COUNTRY
United States of America
CATEGORY
International Trade: Forced Labour Prohibition
LEGAL CODE TITLE
Uyghur Forced Labor Prevention Act (UFLPA)
LEGAL CODE REFERENCE
H. R. 1155
REVISION DATE
December 23, 2021
APPLICABILITY
Companies importing product into the Unites States of America
FREQUENCY
Ongoing
SUMMARY OR KEY PROVISION OF THE LAW
The Uyghur Forced Labor Prevention Act establishes a "rebuttable presumption" that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, 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 presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor.
The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBP’s enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the People’s Republic of China.
The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBP’s enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the People’s Republic of China.
UPPLA ENTITY LIST: https://www.dhs.gov/uflpa-entity-list
LEGAL CONSEQUENCES FOR NON-COMPLIANCE
After a shipment has been presented for examination, CBP will have five days, excluding weekends and holidays, to determine whether the shipment should be released or detained. If CBP determines that a shipment falls within the scope of the UFLPA—either based on links to the XUAR or to listed entities—CBP will issue a detention notice instructing the importer to submit information rebutting the UFLPA’s presumption.[55] After 30 days, CBP is required to issue a final ruling on the goods’ admissibility.
If CBP issues a final ruling excluding the shipment, the importer may protest that decision within 180 days. CBP then has 30 days to respond to the protest, after which it will be deemed denied.[60] Having exhausted this administrative procedure, importers then have 180 days from the denial of the protest to file a court action challenging CBP’s ultimate decision.
Certain shipments determined to be in violation of the UFLPA may be subject to seizure and forfeiture.
If CBP issues a final ruling excluding the shipment, the importer may protest that decision within 180 days. CBP then has 30 days to respond to the protest, after which it will be deemed denied.[60] Having exhausted this administrative procedure, importers then have 180 days from the denial of the protest to file a court action challenging CBP’s ultimate decision.
Certain shipments determined to be in violation of the UFLPA may be subject to seizure and forfeiture.
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