CBP has yet to release a single shipment detained under the Uyghur Forced Labor Prevention Act since the law took effect in June, a CBP official recently told online news and commentary site The Dispatch in an interview. Eric Choy, acting executive director of CBP’s Trade Remedy Law Enforcement Directorate, said the agency has yet to receive a request for UFLPA exception for goods from or connected to China’s Xinjiang region, though companies have attempted to demonstrate that detained goods are not from or tied to Xinjiang.
Between increased enforcement of the Uyghur Forced Labor Prevention Act and a proposed EU bill banning the sale of goods made with forced labor, Wiley lawyers predict supply chains will shift away from China and other forced labor hot spots.
CBP has been “strongly enforcing” the Uyghur Forced Labor Protection Act “right out of the gate” since it took effect in June, having already targeted 1,452 entries valued at $429 million under the new law, said Robert Silvers, Homeland Security undersecretary-strategy, policy and plans, in an interview with The Wall Street Journal published Sept. 27.
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Sen. Marco Rubio, R-Fla., the driving force in the Senate behind the Uyghur Forced Labor Prevention Act (UFLPA), is aware that Xinjiang goods -- even those labeled as coming from the state-owned Xinjiang Production and Construction Corps, which is on the banned entity list -- are entering U.S. commerce.
Twenty-seven House Republicans, led by Rep. Jim Banks of Indiana, asked CBP to defend its implementation of the Uyghur Forced Labor Prevention Act, in light of a recent report from the Uyghur Human Rights Project (see 2209060033). They asked if any red jujube dates from Xinjiang have entered the U.S. since June 21, and if so, how many shipments have done so.
The Uyghur Human Rights Project, a Washington, D.C.-based advocacy group, is asking shoppers at Asian and international supermarkets to watch out for red dates coming from Xinjiang, and to report the presence of those goods to CBP, as they violate the Uyghur Forced Labor Prevention Act.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely Sept. 14, CBP said in a notice. Comments are due in writing by Sept. 9.
CBP detained 2,010 shipments due to withhold release orders through June 30, the agency said in an update to its trade statistics page Aug. 19. CBP detained 1,469 shipments related to the WROs in fiscal year 2021. The value of the detained goods stopped in FY 2022 through June 30 is $357.8 million, it said. The value of detained goods in the previous fiscal year was $486 million.
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