How will the Customs and Border Patrol (CBP) enforce the UFLPA?

CBP has employed a risk-based approach, dynamic in nature, that prioritizes the highest-risk goods based on current data and intelligence.  

Currently, the highest-risk goods include those imported directly from the Xinjiang Uyghur Autonomous Region, or Xinjiang, into the United States and from entities on the UFLPA Entity List. CBP will also prioritize illegally transshipped goods with inputs from Xinjiang, as well as goods imported into the United States by entities that, although not located in Xinjiang, are related to an entity in Xinjiang (whether as a parent, subsidiary, or affiliate) and likely to contain inputs from that region.

What is the Forced Labor Enforcement Task Force (FLET), and what is its role?

The FLETF, chaired by DHS, is an interagency group that monitors the enforcement of the prohibition on importing goods made wholly or in part with forced labor into the United States. The Forced Labor Enforcement Task Force, or the FLETF, is comprised of seven member agencies: The Office of the United States Trade Representative and the U.S. Departments of Labor, State, Treasury, Justice, and Commerce. The Chair has invited six observing agencies: the U.S. Agency for International Development, CBP, ICE, the National Security Council, and the Departments of Agriculture and Energy.  

The UFLPA tasked the FLETF with developing a strategy for supporting the enforcement of the prohibition of the importation of goods into the United States manufactured wholly or in part with forced labor in the PRC, especially from Xinjiang. To successfully implement the UFLPA, the FLETF sought public comments and held a public hearing on how to best ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the PRC are not imported into the United States. The strategy was published on June 17, 2022, as the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China (or UFLPA Strategy).

Does the rebuttable presumption apply only to goods originating in the Xinjiang Uyghur Autonomous Region? What if the country of origin is other than PRC/Xinjiang, but the country of export is PRC/Xinjiang?

The rebuttable presumption applies to goods produced wholly or in part in Xinjiang or by entities identified on the UFLPA Entity List in the UFLPA Strategy. This includes goods produced in other parts of China or in other countries that incorporate goods that were produced in Xinjiang or by entities on the UFLPA Entity List.

What kind of information is required to rebut the presumption created by the UFLPA?

The importer must completely and substantively respond to all inquiries for information submitted by the Commissioner to ascertain whether the goods were mined, produced, or manufactured wholly or in part by force. Additionally, provide clear and convincing evidence that the good, ware, article, or merchandise was not mined, manufactured, or produced, wholly or in part, by forced labor.

UFLPA Statistics Dashboard

CBP published a dashboard in March of 2023, providing statistics on shipments subjected to UFLPA reviews and enforcement actions.