Ask An Attorney - Updated UFLPA Enforcement Strategy
On July 9th, 2024, the Department of Homeland Security, as chair of 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. For the first time since 2022, the FLETF has identified new high priority sectors for enforcement: aluminum, polyvinyl chloride (PVC), and seafood. This is in addition to the previously identified sectors by the FLETF, i.e. apparel, cotton and cotton products, silica-based products (including polysilicon), and tomatoes and downstream products. In Homeland Security’s recent report to Congress, they stated:
"Another key milestone included in this report is the FLETF’s addition of new high-priority sectors for enforcement – polyvinyl chloride, aluminum and seafood – based on a finding that these industries involve a higher risk of forced labor of Uyghurs and members of other persecuted groups from the XUAR. These updates have been prepared pursuant to Section 2 of Public Law No. 117-78, An Act to ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes, otherwise known as the Uyghur Forced Labor Prevention Act (UFLPA)."
The FLETF’s actions coincide with the designation of more companies to the UFLPA Entity List, enforcement by CBP at our ports, focus on additional industry sectors, and continued engagement with industry and civil society. To date, CBP has denied entry to nearly 3,500 such shipments valued at over $695 million.
The trade community should review the details of this updated UFLPA enforcement effort and take steps to ensure compliance with the involved programs. If you have any questions, If you have any questions, contact Taylor Pillsbury at taylor.pillsbury@mscustoms.com; or Michael Jackson at michael.jackson@mscustoms.com or both at (949) 719-2712.