UFLPA — Public Law 117-78
- Citation
- Public Law 117-78
- Jurisdiction
- US
- Made by
- U.S. Customs and Border Protection
- Instrument
- Statute
- Status
- In force
What it requires (3 obligations)
U.S. Customs and Border Protection applies a presumption that 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 an entity on a list required by section 2(d)(2)(B), are prohibited from importation under section 307 of the Tariff Act of 1930 and are not entitled to entry at any port of the United States.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Importers
- Products
- Textiles, apparel, home textiles, footwear
- Markets
- US
"Wholly or in part" is the phrase that decides scope for textiles: the presumption attaches to the INPUT, so a garment cut and sewn in a third country from Xinjiang cotton is within it. Last place of substantial transformation does not clear the presumption. It also reaches goods produced by a listed entity wherever located, which is a separate trigger from geography.
Quoted from section 3(a), paragraphs (1) and (2), Public Law 117-78, from the govinfo enrolled text.
The Commissioner applies the presumption unless satisfied that the importer of record has both fully complied with the guidance issued under section 2(d)(6) and any implementing regulations, and completely and substantively responded to all inquiries for information submitted by the Commissioner — and unless the importer shows, by clear and convincing evidence, that the goods were not mined, produced or manufactured wholly or in part with forced labour.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Importers
- Products
- Textiles, apparel, home textiles, footwear
- Markets
- US
Three tests, all required, and they are of different kinds. Two are about conduct — following the guidance, answering CBP fully — and the third is evidentiary. An importer that has done everything procedurally right still fails without clear and convincing evidence, which is a higher standard than the preponderance ordinarily applied in customs matters. The burden sits with the importer throughout.
Quoted from section 3(b), paragraphs (1)(A), (1)(B) and (2).
Not later than 30 days after determining that an exception applies, the Commissioner must submit to the appropriate congressional committees, and make available to the public, a report identifying the good and the evidence considered.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Importers
- Products
- Textiles, apparel, home textiles, footwear
- Markets
- US
Recorded because it changes what seeking an exception costs. The duty is on the Commissioner rather than the importer, but its effect lands on the importer: an exception is a public document naming the good and the evidence relied on. A supplier weighing whether to contest a detention is weighing publication of its own supply-chain evidence.
Quoted from section 3(c), "Report Required".
This is a register, not advice. It records what an instrument says and when it applies. Whether it applies to a particular company, product or shipment is a question for somebody who knows that business, and the answer is frequently not what the summary above would suggest.
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