U.S. importer guidance, implementation of Uyghur Forced Labor Prevention Act rebuttable presumption

Operational guidance complements the Uyghur Forced Labor Prevention Act strategy guidance

Implementation of Uyghur Forced Labor Prevention Act rebuttable presumption

U.S. Customs and Border Protection (CBP) released importer guidance to prepare for the implementation of the Uyghur Forced Labor Prevention Act rebuttable presumption that goes into effect on June 21, 2022.

As noted in the CBP release—CSMS #52167923 (June 13, 2022)—the importer guidance is intended to provide operational guidance to trade stakeholders and complements the Uyghur Forced Labor Prevention Act strategy guidance. Importers must comply with the importer guidance within Uyghur Forced Labor Prevention Act strategy. 

Background

The Uyghur Forced Labor Prevention Act was signed into law by President Biden on December 23, 2021.

It establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in China’s Xinjiang Uyghur Autonomous Region, or produced by certain entities on the Forced Labor Enforcement Task Force (FLETF) Entity List, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States.

The presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has fully complied with the FLETF-issued importer guidance, responded to all inquiries, and determines by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor.
 

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com

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