U.S. Will Ban Goods Made In Xinjiang, China

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U.S. Will Ban Goods Made In Xinjiang, China



U.S. Will Ban Goods Made In Xinjiang, China

Effective June 21,2022, the U.S will ban all goods made in part or whole from the Xinjiang Uyghur Region in China. Over the next 180 days companies need to ensure their supply chain will not include any of these goods.

On December 23rd, President Biden signed the Uyghur Forced Labor Prevention Act into law. This law states that all goods produced, mined or manufactured in the XUAR have been done so by forced labor. The stipulations of this new law deem imports of goods from the XUAR will be banned unless the U.S. Customs and Border Protection establishes the following;

  1. The importer of record has fully complied with relevant guidance to be provided by the CBP
  2. The importer has completely and substantively responded to all inquiries for information submitted by CBP to establish if the good were made completely or in part with forced labor
  3. By providing transparent evidence the goods were not made completely or in part with forced labor

Any good that has been determined to have not been produced completely or in part with forced labor will be included in a public list issued by CBP 30 days after making the determination

An Interagency Forced Labor Enforcement Task Force, will develop a strategy to prevent these forced goods from entering into the U.S. this will include;

  1. Any company in XUAR that uses forced labor to produce goods
  2. Companies working with XUAR to recruit, transport, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other prosecuted groups
  3. Products made completely or in part by these companies
  4. Companies that exported products made by forced labor to the U.S.
  5. Facilities and companies, including the Xinjiang Production and Construction Corps, that received their material from the XUAR

This task force will seek public input to end no later than January 24th 2022. The public will have 45 days to submit comments wherein a public hearing will take place no later then 45 days after the public comment period has ended.

The UFLPA has called for the Task Force to provide guidance to importers as follows;

"Due diligence, effective supply chain tracing, and supply chain management measures to guarantee they do not import any goods made with forced labor from mainland China, most importantly from the XUAR."

source: Sandler,Travis & Rosenburg, P.A.