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UFLPA DHS Guidance – What Importers Need to Know

On June 17,  2022, DHS published its long-awaited strategy guidance document which shed light on how UFLPA will be implemented, and what evidence may be provided to rebut the presumption that the goods were made with forced labor. This article provides an overview of the type of evidence importers should have readily available when importing goods into the United States. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

UFLPA

The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Province of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor, fully respond to all CBP requests for information about goods under CBP review and demonstrate that it has fully complied with the guidance outlined in this strategy, the Commissioner of CBP may grant an exception to the presumption.

Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, and generally means that a claim or contention […]

By |2022-06-28T12:22:23-04:00June 28, 2022|China, Customs Broker, Customs Expert, Enforcement, Forced Labor, Import, International Trade, Labor Rights, Pre-compliance, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|1 Comment
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International Trade Today: CBP Policy Change Makes Extensions for Prior Disclosures More Difficult

Diaz Trade Law’s President, Jennifer Diaz is enthusiastic to announce International Trade Today featured her perspective in their recent article, “CBP Policy Change Makes Extensions for Prior Disclosures More Difficult, Lawyer Says“! Below is the article reproduced for your reading pleasure. You can read the article here (where you’ll have the ability to access the link to the CBP guidance).

A previous article written by Jen and Sharath focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which had not been circulated publicly (prior to our FOIA request). We truly feel CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD. If you are considering filing a Prior Disclosure – PLEASE communicate with counsel first.

Please note you cannot click on the hyperlink below. We’d love to hear your feedback!

 

 

 

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By |2022-06-24T09:56:02-04:00June 24, 2022|Import, International Trade, Pre-compliance, Prior Disclosures, Reasonable Care, U.S. Customs and Border Protection (CBP)|1 Comment
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Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know

Uyghur Forced Labor Prevention Act (UFLPA) and What You Need to Know?

On June 16, 2022, CBP held a webinar on the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA goes into effect June 21, 2022 so it is critical that importers are proactive about forced labor compliance in preparation for this implementation. During the webinar CBP discussed their recently published operational guidance for importers. This blog article provides an overview of CBP’s current enforcement environment and how UFLPA will change CBP’s enforcement procedures for imports generally, and specifically from the Xinjiang region. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

Background

Under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), CBP derives the authority for preventing the entry into the U.S. market of products made with forced labor by investigating and acting upon allegations of forced labor in supply chains. CBP issues Withhold Release Orders (WROs) and findings to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. CBP defines Forced labor as all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not […]

By |2022-06-17T18:05:17-04:00June 16, 2022|301 INVESTIGATIONS, Enforcement, Forced Labor, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|3 Comments
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International Trade Week

Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!

ADCVD

  • Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
  • This presentation discussed 226b, 226d, and 226f.
    • 226b discusses self-initiation and how a notice will be issued if the government initiates it.
    • 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
    • In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.

Food and Drug Administration

  • Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
    • Drugs and devices must be safe and effective and require a fee application prior to importation.
    • Every product must meet performance requirements and must contain a label that is presented in English.
  • Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
    • Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
    • Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
  • FDA’s import alerts allow […]
By |2022-06-14T10:50:57-04:00June 14, 2022|Events, Export, Import, International Law, International Trade, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|1 Comment
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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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By |2022-07-01T10:51:29-04:00June 10, 2022|EAR, Export, Import, International Law, International Trade, Snapshot, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|1 Comment
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