Background

U.S. Customs and Border Protection has added polyvinyl chloride products to its Uyghur Forced Labor Prevention Act enforcement efforts.

The UFLPA requires CBP to presume that all goods manufactured wholly or in part in China’s Xinjiang Uyghur Autonomous Region are made with forced labor and therefore prohibited from entry into the U.S. This presumption can be overcome if the importer can show that the UFLPA is not applicable to the goods. Alternatively, for listed entities the presumption may be overcome if (1) the importer provides “clear and convincing evidence” to CBP that the goods were not made with forced labor and (2) the importer has fully complied with due diligence guidance and regulations and responded to all related CBP inquiries.

The UFLPA specifies tomatoes, cotton, and polysilicon as high-priority sectors for UFLPA enforcement. According to detention notices CBP issues with regard to potentially violative goods, PVC has recently been added as a sector of concern after aluminum was added in October 2022.

As a result, CBP is now detaining PVC products such as vinyl flooring under the UFLPA and asking importers to trace these items back to their originating chemicals such as chlorine, carbon, and ethylene.

Companies should map their supply chains and ensure their supply chain partners are maintaining sufficient records to prove UFLPA compliance.

Sandler, Travis & Rosenberg has a robust program to assist companies on forced labor issues. ST&R also maintains a frequently updated web page offering a broad range of information on forced labor-related efforts in the U.S. and around the world. For more information, please contact ST&R at supplychainvisibility@strtrade.com.

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