UFLPA detention notice: timelines, the three paths and the documents

What the notice is

CBP says detentions to enforce the UFLPA are made under 19 U.S.C. 1499 and 19 CFR part 151. The notice gives the reason for detention (the UFLPA), the anticipated length, and instructions for sending information to CBP; CBP’s FAQ adds that the notice has an attachment specifying the information CBP is requesting.

The clock in 19 CFR 151.16

Five business days from the date the merchandise is presented for examination to decide whether to release or detain. Goods not released in that time are considered detained.
Notice within five business days of the decision, stating the reason, the anticipated length and “the nature of any information which, if supplied to CBP, may accelerate the disposition”. The notice is not a final determination.
30 days from presentation for a final determination of admissibility, which can be protested.
No decision in 30 days is treated as a decision to exclude; that can be protested too.

The three paths

Export. CBP’s guidance: an importer may present an Immediate Export in-bond to ask the port director for permission to export a detained shipment “at any point prior to exclusion or seizure”.
Applicability review. If the goods were not made wholly or in part in Xinjiang or by a listed entity, the presumption does not apply. The importer asks for an applicability review and shows, with documents, that the goods and their inputs have no such connection. CBP says a complete package takes on average two to three weeks to review, and that for a supply chain identical to one already cleared the detention has averaged ten to 14 days (CBP FAQ, last modified 2025-09-09).
Exception request. For goods the presumption covers, the importer must show compliance with the FLETF importer guidance, answer all CBP inquiries, and prove by clear and convincing evidence that the goods were not made with forced labor (section 3(b)). After exclusion the route is a protest under 19 U.S.C. 1514 (choose the issue “Merchandise Excluded From Entry” in ACE); after seizure it is a petition under 19 CFR part 171.

Documents CBP lists

CBP’s operational guidance (section IV) says its list is “not intended to be an exhaustive list”. For an applicability review CBP names three groups, produced in the ordinary course of business and translated into English:

Transaction and supply chain records that show the country of origin and the components, for example the packing list, bill of lading and manifest.
Documents showing the parties involved in making, handling or exporting the goods, for example a summary of each party’s role and a flow chart of the supply chain.
Documents on payment and transport of raw materials: the origin of raw materials and proof the transactions happened, for example invoices, contracts, purchase orders, proof of payment, and documents showing the goods moved from one entity to another.

For supply chain tracing, the guidance lists (among others): a detailed description of the supply chain, a list of suppliers for each production step with contact details, affidavits from each company involved, purchase orders, invoices of all suppliers and sub-suppliers, packing lists, bills of materials, certificates of origin, payment records, inventory and shipping records, and production records that let CBP trace raw materials to the merchandise. For an exception request it adds due diligence system information, supply chain management measures, and evidence on forced labor in China.

CBP’s best-practice advice in its FAQ: prepare before a detention, tell the CBP Center of Excellence and Expertise early about a high-risk import, flag identical supply chains, send a complete and organized package with English translations, and list each supplier’s role. Storage costs of detained goods fall on the importer.

This page describes CBP’s published rules and guidance as of the dates cited. It is not legal advice, and CBP’s detention notice for your shipment governs your deadline. Check the supplier first with the name check and the Entity List .

Frequently asked questions

How long can CBP detain goods under the UFLPA?

The rule is 30 days from the day the merchandise is presented for examination for a final admissibility decision (19 CFR 151.16(e)). CBP's guidance says importers may respond "generally within 30 days", and its FAQ says an extension can be requested before the initial 30-day period ends.

What if CBP does not decide in 30 days?

The failure to decide is treated as a decision to exclude the merchandise, and that deemed exclusion can be protested (19 CFR 151.16(f)).

What is the difference between an applicability review and an exception request?

An applicability review argues the goods are not within the Act, because neither they nor their inputs come from Xinjiang or a listed entity. An exception request accepts the presumption applies and rebuts it with clear and convincing evidence, as section 3(b) of the Act requires.

Can I just export the goods?

CBP's guidance says importers may present an Immediate Export in-bond to seek the port director's permission to export detained shipments at any point before exclusion or seizure.

Sources

Updated: 2026-10-21