On January 24, 2022, the Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force (Task Force), issued a request for public comments on “how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are not imported into the United States.” Pursuant to the recently enacted Uyghur Forced Labor Prevention Act (see Update of January 12, 2022), the Task Force is developing due diligence guidance of methods to determine how best to ensure that goods produced in whole or in part using forced labor in China are not imported into the United States. This is part of an ongoing and concerted U.S. government effort to address the use of state-sponsored forced labor in China’s Xinjiang Uyghur Autonomous Region (“Xinjiang”).
Specifically, the Task Force is seeking comment and date that provide “sufficient information to understand and assess concerns related to the risk of importing goods, wares, articles and merchandise mined, produced, or manufactured from specific regions, sectors, facilities, and entities in the People’s Republic of China”, noting that proposed “approaches and measures to implement the UFLPA should be as detailed as practicable.” The full request for public comments provides a list of 18 detailed questions that the public is invited submit comments. These questions, however, are not intended to restrict any issues that commenters may wish to address.
Comments must be received no later than March 10, 2022, and must be filed electronically on Docket No. DHS–2022–0001, through the Federal eRulemaking Portal at https://www.regulations.gov.
After receiving comments, the Task Force will conduct a public hearing and develop a strategy for supporting enforcement of section 307 of the Tariff Act of 1930.