ChinaTalk Xinjiang and US Imports: The UFLPA's Regulatory Revolution
May 22, 2022
John Foote, a partner and head of the customs practice at Kelley Drye & Warren, dives into the complexities of the Uyghur Forced Labor Prevention Act. He explains its implications for U.S. imports and how companies could face supply chain disruptions if their materials link back to Xinjiang. The discussion covers the evolving regulatory landscape, the historical context of forced labor laws, and the challenges importers face in proving compliance. Foote also highlights the difficulties surrounding customs seizures and the significant attention this issue demands.
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History of Forced Labor Import Ban
- The US has banned imports of forced labor-made goods since 1930, but a loophole existed. This loophole exempted goods if domestic production couldn't meet demand, rendering the ban largely ineffective.
Hat Makers' Lobbying
- Brooklyn hat makers lobbied for the initial ban on forced labor goods in the 1890s. They faced competition from cheaper, prison-made hats from Eastern Europe.
WRO Mechanism
- Withhold Release Orders (WROs) target goods made with forced labor, initially focusing on specific manufacturers. Importers must prove goods aren't made with forced labor to get them released.