CBP Issues UFLPA 'Operational Guidance for Importers'

CBP released an "operational guidance for importers" June 13 that explains the processes involved in Uyghur Forced Labor Prevention Act enforcement. The guidance puts in writing much of what was described in recent webinars (see 2206080033, 2206010034 and 2206020055) hosted by CBP on the UFLPA rebuttable presumption that goods involving the Xinjiang region of China are made with forced labor and illegal to import unless the importer can prove otherwise. The rebuttable presumption goes into effect June 21, and CBP plans to issue a more detailed "strategy" document on that day.

While the webinars covered much of the guidance, "of particular note is the section on the types of documents CBP may require from importers seeking to establish that imported articles are not covered by the UFLPA (because the articles do not contain Xinjiang content or are unconnected to listed entities) and/or seeking to rebut the UFLPA presumption of forced labor," Sidley Austin lawyer Ted Murphy said in a June 14 blog post. "There is nothing particularly new (or helpful) here, but it does further evidence CBP’s intent to require importers be able to trace the supply chain from the raw materials through to the finished goods. While a risk-based approach is the only feasible option to UFLPA compliance, there is no acknowledgement of this fact in CBP’s guidance."

The list of possible documents to show a supply chain doesn't involve the Xinjiang region includes product-specific lists focused on cotton, polysilicon and tomatoes. Those products were already largely covered by withhold release orders but will become subject to the tougher UFLPA standards as of June 21.

Importers can request exemptions from the rebuttable presumption after CBP takes action, but the request must come in different forms depending on whether the importer gets a detention notice, an exclusion notice or a seizure notice, the agency said.

Any imports allowed for merchandise subject to the UFLPA will be reported publicly and to Congress. "If the CBP Commissioner determines that an exception to the rebuttable presumption is warranted for a particular importation, CBP will notify the appropriate Congressional committees and, not later than 30 days after the Commissioner determines an exception is warranted, make available to the public a report identifying the good and the evidence considered in granting the exception," it said. CBP plans to prioritize requests for UFLPA exemptions from current Customs Trade Partnership Against Terrorism members, the agency said.

When an exemption is granted "importers may also identify additional shipments that have identical supply chains to those that have been reviewed previously and determined to be admissible by CBP, to facilitate the faster release of identical shipments," it said.