UFLPA Detentions: What Importers Need to Know

The Uyghur Forced Labor Prevention Act (UFLPA), in force since June 21, 2022, creates a rebuttable presumption that goods mined, produced or manufactured wholly or in part in China's Xinjiang region, or by an entity on the UFLPA Entity List, are made with forced labor. Those goods are barred from entry under 19 U.S.C. 1307. CBP detains shipments it suspects are covered, and the importer must either show the goods fall outside the law or meet a high evidentiary bar to rebut the presumption.

What triggers a detention

• Inputs from Xinjiang anywhere in the supply chain, including raw materials such as cotton, polysilicon or aluminum.
• A supplier on the Entity List, or one connected to a listed entity.
• Priority sectors that CBP has named for enforcement.

Your options after detention

• Show the goods are outside the law, with full supply chain tracing to non-Xinjiang sources and no listed entities.
• Request an exception, which requires clear and convincing evidence that no forced labor was used, plus full cooperation with CBP.
• Export the goods out of the U.S.

The records that matter

• A supply chain map from raw material to finished good.
• Purchase orders, invoices and payment records at each tier.
• Production and transport records showing where each step happened.

Frequently asked questions

Does UFLPA apply to goods not made in China? Yes, if any input came from Xinjiang or a listed entity, even when the final product was made elsewhere.

Can a detention be protested? If CBP excludes the goods, the exclusion can be protested. See protests.

How Caspian helps

Caspian's compliance team maps origin data across your entries and flags supply chain risk. See our trade compliance services and country of origin.

Works Cited:

• 19 U.S.C. 1307, Convict-made goods; importation prohibited
• Congress.gov: H.R. 6256, Uyghur Forced Labor Prevention Act

This article is general information, not legal advice.