Customs Makes Clear That Clearing UFLPA Detained Products Is Very (Very) Difficult

Customs & Border Protection ("CBP") has made it clear that a UFLPA detention will not be easy to overcome, but recent comments from CBP make clear how high the hurdle is.

Many importers are becoming aware that preparing for the detention of imports from China under the Uyghur Forced Labor Detention Act ("UFLPA") is a challenge. However, recent comments from Customs officials at the Customs Symposium in Boston have made clear that the evidentiary hurdle to have detained merchandise released (presumably to avoid detention) is much higher than most realize. Most detentions for UFLPA enforcement require an extensive review by CBP officers, which likely will take longer than the statutory 30 days. It is felicitous that the legislation has also permitted two extensions of time for those importers seeking to demonstrate that their goods are free of forced labor. Importers should prepare to spend over a month, possibly two or three, to prove the admissibility of their