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Import / Export News    For inquiries call 602.273.0912   
 
CBP Preparing to Enforce Forthcoming Ban on Imports Made in Xinjiang, China

U.S. Customs and Border Protection is starting to position itself to effectively enforce a ban on imports of all goods made in whole or in part from any good from the Xinjiang Uyghur Autonomous Region in China, which takes effect June 21.

The Uyghur Forced Labor Prevention Act effectively deems all goods mined, produced, or manufactured in the XUAR to be produced by forced labor in China. Under this law, imports of such goods will be banned unless CBP determines that (1) the importer of record has fully complied with relevant guidance to be provided by CBP, as well as any regulations issued to implement that guidance, (2) the importer has completely and substantively responded to all inquiries for information submitted by CBP to ascertain whether the goods were made wholly or in part with forced labor, and (3) by clear and convincing evidence, the goods were not made wholly or in part by forced labor.

Under the UFLPA even companies not importing directly from China may have goods detained if the materials used to produce those goods in a second country are tied at any level to the XUAR or specific entities or commodities associated with forced labor in China.

CBP announced recently that in advance of the June 21 effective date of the UFLPA it will be issuing letters to importers identified as having previously imported goods that may be subject to this law to encourage them to address any forced labor issues in their supply chains in a timely manner.

However, CBP emphasized that if an importer does not receive such a letter this does not mean its supply chain is free of forced labor. All importers are expected to review their supply chains thoroughly, CBP said, and institute reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor).

Sandler, Travis and Rosenberg offers a comprehensive suite of services to help companies address forced labor concerns in China and elsewhere, including supply chain reviews, due diligence strategies, and proactive remediation. STandR also maintains a frequently updated web page offering a broad range of information on forced labor-related efforts in the U.S. and around the world. For more information, please contact STandR at supplychainvisibility@strtrade.com.

https://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/april/cbp-preparing-to-enforce-forthcoming-ban-on-imports-made-in-xinjiang-china?mkt_tok=NzIzLVdPWi00NDYAAAGDw30GukpmIkBKEEG



NCBFAA ALERT: Ignore CBP Robocall Scam

Some of our members have received robocalls stating that, "This is U.S. Customs and we have found drugs in a shipment with your name, please press 1 for a CBP officer."

This is obviously a scam, so please hang up and ignore. Customs and Border Protection does NOT utilize robocalls!

NCBFAA continues to remind our members to also disregard and delete phishing emails.

Always check the sender email carefully and avoid responding to any questionable emails. NCBFAA only sends from KNOWN email addresses and we never text. We also never ask for money, gift cards or donations.

NCBFAA continues to work hard to stop spammers!

ncbfaa.org



Importer Security Filing

On January 26, 2010 You MUST File a 10+2 or Face Penalties!

U.S. Customs and Border Protection is serious. On January 26, 2010 they will start issuing penalties for failure to comply with the Importer Security Filing (ISF), also known as the 10+2. We can file for you or your shipper overseas can do it, but someone must. Failure to file will result in a $5,000 per violation penalty. You can also be fined for filing incomplete or wrong information. Therefore, the total penalty per shipment could be as much as $10,000.00.

Customs' regulations require that this information be filed 24 hours prior to the loading of the vessel. In order for us to accomplish this, we need to receive the documents 4 days before departure of the vessel. This will give us ample time to file and save you from facing a penalty. If there are any corrections we will need that information immediately so we can update the information with Customs. I cannot state enough that this is YOUR responsibility and YOUR penalty.

U.S. Customs is also requiring an additional bond for the ISF. This can be done with a single ISF bond, which will carry an additional charge. The shipment and ISF can also be bonded with a continuous transaction bond.

Arizona Customs Brokers is here to assist you with this filing and the bond. On our website, arizonacustomsbrokers.com, you can download "The Importer Security Filing Data Sheet", found under forms. We have setup a special email address for you or your overseas partner to send the form and documents. This address is isf@arizonacustomsbrokers.com. If you have any questions regarding the ISF or bonding requirements please give Robert Hornyan a call at 602-273-0912. We are here to assist you and keep you penalty free.



