicated that they are going to subject technique steering regarding the UFLPA throughout the subsequent week, whereas the Forced Labor Enforcement Activity Power will subject its required steering on June 21st—the date UFLPA goes into impact.
The launch of UFLPA implementation later this month is predicted to result in vital delays, as CBP holds shipments and works to compile and submit the required info to rebut UFLPA’s presumption. Our agency is working with purchasers each day to organize for June 21st, together with by reviewing provide chains and advising on CBP and the Forced Labor Enforcement Activity Power’s steering issued thus far.