Beginning June 21, 2022, goods produced wholly or in part in China’s Xinjiang Uyghur Autonomous Region (“Xinjiang”), or by entities identified by the Department of Homeland Security in the enforcement strategy, are not allowed to enter into the U.S., based on a rebuttable presumption that these goods are produced with forced labor. The Uyghur Forced Labor Protection Act (UFLPA) prohibition on the use of forced labor applies to imported merchandise regardless of the country of production and/or exportation of the finished product.

Multiple products, including but not limited to solar cells/panels, cotton apparel, xanthan gum, polyvinyl flooring and steel, have been targeted by CBP as being produced with forced labor or incorporating components that were produced with forced labor. These allegations, which are often based upon information provided by non-governmental organizations, can result in the detention of incoming shipments. Once detained, importers are required to submit extensive production documentation to demonstrate that all the inputs used to produce the goods were not sourced from Xinjiang, or that if sourced from Xinjiang, the inputs were not produced with forced labor.

GDLSK has worked with our clients and successfully obtained the release of certain detained goods. We have also advised clients how to work with their vendors to avoid or minimize the impact of future detentions.

Navigating UFLPA requires experienced expert advice. GDLSK attorneys are well versed in supply chain intricacies, manufacturing processes and associated recordkeeping. Our familiarity and understanding of these issues can be invaluable when developing a response strategy.