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
- Scope goes past the factory. CBP says the presumption applies to goods made in or shipped through China and other countries if they include inputs made in Xinjiang.
- The burden is the importer’s. To get an exception the importer must comply with the importer guidance, answer all CBP inquiries, and show by “clear and convincing evidence” that the goods were not made wholly or in part by forced labor. CBP’s FAQ describes that as “a higher standard of proof than a preponderance of the evidence”.
- An exception is public. If CBP grants one, it reports the good and the evidence considered to Congress and the public within 30 days (section 3(c)).
On this site
- UFLPA Entity List : the DHS list as a table you can filter, newest additions first.
- UFLPA detention notice : what CBP’s rules and guidance say about timelines, the three paths and the documents.
- Check a supplier name : a name lookup against the lists we read. A match is a lead, not a finding.
Purserhouse reads documents and compares names. It does not tell you whether your goods are admissible. That decision is CBP’s.
In this section
UFLPA detention notice
UFLPA detention: the 5 and 30 day periods in 19 CFR 151.16, the three paths (export, applicability review, exception request) and the …
UFLPA Entity List
The DHS UFLPA Entity List as a filterable table: entity name, the section of the Act it is listed under, and the effective date, newest …
UFLPA supplier check
Enter a supplier name to see whether it matches the DHS UFLPA Entity List or other screening lists we read. A match is a lead, not a …
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
- Public Law 117-78, Uyghur Forced Labor Prevention Act (2021-12-23), GovInfo
- CBP, UFLPA Operational Guidance for Importers (2022-06-13)
- DHS, UFLPA Frequently Asked Questions
- DHS, UFLPA Entity List
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