On June 1, 2022, US Customs and Border Safety’s (CBP) Workplace of Commerce Relations hosted a webinar on forthcoming implementation of the Uyghur Pressured Labor Prevention Act (UFLPA). Half of the net 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.
Beginning June 21st, imports into the USA topic to the UFLPA shall be topic to the detention course of set out underneath 19 USC 1499. Consequently, any items imported into the USA from the Xinjiang area will instantly be detained, excluded, or hidden. 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, regardless of how small.
During the webinar, a number of members requested what proof can be thought of “clear and convincing” to beat the rebuttable presumption. Whereas CBP officers didn’t checklist the precise proof wanted to beat the presumption, they did point out that the bar to grab the rebuttable presumption shall be very excessive and provided just a few items of recommendation—reminiscent of submitting any proof in English—to assist in a fast overview of the proof whereas items are being held.
CBP officers additionally indicated that they are going to situation technique steerage regarding the UFLPA throughout the subsequent week, whereas the Pressured Labor Enforcement Activity Power will situation its required steerage on June 21st—the date UFLPA goes into impact.
The launch of UFLPA implementation later this month is anticipated to result in vital delays, as CBP holds shipments and works to compile and submit the required data to grab UFLPA’s presumption. Our agency is working with purchasers every day to arrange for June 21sttogether with by reviewing provide chains and advising on CBP and the Pressured Labor Enforcement Activity Power’s steerage issued so far.