UFLPA for importers: the presumption, the Entity List and detentions

The Uyghur Forced Labor Prevention Act (Public Law 117-78) tells CBP to presume that goods made wholly or in part in Xinjiang, or by an entity on the DHS UFLPA Entity List, are made with forced labor and may not enter the United States. The importer can rebut the presumption only with clear and convincing evidence.

The rule in the statute

Section 3(a) of Public Law 117-78 tells the Commissioner of CBP to apply a presumption that goods “mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B)” are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and “are not entitled to entry at any of the ports of the United States”.

The Act was signed on December 23, 2021. CBP applies the presumption to merchandise imported on or after June 21, 2022 (CBP operational guidance, 2022-06-13).

What it means for the importer of record

On this site

Purserhouse reads documents and compares names. It does not tell you whether your goods are admissible. That decision is CBP’s.

In this section

Frequently asked questions

What does the UFLPA presume?

That goods mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region, or produced by an entity on the lists required by section 2(d)(2)(B)(i), (ii), (iv) or (v), are prohibited under 19 U.S.C. 1307 and not entitled to entry (Public Law 117-78, section 3(a)).

Does it apply only to goods made in Xinjiang?

No. CBP says the presumption also applies to goods made in, or shipped through, China and other countries that include inputs made in Xinjiang.

How can the presumption be rebutted?

The Commissioner of CBP must find that the importer fully complied with the importer guidance and answered all CBP inquiries, and, by clear and convincing evidence, that the goods were not made wholly or in part by forced labor (section 3(b)).

Sources

Updated: