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 […]

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 […]

Customs and Trade Law Snapshot

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

The Bureau of Industry and Security (BIS) 

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Using WROs to Fight Forced Labor

Forced Labor is the third most lucrative illicit trade, behind only drugs and weapons, and has an annual trade value of roughly $150 Billion. Right now, over 40 million people around the world are victims of some type of forced labor, including modern slavery, human trafficking, etc.

Thankfully, U.S. Customs and Border Protection has been working to curb this inhumane practice.

[…]

Exclusion Extensions Granted for List 4A

On September 2, 2020, via Federal Register Notice, the United States Trade Representative formally announced its determination to extended certain previously granted exclusion requests through the end of the year; December 31, 2020.

[…]

By |2022-07-07T12:17:24-04:00September 2, 2020|China, China Trade War, Customs Expert, Enforcement, Import, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain|Comments Off on Exclusion Extensions Granted for List 4A

CBP Seizes $800k of Human Hair From China Alleging Forced Labor

On July 1, 2020, U.S. Customs and Border Protection (CBP) officers in Newark, New Jersey seized an import from China of roughly 13 tons of beauty products and accessories, discovered products made of human hair. The shipment, which came from the Xinjiang Region of China is estimated to be worth over $800,000.00.

The import was seized as a result of a June 17, 2020, Withhold Release Order (WRO) for “imported merchandise made wholly or in part with hair products produced by Lop County Meixin Hair Product Co. Ltd. (Meixin) in Xinjiang, China”.

According to CBP’s Executive Assistant Commissioner for the Office of Trade, there had already been evidence that reasonably indicated that the Chinese hair product company had been using prison labor to produce their merchandise, which is prohibited by Federal statute 19 U.S.C. 1307.

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CBP’s Section 321 Data Pilot Program to Begin August 22

Tasked with the protection of the nation, The Department of Homeland Security (DHS) siphons the protection of our ports to United States Customs and Border Protection (CBP). With the continuous threats to safety and integrity of the country, CBP is conducting a voluntary test to collect certain advanced data related to shipments potentially eligible for release under section 321 of the Tariff Act of 1930.

In order to cope with the e-commerce trend, CBP will allow online marketplaces, and other non-traditional partners to participate in the pilot program. If you wish to participate in the program, DTL can assist you in submitting the required application to the Department Of Commerce. While the Pilot opens on August 22, 2019, and is set to last for roughly one year, CBP may accept potential participants after the program’s commencement until a sufficient number of participants has been identified.

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CBP Needs Your Help to Improve their Operations in the 21st Century Business Environment – COMMENT PERIOD NOW OPEN!

RegulationsU.S. Customs and Border Protection (CBP), has announced the re-opening of the public comment period on the six key themes identified by “The 21st Century Customs Framework” initiative. Now is your chance to provide feedback to CBP that can benefit your supply chain and the US economy.

CBP appreciates the need to stay modern to face the challenges of an evolving business landscape. To fulfill its mission, CBP is carrying out an initiative entitled “The 21st Century Customs Framework” which will seek to address and improve many aspects of CBP’s trade mission to better position the agency to operate in the 21st Century business environment. Below are the topics CBP is seeking public input on:

[…]

OWIT WEBINAR – Why Trade Matters – Supply Chain Trends of 2017

OWITAt the end of 2016, Forbes published an article by Steve Banker identifying supply chain trends to follow in 2017. Now, halfway through 2017, OWIT International‘s supply chain experts will discuss some of these trends, including President Donald Trump’s trade agenda, the “Made in America” supply chain, how e-commerce is or is not reshaping the face of logistics, and automation reducing logistics employees. Join us as we discuss which of these trends are coming to pass, how they are likely to affect trade and business, and what to do about them.

[…]

By |2017-07-19T17:39:07-04:00July 20, 2017|Events, Import, OWIT, Speaking|1 Comment
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