Earlier this month, the U.S. Customs and Border Protection (CBP), through the Uyghur Forced Labor Prevention Act (UFLPA), announced it would begin sending letters to companies determined to have previously imported goods produced by forced labor in the Xinjiang Uyghur Autonomous Region.
Signed into law on December 23, 2021, UFLPA bans imports from China’s Xinjiang region under the presumption that those goods were mined, produced or manufactured through forced labor. The presumption formally goes into effect on June 21, 2022, and the oncoming letters will urge importers to prepare “clear and convincing evidence” that their supply chains do not involve forced labor.
Shippers who do not receive letters may still be subject to enforcement and should plan to similarly take comprehensive measures to ensure their imported goods were not made wholly or in part by forced, convict or indentured labor.
Advanced Notice of Known Importer Letter
In advance of June 21st, CBP will be issuing letters to importers identified as having previously imported merchandise that may be subject to the Act to encourage those importers to address any forced labor issues in their supply chains in a timely manner.
Please note that if you do not receive a letter from CBP, this does not mean that your 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).
By June 21, the Forced Labor Enforcement Task Force Ahead will issue further guidance on “due diligence, effective supply chain tracing and supply management measures,” including the type, nature and extent of evidence needed for presumption rebuttals.
H.R.6256: UYGHUR FORCED LABOR PREVENTION ACT OF 2021
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