The Uyghur Forced Labor Prevention Act creates a rebuttable presumption that goods made wholly or in part in Xinjiang, or by an entity on the UFLPA Entity List, were made with forced labor and are barred from entry. The importer must prove otherwise by clear and convincing evidence, a higher bar than most importers expect.
The presumption, and what it reverses
The Uyghur Forced Labor Prevention Act, Public Law 117-78, was signed December 23, 2021, and took effect June 21, 2022. Its core mechanism is a rebuttable presumption: goods mined, produced, or manufactured wholly or in part in Xinjiang, or by an entity on the UFLPA Entity List, are presumed to be made with forced labor and are barred from entry under 19 USC 1307.
The reversal is the point. Normally, CBP has to prove a violation. Under UFLPA, the goods are presumed barred, and the importer has to prove they are not. The burden moved from the government to the importer, and it moved all at once, which is why so many importers were caught flat-footed when the first detentions landed.
Clear and convincing evidence, and what it actually takes
The standard is clear and convincing evidence, which sits between preponderance of the evidence and beyond a reasonable doubt. In practice, it means a complete supply chain map, from the raw material to the finished good, with documents at every tier. A certificate from your direct supplier is not enough, because your direct supplier is Tier 1, and the forced labor risk sits in Tier 2, Tier 3, and the raw material origin.
CBP detains goods for up to 30 days, renewable, while the importer assembles the evidence. If the evidence does not meet the standard, the goods are excluded. The detention is not a delay, it is a deadline, and the importers who survive it are the ones who mapped their supply chains before the shipment left, not after it was detained.
The Entity List, now 190 names
The UFLPA Entity List is maintained by the Forced Labor Enforcement Task Force, chaired by the Department of Homeland Security. As of October 29, 2026, it holds 190 entities, after a Federal Register notice added BGI Genomics, MGI Tech, and Shenzhen BGI Technology, among others. Any good produced by a listed entity, in whole or in part, triggers the presumption.
The list grows, and it grows without much warning. An importer who checked the list in January and never checked again can find a supplier added in October, and the goods detained in November. The check has to be a habit, not a one-time task, and it has to cover the supplier's suppliers, not just the supplier.
The high-risk goods, and the traceability gap
The high-risk sectors are well known: polysilicon, cotton, tomatoes, and PVC. About 45 percent of global polysilicon production sits in Xinjiang, which makes solar supply chains the most exposed category in the law. Cotton and tomatoes follow the same pattern: a raw material concentrated in the region, feeding into finished goods sold everywhere.
The traceability gap is the real problem. Most importers can trace Tier 1, the factory that made the finished good. Few can trace to the raw material, and the presumption applies to goods made in part in Xinjiang, which means a single input from the region taints the whole shipment. Multi-tier traceability to the raw material is the only defense, and it is the defense most importers do not have.
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Frequently asked questions
What is the UFLPA?
The Uyghur Forced Labor Prevention Act, signed December 23, 2021 and effective June 21, 2022. It presumes goods made wholly or in part in Xinjiang, or by an entity on the UFLPA Entity List, were made with forced labor and bars them from entry.
What does rebuttable presumption mean for importers?
The goods are presumed barred, and the importer must prove otherwise by clear and convincing evidence. The burden is on the importer, not on CBP, which reverses the normal order of proof.
How long can CBP detain goods under UFLPA?
CBP detains goods for up to 30 days, renewable, while the importer assembles evidence. If the evidence does not meet the clear and convincing standard, the goods are excluded.
What is the UFLPA Entity List?
A list of entities maintained by the Forced Labor Enforcement Task Force, chaired by DHS. As of October 29, 2026, it holds 190 entities. Goods produced by a listed entity, in whole or in part, trigger the presumption.