Under the Uyghur Forced Labor Prevention Act, goods made wholly or in part in Xinjiang are presumed to be made with forced labor and are barred from entry unless the importer proves otherwise. On top of that, a Section 301 forced labor duty of 12.5 percent has applied since July 24, 2026. The detention risk sits in the supply chain, not the entry paperwork.
The presumption that flips the burden
The UFLPA flips the usual burden of proof. Normally, CBP has to prove a violation before it can act. Under the UFLPA, goods made wholly or in part in the Xinjiang Uyghur Autonomous Region are presumed to be made with forced labor, and they are barred from entry unless the importer proves otherwise. The importer does not wait for CBP to make a case. The importer has to make the case that the goods are clean, and the case has to be made with supply chain evidence, not with a certificate from the supplier.
The duty adds a second layer. A Section 301 forced labor duty of 12.5 percent has applied since July 24, 2026, and it stacks on top of the MFN rate, the Section 301 list duties, and any Section 232 rate that applies. An importer who has not mapped the supply chain will pay the duty on goods that should not have been sourced from the region, and an importer who has mapped it will know before the shipment sails whether the goods are at risk.
Related reading on this site: TariffWatch HQ and Customs Audits: The Focused Assessment and What Triggers One cover the neighbouring problems in more depth.
What detention actually looks like
Detention is not a fine. It is a hold, and the shipment sits at the port while CBP reviews the supply chain evidence. The demurrage clock keeps running while it lasts, which means the detention costs money every day it continues, on top of the duty that may be due. A shipment detained for a week can cost more in demurrage than the duty on the goods, and a shipment detained for a month can cost more than the goods themselves.
The review turns on the supply chain map: the names and locations of every supplier, the origin of the raw materials, and the documentation that traces the goods back to the source. A certificate from a supplier is not enough on its own. CBP wants the chain, not the claim. An importer who cannot produce the chain will see the goods excluded, and the exclusion is a decision that follows the shipment, not a fine that can be paid and forgotten.
The supply chain map you need before the shipment sails
The map has to be built before the shipment sails, not after it is detained. It starts with the supplier list: every supplier, every location, and every material they provide. It continues with the origin of the raw materials: where the cotton was grown, where the polysilicon was made, where the components were assembled. It ends with the documentation that ties the two together: purchase orders, invoices, and shipping records that show the chain from the source to the finished good.
The importers who are ready for this are the ones who built the map as a standing document, updated with every supplier change, and reviewed before every shipment. The importers who are not ready are the ones who will build the map after the detention, while the demurrage clock runs. The difference is not the quality of the map. It is the timing, and the timing is the whole game.
Frequently asked questions
What is UFLPA?
The Uyghur Forced Labor Prevention Act. It creates a rebuttable presumption that goods made wholly or in part in the Xinjiang Uyghur Autonomous Region are made with forced labor and are barred from entry into the United States unless the importer proves otherwise.
What is the Section 301 forced labor duty?
A 12.5 percent duty on Chinese goods under the Section 301 forced labor investigation, in effect since July 24, 2026. It stacks on top of the MFN rate, the Section 301 list duties, and any Section 232 rate that applies.
What happens if CBP detains my shipment?
The shipment is held at the port while CBP reviews the supply chain evidence. If the importer cannot rebut the presumption, the goods are excluded. Detention is not a fine, it is a hold, and the demurrage clock keeps running while it lasts.
How do I prove my goods are not made with forced labor?
With supply chain mapping: the names and locations of every supplier, the origin of the raw materials, and documentation that traces the goods back to the source. A certificate from a supplier is not enough on its own. CBP wants the chain, not the claim.