New customs rules for importing goods made in China into the U.S.

Since June, the import of goods produced in whole or in part in Xinjiang or by companies that promote forced labor in China has been banned

It is illegal in the United States to import goods made with slave labor, and for products coming from the region of Xinjiang (China), import rules are about to become even stricter. The measure against forced labor signed by President Biden aims to hold companies active in the U.S. market accountable at all levels of the supply chain: soon, in fact, those exporting goods from China will have to prove that they do not use forced labor before importing the goods into the United States.

The supply chains of energy, textile, and agricultural companies have been subjected to numerous audits, and these sectors are working to eliminate all traces of forced labor. Xinjiang produces one-fifth of worldwide cotton and 45% of essential material for making solar panels and is also a major supplier of coal, oil, gold, and aluminum. This means that many companies involved in importing and selling to the U.S. will need to check for possible ties to the Xinjiang region to have a transparent and compliant supply chain.

The UFLPA (Uyghur Forced Labor Prevention Act) will go into effect on June 21, 2022. You can read the full English-language version of the bill here: https://www.congress.gov/bill/117th-congress/house-bill/1155/text

U.S. Import Customs

Guidelines for importing items extracted, produced, or manufactured in Xinjiang to the U.S. market

The U.S. government is strategizing to support the implementation of a law that will effectively ban the import of a considerable amount of products from China into the U.S. market. Specifically, those who import from China to sell in the United States will have to follow guidelines regarding:

• due diligence and supply chain management measures required when using Chinese labor;
• evidence showing that the items were not produced in Xinjiang;
• evidence showing that products to be imported into the U.S. from China were not produced using forced labor.

The presumption that the importing company violates the law against forced labor can be overcome if the CBP (Customs and Border Protection) determines that:

• the importer complied with the guide on supply chain management measures and
• there is good evidence to show that goods produced in China did not come from Xinjiang and did not require forced labor.

If the U.S. Customs presumption is overcome, the goods can be imported into the United States.