On June 1, 2022, US Customs and Border Safety’s (CBP) Workplace of Commerce Relations hosted a webinar on forthcoming implementation of the Uyghur Compelled Labor Prevention Act (UFLPA). Half of the online targeted 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 US topic to the UFLPA will likely be topic to the detention course of set out underneath 19 USC 1499. Because of this, any items imported into the US from the Xinjiang area will instantly be detained, excluded, or hidden. If an importer believes its items are freed from compelled labour, 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.
Du
ring the webinar, a number of individuals requested what proof could be thought-about “clear and convincing” to beat the rebuttable presumption. Whereas CBP officers didn’t listing the precise proof wanted to beat the presumption, they did point out that the bar to grab the rebuttable presumption will likely be very excessive and provided a number of items of recommendation—similar to submitting any proof in English—to help in a fast evaluation of the proof whereas items are being held.
CBP officers additionally indicated that they’ll problem technique steering regarding the UFLPA throughout the subsequent week, whereas the Compelled Labor Enforcement Job Drive will problem its required steering 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 shoppers every day to organize for June 21sttogether with by reviewing provide chains and advising on CBP and the Compelled Labor Enforcement Job Drive’s steering issued thus far.