May 26, 2022

Volume XII, Number 146

Advertisement
Advertisement

May 25, 2022

Subscribe to Latest Legal News and Analysis

May 24, 2022

Subscribe to Latest Legal News and Analysis

May 23, 2022

Subscribe to Latest Legal News and Analysis

Fourth Update on Forced Labor for Imported Products

On Jan. 24, 2022, the Department of Homeland Security (DHS) issued a press release in conjunction with a Federal Register Notice regarding the public comment period for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA, signed into law Dec. 23, 2021, requires the federal Forced Labor Enforcement Task Force to develop a strategy to prevent the importation of forced labor goods from China, and this comment period allows importers the opportunity to impact that strategy.  The comment period closes March 10, 2022.

The UFLPA prohibits goods from being imported into the United States that are produced either in China’s Xinjiang province or by specific entities to be identified by DHS, unless the importer can demonstrate by clear and convincing evidence that the goods were not produced with forced labor. For importers who will be submitting comments, the Federal Register Notice suggests importers consider the following non-exhaustive list of questions:

  • the type, nature, and extent of evidence companies can provide to reasonably demonstrate that goods originating in China were not produced under forced labor in the Xinjiang Uyghur Autonomous Region;

  •  initiatives, tools, technologies, etc. that should be adopted to ensure that U.S. Customs and Border Protection can accurately identify and trace forced labor goods; 

  • strategies to effectively enforce the UFLPA against entities whose goods are made with forced labor in China and imported into the United States;

  • suggest proper due diligence, effective supply chain tracing, and supply chain management measures importers can leverage to ensure they do not import goods made with forced labor from China, especially within the Xinjiang Uyghur Autonomous Region;

  • suggestions for identifying goods made with forced labor in the Xinjiang Uyghur Autonomous Region or by entities that work with the Xinjiang Uyghur Autonomous Region government to recruit, transport, transfer, harbor, or receive forced labor; and in addition, identifying additional entities that export such goods; 

  • suggestions of measures that can be taken to trace the origin of goods, offer greater supply chain transparency, and identify third-country supply chain routes for goods made with forced labor in China; and

  •  identify mechanisms that could lead to the importation of forced labor goods from China, including through third countries, and provide procedures to reduce those threats.

The Forced Labor Enforcement Task Force will also hold a public hearing after the comment period closes. Finally, DHS and U.S. Customs and Border Protection will issue guidance for importers on compliance with UFLPA.  

For additional background on the prohibition of importing products and their components made with forced labor we refer you to our Update on Forced Labor for Imported ProductsSecond Update on Forced Labor for Imported Products, and Third Update on Forced Labor for Imported Products.

Those looking to draft and submit to DHS comments on the new regulations should consult with experienced international trade counsel.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 26
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Laura Siegel Rabinowitz Corporate Trade Attorney Greenberg Traurig Law Firm
Shareholder

Laura Siegel Rabinowitz counsels domestic and multinational businesses on complex supply chain issues and other complicated challenges associated with trade, advising on mitigation of duty exposure and compliance. Laura has deep experience handling international trade projects for clients, including multinational importers, exporters, manufacturers, retailers, customs brokers, and freight forwarders.

Laura advises clients on mitigating tariffs on Chinese-made products and steel and aluminum and helps clients navigate the maze of regulations,...

212-801-9201
Donald Stein, Greenberg Traurig Law Firm, International Trade and Healthcare Litigation Attorney
Shareholder

Donald S. Stein focuses his practice on federal regulatory issues, and in particular U.S. Customs law, trade remedies and trade policy issues. From dealing with imports and the myriad of laws enforced by the U.S. Bureau of Customs and Border Protection ("CBP"), he has also developed experience in practicing before other federal regulatory agencies, including the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, and the U.S. Fish and Wildlife Service. He is also experienced in working with the U.S. International Trade Commission, the U.S. Department of...

202-530-8502
Associate

Francisco J. Vélez focuses his practice on international trade regulation with an emphasis on U.S. export controls and economic sanctions. He counsels clients on a range of economic sanctions and export controls issues, including those arising under sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the International Traffic in Arms Regulations (ITAR), and the Export Administration Regulations (EAR).

Francisco played five seasons for the Florida Gator football program. As a Gator...

202-533-2331
Advertisement
Advertisement
Advertisement