Introduction

Forced labor enforcement has become one of the most disruptive compliance risks facing US importers today. Since the Uyghur Forced Labor Prevention Act came into force, US Customs and Border Protection has dramatically increased detentions across a wide range of industries, from apparel and electronics to automotive and industrial goods. Many companies still underestimate how aggressively the law is applied.

Under UFLPA, the burden of proof sits entirely with the importer. Even businesses with long-standing suppliers now face shipment delays, storage costs, and potential seizures. Understanding the law, identifying supply chain risks early, and working with an experienced US customs lawyer are now essential steps for protecting imports and maintaining operational continuity.

What the Uyghur Forced Labor Prevention Act Requires

The Uyghur Forced Labor Prevention Act establishes a rebuttable presumption that any goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region involve forced labor. US Customs automatically assumes such goods are prohibited from entry unless the importer can prove otherwise.

This legal standard is far stricter than traditional customs enforcement. Importers must provide clear and convincing evidence showing that forced labor was not used at any stage of production, including raw materials and upstream processing. A US customs lawyer typically advises importers to treat UFLPA compliance as a supply chain transparency obligation rather than a paperwork exercise at the port.

The law also applies to entities placed on the UFLPA Entity List, meaning goods linked to certain companies may be detained regardless of geography. This expanded scope makes proactive compliance critical.

Supply Chain Red Flags

CBP relies on specific indicators when selecting shipments for UFLPA review. Importers who understand these red flags are better positioned to prevent detentions before they occur.

Key risk indicators include:

• Limited supply chain transparency, especially when suppliers refuse to disclose sub-suppliers or raw material sources. This lack of visibility often leads to immediate detention.

• Use of high-risk inputs such as cotton, polysilicon, aluminum, or certain chemicals. These materials trigger scrutiny even if final assembly occurs outside China.

• Inconsistencies across commercial invoices, bills of lading, and manufacturing records. Even small discrepancies can raise forced labor concerns.

A forced labor attorney helps importers identify and mitigate these risks by reviewing supplier relationships and documentation well before shipment.

How Customs Lawyers Respond to Detentions

When CBP detains goods under UFLPA, the response window is limited. Importers usually have 30 days to submit evidence rebutting the forced labor presumption. The quality and structure of this response often determine whether goods are released or seized.

A US customs lawyer begins by analyzing the detention notice and identifying the specific basis for enforcement. Rather than submitting excessive documentation, the response focuses on targeted evidence tied directly to the alleged forced labor risk. Clear explanations supported by traceable records carry far more weight than volume alone.

An experienced UFLPA customs lawyer also manages communications with CBP, ensuring submissions align with agency guidance and enforcement priorities. This strategic approach improves the likelihood of release and reduces long-term compliance exposure.

Documentation Importers Must Maintain

Documentation is the foundation of UFLPA compliance. Importers must be able to demonstrate full traceability from raw materials to finished goods. Standard import records alone are insufficient.

Essential documentation includes:

• Supplier affidavits confirming no forced labor usage, supported by independent audits and verification data. CBP routinely rejects unsupported declarations.

• Detailed production records that link materials, components, and finished goods through each manufacturing stage. These records must be internally consistent.

• Transportation and logistics documentation showing movement between facilities. Missing or unclear transit records often raise suspicion of undisclosed production steps.

Customs lawyers frequently help importers organize and standardize these records so they are ready if a detention occurs.

How to Audit Suppliers for UFLPA Compliance

Supplier audits play a central role in forced labor compliance, but not all audits meet CBP expectations. Importers must ensure audits specifically address forced labor indicators rather than general labor standards.

Effective audits examine recruitment practices, worker mobility, wage payment systems, and any involvement in government labor transfer programs. Auditors should have experience with forced labor assessments and regional risk factors. A US customs lawyer often reviews audit scope and findings to confirm they align with UFLPA enforcement standards.

Regular audits, rather than one-time reviews, demonstrate ongoing compliance and strengthen an importer’s credibility with CBP.

The Role of Customs Lawyers in Long-Term Compliance

Beyond responding to detentions, customs lawyers help importers build durable compliance frameworks. This includes mapping supply chains, evaluating risk exposure, and developing internal controls that reduce the likelihood of enforcement actions.

A customs law firm often works alongside compliance teams to create standardized documentation processes, supplier training programs, and escalation protocols. These measures help importers respond faster and more effectively if CBP raises concerns. Experienced customs lawyers also monitor regulatory updates, ensuring compliance programs evolve with enforcement trends.

Case Example of a UFLPA Release Process

Consider an importer whose shipment of manufactured goods was detained due to suspected forced labor links in upstream materials. Although final assembly occurred outside China, CBP identified a supplier with indirect ties to a high-risk region.

Working with a UFLPA customs lawyer, the importer reconstructed the full supply chain, obtained third-party audit reports, and gathered transportation records confirming alternative sourcing. The submission included a clear narrative explaining production flow and material origin. CBP released the goods after review, avoiding seizure and ongoing enforcement.

This case illustrates how preparation, documentation, and legal strategy directly influence outcomes under UFLPA.

Why Importers Must Act Before Detention Happens

Reactive compliance is expensive. Detentions lead to storage fees, disrupted inventory, missed delivery deadlines, and strained customer relationships. In some cases, repeated detentions can trigger broader enforcement scrutiny.

Engaging a forced labor attorney early allows importers to assess risk before shipments move. Preventive steps include supplier vetting, documentation audits, and mock detention response planning. A proactive approach reduces both the frequency and severity of enforcement actions.

Importers working with experienced customs lawyers are better equipped to navigate inspections and maintain uninterrupted supply chains.

Conclusion

UFLPA enforcement has fundamentally changed how importers approach trade compliance. Avoiding detention now requires transparency, documentation, and legal expertise across the entire supply chain. Importers who understand the law and act early significantly reduce risk.

Working with an experienced US customs lawyer, supported by knowledgeable customs lawyers within a reputable customs law firm, ensures compliance efforts meet CBP expectations. As enforcement continues to expand, proactive forced labor compliance remains the most effective way to protect shipments and business operations.