CBP Expands Forced Labor Priority Sectors

Trade Update • March 9, 2023

.S. Customs and Border Protection (CBP) has expanded the list of “priority sectors” for enforcement of forced labor violations under the Uyghur Forced Labor Prevention Act (UFLPA). Detentions for commodities such as palm oil have occurred, but now there is a focus on aluminum, cotton, tomatoes, polysilicon, and polyvinyl chloride (PVC) products.

The UFLPA requires CBP to presume that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is therefore prohibited from entry into the U.S. The presumption applies unless it is determined that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor.

PVC Products

Under the UFLPA, CBP is now detaining PVC products such as vinyl flooring and asking importers to trace these items back to their originating chemicals such as chlorine, carbon, and ethylene.

Other products made using PVC include, but are not limited to:

• Vinyl flooring
• Footwear
• Some clothing
• Bookbags
• Furniture

Withhold Release Orders

CBP actions violations through issuance of Withhold Release Orders (WRO) to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. Active WROs can be found here.

Other resources, including CBP’s Operational Guidance for Importers and the Forced Labor Enforcement Task Force Strategy are available on cbp.gov/trade/forced-labor/UFLPA.

Questions about the UFLPA and forced labor enforcement, and if your products are affected? We are always here to help, contact us.