Xinjiang Import Ban: How to Comply With the UFLPA

Animated image shows a figure standing beside planet earth. The earth is turned so that the region of China is visible and the province of Xinjiang is colored in to stand out. Caution tape around the planet provides a visual no access sign.
The Xinjiang import ban went into effect under the UFLPA and prohibits the import of all goods from that region. See what the risk are and how to keep your imports compliant.
January 20, 2022
Last Modified: October 11, 2024
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Importers sourcing goods from China need to be aware of the Uyghur Forced Labor Prevention Act (UFLPA). This act essentially bans the import of products originating in China’s Xinjiang Province. 

Key Takeaways:

  • The Xinjiang import ban impacts all items originating from that region, including materials exported out to other countries for processing.
  • Primary commodities from the region that importers should watch out for include cotton and polysilicon.
  • Provisions within the UFLPA allow CBP to automatically deny imports from Xinjiang until they receive proof of origin compliance. 
  • Importers and businesses are held responsible for keeping their product supply chains transparent and providing proof items don’t violate the UFLPA.

Read on to learn more about the specific products being impacted and how the ban might affect your business.

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Why Did the U.S. Ban Xinjiang Product Imports?

The ban on products from the People’s Republic of China (PRC) that originate in the Xinjiang Province is enforced as part of the effort to combat human rights abuses against Uyghur Muslims and other ethnic minorities in China

United Nations (UN) investigators revealed evidence of multiple human rights violations including the detainment of individuals in internment camps, forced labor, and forced sterilization.

This goes against Section 307 of the Tariff Act, which specifically prohibits the importation of goods produced entirely or in part through forced labor.

What is the UFLPA?

The Uyghur Forced Labor Prevention Act (UFLPA) was signed in December 2021 to specifically target the commodities of the Xinjiang Uyghur Autonomous Region (XUAR) of China. 

It enforces the same law as Section 307 against the import of products made with forced labor, but with provisions geared specifically towards the Xinjiang situation: 

  • Establishment of Rebuttable Presumption: All products from the Xinjiang region will be treated as though produced with forced labor, no specific evidence required. 
  • Burden of Proof: It’s the responsibility of the importer to refute the use of forced labor production with clear and convincing evidence proving otherwise.
  • Public Disclosure of Partner Entities: Companies must show who they source from or work with to promote transparency of product origins in multi-tiered production processes.
  • Proof of Compliance: Importers must show that they performed due diligence in researching their suppliers if the industries are among those flagged by the UFLPA.
  • The Forced Labor Enforcement Task Force (FLETF): The Department of Homeland Security (DHS) and other agencies, cooperate to monitor, investigate, and report those suspected of producing/entering goods produced with forced labor.
  • Establishment of a Known Entities List: The UFLPA Entity List contains various companies and organizations found to be using forced labor in any capacity or assisting in the movement of associated peoples and products of the Xinjiang region for such purpose. The list is maintained by the FLETF.

In addition to the import ban, the U.S. Departments of Commerce and Treasury has imposed restrictions on more than 30 Chinese research institutes and tech entities.

Any goods that arrive in the U.S. that fall under the Xinjiang import ban will be detained by Customs and Border Protection (CBP). Importers have 30 days to provide clear and convincing evidence that the goods were not made using forced labor. Otherwise, the Xinjiang products must be re-exported out of the U.S.

UFLPA Enity List Updates

When the entity list was initially released in 2022, there were only 20 entries. With the support of the current administration, that list was most recently updated July 2024 and now contains 68 specific entities

These are suppliers, manufacturers, or other sources of goods with known ties to the use of forced labor in the Xinjiang region. There is also a short list provided of commodities that run a higher than usual risk of being associated. 

Importers are urged to check this list regularly for changes and new inclusions. 

When Did the Uyghur Import Ban Go Into Effect?

Enforcement of UFLPA policies banning Xinjiang product imports went into effect on June 21, 2022. 

The ban will remain in effect until Dec. 23, 2029, or until the U.S. has definitive proof that human rights abuses have ended in the Xinjiang Province and its population is no longer being exploited.

What Imports Are Covered by the UFLPA? 

As mentioned, the UFLPA was drafted to be specific to products originating in whole or in part from the Xinjiang Province. 

The official language of the act specifically bans any goods “mined, produced or manufactured, wholly, or in part” in the Xinjiang region of China. In other words, any and all products, finished or raw, with ties to the region. 

This includes commodities imported from countries that are found to have sourced supplies from the region. 

While it may be easy enough to avoid direct imports from Xinjiang, it’s the ‘in part’ section of the act that presents the biggest challenge for importers. 

As a major source of several important raw materials exported by the PRC to manufacturing centers around the world, avoiding any and all products that might contain something of Xinjiang origin isn’t easy.

The current high-priority commodities being monitored by the UFLPA enforcement team include:

  • Apparel
  • Cotton products
  • Silica-based products
  • Tomatoes
  • Polyvinyl Chloride (PVC)
  • Seafood

These can be found across a variety of different products from specialized electronics to mass merchandise.

