CBP to Issue 'Known Importer Letters' in Preparation for UFLPA Enforcement

CBP plans to send letters to "identified as having previously imported merchandise that may be subject" to the Uyghur Forced Labor Prevention Act, CBP said in an April 12 email. The UFLPA imposes a rebuttable presumption that goods from Xinjiang Uyghur Autonomous Region involve the use of forced labor as of June 21. Ahead June 21, CBP will use the "known importer letters" to "encourage those importers to address any forced labor issues in their supply chains in a timely manner," it said.

Importers that don't get a known importer letter may still face enforcement, the agency said. "If you do not receive a letter from CBP, this does not mean that your supply chain is free of forced labor," it said. "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)."

Under the UFLPA, the Forced Labor Enforcement Task Force Ahead is tasked with issuing guidance by June 21 and industry groups have asked for CBP to take a phased-in approach to enforcement (see 2203100044 and 2204080051). "This is a difficult issue from many perspectives," said Sidley Austin lawyer Ted Murphy in a blog post. "CBP’s notice, however, is an indication that the guidance that will be forthcoming from FLETF and/or CBP is not likely to be as specific as many members of the trade community are hoping."

There seems to be a race "to the starting line on an issue where the trade community and the [federal government] are in near total agreement on substance, but continue to talk past one another on process," Murphy said. Murphy represents the Business Alliance for Customs Modernization, which recently filed comments asking for a "period of restrained enforcement."