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ARTICLE · 19 APRIL 2023

Nine Months In: What's Happening With Forced Labor Implementation & What's Next

Foley Hoag LLP
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Nine months after the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, the Biden Administration shows no signs of easing up on its tenacious enforcement of the Act's import ban.

United StatesGovernment, Public Sector
Isa Mirza
Isa Mirza
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Nine months after the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, the Biden Administration shows no signs of easing up on its tenacious enforcement of the Act's import ban. At the same time, the Administration's approach is still developing and it will take more data collection, multi-stakeholder information sharing, as well as insights from U.S. Customs and Border Protection's (CBP) own shipment reviews before industry sees a more predictable and stable enforcement regime.

In effect since June 2022, the UFLPA amended Section 307 of the Tariff Act by providing CBP with powerful new authorities to detain and seize imports made in any way with the forced labor of persecuted religious and ethnic minority communities in China. While the Act is heavily focused on the Uyghur peoples in the Xinjiang region, it is important to bear in mind that the statute is ultimately aimed at forced labor inputs from all religious and ethnic minority groups throughout Chi

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