Aluminum, PVC and Seafood new UFLPA Priorities

The Forced Labor Enforcement Task Force (FLETF), released an updated Uyghur Forced Labor Prevention Act (UFLPA) Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China (PRC).

This update to the UFLPA Strategy highlights enforcement of the UFLPA’s rebuttable presumption, which prohibits goods from being imported into the United States that are either produced in Xinjiang, or by entities identified on the UFLPA Entity List, unless the importer can prove, by clear and convincing evidence, the goods were not produced with forced labor.

Notably in this year’s strategy, the FLETF has identified new high priority sectors for enforcement – aluminum, polyvinyl chloride (PVC), and seafood – for the first time since 2022.

These industries were identified due to higher risk of forced labor or state labor transfer of Uyghurs and other ethnic minorities from the Xinjiang Uyghur Autonomous Region (XUAR).

The FLETF continues to designate apparel, cotton and cotton products, silica-based products including polysilicon, and tomatoes and downstream products as high priority sectors.

“Forced labor is a form of modern slavery, and the Department of Homeland Security is committed to eradicating it from our supply chains,” said Secretary of Homeland Security Alejandro N. Mayorkas. 

Originally published in June 2022, the UFLPA Strategy outlines a multi-pronged approach to combating forced labor in global supply chains. This year’s updates outline FLETF initiatives, including enforcement by U.S. Customs and Border Protection; expansion of the UFLPA Entity List; new high priority sectors for enforcement; and greater collaboration with stakeholders.

The updated Strategy comes after DHS recently added three new entities to the UFLPA Entity List, bringing the total number of PRC-based companies whose goods are restricted from entering the United States to 68.

A DHS fact sheet released July 9th details the impact of forced labor enforcement efforts and highlights updates in the latest UFLPA Strategy.  

Entities in these sectors will be prioritized for review by the FLETF for a variety of enforcement actions: inclusion on the UFLPA Entity List, export limitations, economic sanctions, and visa restrictions.

Identifying high priority sectors also allows importers to focus their due diligence efforts on supply chains that intersect with these sectors, supporting compliance and keeping goods from forced labor out of U.S. markets.

Additionally, the strategy highlights a significantly expanded UFLPA Entity List, from the initial 20 entities named in the 2022 Strategy to 68 entities as of the date of these Updates.

“Two years into the implementation of UFLPA, CBP and DHS efforts are making an impact against the scourge of forced labor. Businesses are shifting behavior to ensure their supply chains are free of goods made with forced labor, which protects workers and strengthens our nation’s economic security,” said Troy A. Miller, CBP Senior Official Performing the Duties of the Commissioner. “Thus far, CBP has denied entry to nearly 3,500 such shipments valued at over $695 million. Our enforcement efforts will continue, as will our engagement with our key stakeholders to reinforce the shared imperative of this work.”

[UFLPA Strategy]