In the next sections, we’ll focus on two culprits you’ll need to watch out for due to both their volume and origin tracking challenges. 

Agricultural Imports: Xinjiang Cotton 

As the region with the second-largest pastureland in China and a vast abundance of arable land, Xinjiang supplies an abundance of agricultural products.

Of top concern to U.S. importers is the cotton grown and processed from the area.

First, consider that even before the UFLPA went into effect, the U.S. had imposed a Withhold Release Order (WRO) on Xinjiang cotton and other agricultural products due to evidence of the use of forced labor.

Second, we need to emphasize that cotton is used in a massive variety of products, ranging from textiles and clothing to paper-based items. Let’s look at one angle of this.

According to the Hong Kong Trade Development Council, the region’s cotton production accounts for nearly 90% of China's total cotton output. In 2022, the PRC exported roughly $12 billion in various cotton materials. That accounts for nearly 20% of the world’s cotton

Top export destinations that year were:

  • Bangladesh
  • Vietnam
  • Cambodia
  • Indonesia

That same year, the U.S. imported about $632 million worth of garments of cotton knit, just to pick one classification. Who were among the top suppliers? Vietnam, Bangladesh, and Indonesia. 

We’re not saying that those products were made with cotton from China, but we are saying that the possibility is higher when importing from that region compared to places like Mexico or Honduras. 

If you’re importing a product that contains cotton, especially textile and clothing, do a thorough check of your supplier’s background. 

Related: The Complete Guide to Importing Textiles to the US

Electronics Imports: Products Using Polysilicon

Electronics manufacturers rely on polysilicon for its efficient use as a conductor. Specifically, it’s one of the raw materials making solar panels more effective and therefore popular. 

According to trade data from UN Comtrade and the U.S. International Trade Commission, the Xinjiang region factories produce about 50% of China’s polysilicon. China also happens to be the top global manufacturer and exporter of solar panels, dominating about 80% of the market. 

Companies in the U.S. often have little choice in solar panel imports because of this. Since solar panel manufacturing uses so many components, keeping accurate track of the origins of a single raw material used is challenging, especially if it all happens in the same country.

In other words, proving that the polysilicon of a solar panel didn’t come from Xinjiang is a challenge in and off itself. 

For more information on this topic, read up on our article: Importing Solar Panels From China, India, and More

What Happens to Importers Who Don’t Comply with the Ban?

The U.S. Departments of State, Treasury, Commerce, Homeland Security and Labor make up the Xinjiang Supply Chain Business Advisory which provides a full explanation of the import ban and human rights abuses.

The advisory also clarifies what laws such companies would be violating if their products originate from Xinjiang, including:

  • Violation of statutes criminalizing forced labor 
  • Sanctions violations, if dealing with designated persons
  • Export control violations
  • Violation of the prohibition of importations of goods produced in whole or in part with forced labor or convict labor

These are serious crimes, and depending on the nature of the violation, the following consequences are possible:

  • Shipment seizure and forfeiture
  • Fines calculated based on the value of good, escalating in the event of multiple violations
  • Loss of import privileges as an individual or company
  • Criminal and civil charges

Simply put, it’s critical that your shipments and imports remain compliant with UFLPA constraints. 

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Who Enforces UFLPA Compliance?

U.S. CBP enforces the import ban as outlined by the UFLPA and current FLETF strategies. They prohibit the entry of all goods from Xinjiang, unless specifically requested. 

To streamline this process, CBP has updated their Automated Commercial Environment (ACE) entry submission system, adding a required postal code field. 

If an invalid Chinese postal code is entered, the importer will be given an error message. If a Xinjiang postal code is entered, the user will be given a warning. The intention is to provide an early notification to importers of goods that may have been produced in the Xinjiang region.

According to CBP, $750 million worth of imports has been denied entry to the U.S. since the Xinjiang ban went into full effect. 

That doesn’t represent the total value of shipments that have had to be stopped and inspected before release. We have the most recent numbers for those totals in the following graph.  

Of note to importers, the origin for the majority of the shipments, based on product value and regardless of whether they were allowed or denied, were the following countries:

  • Malaysia
  • Vietnam
  • Thailand
  • China
  • India

Malaysia alone has accounted for $1.55 billion worth of shipments that have needed to be detained for inspection, mostly for electronics. 

Make Sure Your Imports are UFLPA Compliant

Import bans are tricky to navigate, even when you have the best intentions. Because of how widespread Xinjiang products can be, you may not even know that your goods are being impacted by the ban. 

Working with an import specialist, like the ones at USA Customs Clearance, can give you peace of mind that your imports will be safely brought into the U.S.

Our team can help you review your documents, imports, and suppliers and ensure they are in compliance. 
Schedule a 1-on-1 consultation with our licensed professionals, or give us a call at (855) 912-0406 to get the help and answers you need.

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Latest comments (1)

joann adelmeyer

I am concerned about products (clothing) that are being imported with living larva of silk worms. I have identified an infestation within my home and on my body. This problem has been going on for approximate 3 years. I am sure I am not the only USA citizen experiencing this.

Could someone please look into this and contact me.

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