The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden in December 2021 and took effect in June 2022. The UFLPA requires importers and manufacturers to prove any goods made in Xinjiang, or include Xinjiang in the supply chain, are free from the use of forced labor. If the importers cannot prove forced labor was used in the production of the goods or components, then the goods would not be allowed entry into the US.
Additionally, importers can request a review from CBP of their supply chain, and if approved, the UFLPA will not apply to their goods.
From June to December 2022, half of all shipments held for inspection by CBP were related to solar panels or related components that are used by the solar industry. Out of those shipments held for inspection, about one-third were released after inspection.
As a background, since 2014, the People’s Republic of China (PRC) has engaged in repressing the Uyghur Muslims and other minorities in the Xinjiang region in far-west China. Some methods of repression include human rights abuses, mass detention, re-education camps and forced labor. The PRC claims the actions are counter terrorism efforts and camps provide vocational training.
If you have had your goods investigated for suspicion of forced labor or if your company would like to apply for a Customs review of your supply chain, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.
