Uyghur Forced Labor Act Signed Into Law

Jan. 4, 2022

On December 23, 2021 President Biden signed the Uyghur Forced Labor Act into law. Key elements of the new law are discussed here.

Notably, the law directs the Forced Labor Enforcement Task Force to open a period of public comment on the best means to ensure that goods mined, produced, or manufactured using forced labor in China are not imported into the United States. This comment period is crucial for importers because it is an opportunity to distinguish legitimate trade from trade in forced labor goods and offers the potential to shape policies and procedures used in future Customs enforcement. Informed in part by the comment period, the Forced Labor Enforcement Task Force has 180 days to develop due diligence guidance identifying the evidence importers would need to prove goods are not made with forced labor. This guidance is significant because, effective 180 days after enactment, there is now a rebuttable presumption that imports made (in whole or in part) in the Xinjiang Uyghur Autonomous Region of China are made from forced labor. To overcome the presumption, among other requirements, importers must fully comply with the forced labor guidance.

Do not hesitate to contact any attorney at Barnes, Richardson & Colburn, LLP if you have any questions about forced labor issues, including participating in the comment period, or any other import or export question.