The Uyghur Forced Labor Prevention Act (UFLPA), signed into law on December 23, 2021, reinforces the United States’ policy to strengthen the prohibition against the importation of goods made with forced labor. The UFLPA ensures support for enforcement of Section 307 of the Tariff Act of 1930, as amended (19 U.S.C. § 1307), which prohibits the importation of all “. . . goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions.”
The UFLPA requires the Commissioner of U.S. Customs and Border Protection (CBP) to apply a presumption that imports of all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of the People’s Republic of China (PRC), or by entities identified by the U.S. government on the UFLPA Entity List, are presumed to be made with forced labor and are prohibited from entry into the United States. The presumption also applies to goods made in, or shipped through, the PRC and other countries that include inputs made in Xinjiang.
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