Customs Highlights Differences Between Uyghur Act and WROs

May 24, 2022
By: David G. Forgue

We have written extensively about enforcement in the area of importation of goods made using forced labor. You can see that here, here, and here, as well as in numerous earlier articles. Ensuring that your supply chain does not contain any material produced using forced labor is one of the biggest issues facing importers in 2022 and for the foreseeable future.

One underappreciated fact is that there are (at least) two ways goods can be detained for forced labor, and the process for enforcement is not the same for both. Helpfully, Customs has issued this chart (pdf) comparing enforcement under the Uyghur Forced Labor Prevention Act (UFLPA) and under the standard Withhold Release Order.


 

Importers should first note on any communication from Customs regarding a detention the authority under which the detention is made. The UFLPA detention is made under 19 CFR 151.16, while WRO detention is made under 19 CFR 12.42(e). This is important because the UFLPA has a 30 days period to appeal a detention while a WRO has a three month period. Given the complexity of addressing forced labor allegations, it is very important to know how quickly an importer must act. It is also important because detentions under UFLPA face a much higher level of evidence to convince Customs to release the goods as compared to WRO detentions.

It is also important to note that articles currently under a WRO that would qualify for detention under UFLPA will be detained under UFLPA once the law is implemented. This means that if a good is from Xinjiang and under a WRO now, starting on June 21 it will be detained under UFLPA, with it’s shorter timeframes and higher level of proof required.

While there are other important difference in enforcement, it is vital that importers understand the law under which their goods are detained in order to ensure their rights are preserved. If you have any questions about detentions of your imports, forced labor, or any other Customs related issue, do not hesitate to contact any attorney at Barnes, Richardson & Colburn, LLP.