Background

Today, the U.S. government’s Forced Labor Enforcement Task Force (FLETF) released its Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China (the Strategy), as required by the Uyghur Forced Labor Prevention Act (UFLPA), P.L. 117-78. This Strategy, combined with CBP’s UFLPA Operational Guidance for Importers released on June 13, provides the framework by which the U.S. government will begin, starting June 21, full implementation of the UFLPA. The UFLPA requires CBP to presume that goods made, wholly or in part, in the Xinjiang Uyghur Autonomous Region (Xinjiang) are made with forced labor and excluded from entry into the U.S., unless otherwise rebutted. All businesses with products whose supply chains include Chinese materials should understand both the Strategy and CBP’s Guidance and ensure that they are implementing these into their business operations.

ST&R can assist with your company’s next steps to ensure compliance and manage risks under the UFLPA. If you have additional questions, contact us at supplychainvisibility@strtrade.com.

A link to the Strategy can be found here:

Strategy to Prevent the Importation of Good Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China (dhs.gov)

The Strategy includes the following lists:

  • Entities in Xinjiang that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor;
  • Entities working with the government of Xinjiang to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of Xinjiang;
  • Products mined, produced, or manufactured wholly or in part by such entities; and
  • A list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from Xinjiang or from persons working with the government of Xinjiang or the Xinjiang Production and Construction Corps for purposes of the ‘‘poverty alleviation’’ program or the ‘‘pairing-assistance’’ program or any other government-labor scheme that uses forced labor

The complete lists are included on page 22-25 of the Strategy.

Additionally, the Strategy identifies high-priority sectors for enforcement. They are:

  • Apparel;
  • Cotton and cotton products;  
  • Silica-Based Products (including polysilicon); and
  • Tomatoes and Downstream Products.

Other aspects of the released strategy include:

  • A comprehensive assessment of the risk of importing goods mined, produced, or  manufactured, wholly or in part, with forced labor in the PRC;
  • An evaluation and description of forced-labor schemes and UFLPA-required plans;
  • Recommendations for efforts, initiatives, tools, and technologies to accurately identify and trace affected goods;
  • A description of how U.S. Customs and Border Protection (CBP) plans to enhance its use of legal authorities and tools to prevent entry of goods at U.S. ports in violation of 19 U.S.C. § 1307;
  • A description of additional resources necessary to ensure no goods made with forced labor enter U.S. ports;
  • Guidance to importers; and
  • A plan to coordinate and collaborate with appropriate nongovernmental organizations (NGOs) and private-sector entities.

ST&R can assist with your company’s next steps to ensure compliance and manage risks under the UFLPA. If you have additional questions, contact us at supplychainvisibility@strtrade.com.

Copyright © 2022 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

Professional

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Elise Shibles
Textiles & Apparel Practice Leader; Forced Labor Practice Leader
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Amanda Levitt
Member
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David F. Olave
Associate & Trade Policy Advisor

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