Import Ban on Goods From Xinjiang, China, Takes Effect in Three Months

Under a new law the U.S. will ban imports of all goods made in whole or in part from any good from the Xinjiang Uyghur Autonomous Region in China, effective June 21, 2022. Companies need to use the next 180 days to ensure their supply chains do not include such goods.

President Biden signed into law Dec. 23 the Uyghur Forced Labor Prevention Act, which effectively deems all goods mined, produced, or manufactured in the XUAR to be produced by forced labor in China. Even those not importing directly from China may have goods detained if the materials used to produce the imported goods in a second country are tied at any level to XUAR or specific entities or commodities associated with forced labor in China.

Under this law, imports of goods from the XUAR will be banned unless U.S. Customs and Border Protection determines that:

1. the importer of record has fully complied with relevant guidance to be provided by CBP, as well as any regulations issued to implement that guidance-
2. the importer has completely and substantively responded to all inquiries for information submitted by CBP to ascertain whether the goods were made wholly or in part with forced labor- and
3. by clear and convincing evidence, the goods were not made wholly or in part by forced labor.

Any good from the XUAR that thus overcomes the rebuttable presumption of being made with forced labor will be included in a public list to be issued by CBP 30 days after making such determination.

Further, an interagency Forced Labor Enforcement Task Force will have to develop a strategy to prevent the importation of forced labor goods from China along with the following lists.

1. entities in the XUAR that produce goods with forced labor
2. entities working with the government of the XUAR to recruit, transport, transfer, harbor, or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the XUAR
3. products made wholly or in part by such entities
4. entities that exported products made with forced labor from China to the U.S.
5. facilities and entities, including the Xinjiang Production and Construction Corps, that source material from the XUAR or persons working with the government of the XUAR or the XPCC for purposes of a poverty alleviation program or pairing-assistance program or any other government labor scheme that uses forced labor

The Task Force must seek public input no later than Jan. 24, 2022, and the public will be given no less than 45 days to submit comments. A public hearing must be held within 45 days after the close of the public comment period.

The State Department must then submit a report to Congress by March 23, 2022, that provides a strategy to address forced labor in the XUAR along with lists of (1) entities in China or affiliates that use or benefit from forced labor in the XUAR and (2) foreign persons that acted as agents of such entities or affiliates to import goods into the U.S. The final strategy to be developed by the Task Force must be in place by June 21, 2022.

Importantly, the UFLPA calls for the Task Force to provide guidance to importers with respect to the following.

due diligence, effective supply chain tracing, and supply chain management measures to ensure they do not import any goods made with forced labor from mainland China and especially from the XUAR

1. the type, nature, and extent of evidence that demonstrates that goods originating in mainland China were not made wholly or in part in the XUAR
2. the type, nature, and extent of evidence that demonstrates that goods originating mainland China, including goods detained or seized pursuant to Section 307, were not made wholly or in part with forced labor

Sandler, Travis and Rosenberg, P.A., has developed a program to help companies review their supply chain visibility. The STR program first provides a stocktaking of procedures, policies, and programs in place to evaluate the level of due diligence and reasonable care. Next is testing and tracking to review a shipment to determine if the procedures in place can timely provide the necessary documents to CBP to rebut a claim of forced labor. Finally, STandR will assist in responding to any CBP-issued detentions.

For more information on this program, please contact Elise Shibles (at (415) 490-1403 or via email), Amanda Levitt (at (212) 549-0148) or via email), or David Olave (at (202) 730-4960 or via email).

https://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/december/u-s-to-ban-goods-made-in-xinjiang-china?mkt_tok=NzIzLVdPWi00NDYAAAGDYaWfEOsYRuO7qtiDogZZsipEc6LrKVyMgdskhDOaC8XIDTM


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