UFLPA Attachment to the Notice of Detention 

CBP sends an UFLPA Attachment to the Notice of Detention or ‘Addendum’ as a supplement to  a CBP detention notice issued to an importer upon detention of their shipment under the Uyghur  Forced Labor Prevention Act (UFLPA). CBP attaches the Addendum as an effort to provide  importers examples and best practices from former reviews that may be helpful in providing  supply chain documentation to request an applicability review.  

The Addendum provides examples of documentation importers may consider providing to CBP,  if they wish to prove their goods are not made in whole or in part with forced labor and to secure  release of their shipment. It is important to note that this list is not exhaustive nor is it a  reflection of the entirety of CBP’s efforts to enforce the UFLPA to ensure goods made with  forced labor are not imported into U.S. Commerce.

CBP appreciates your interest in this important issue. For more information on CBP’s efforts to  prevent goods produced with Forced Labor from entering U.S. commerce, please visit our  website at: https://www.cbp.gov/trade/forced-labor, which is regularly updated with the most up  to date information on CBP’s forced labor program. We also have the UFLPA Statistics  Dashboard which include data for shipments stopped for further inspection or enforcement  activity under UFLPA, shipments denied entry, and shipments released into U.S. commerce. It  also provides industry-specific and country of origin data.

CUSTOMS AND BORDER

PROTECTION

UFLPA Attachment to the Notice of Detention

Detention Number:____________________

Port Code:___________________________ Port Name:__________________________ Date of Detention:_____________________

Entry Number:_______________________ Line Number:________________________ Broker/Importer:____________________________________________________________ Description of Merchandise: ___________________________________________________

Reason for Detention:

This immediate shipment has been identified as potentially being manufactured in the Xinjiang  Uyghur Autonomous Region (Xinjiang) of the People’s Republic of China (PRC), or by entities  identified by the U.S. government on a Uyghur Forced Labor Prevention Act (UFLPA) entities  list, or with inputs from the Xinjiang.

As such, this merchandise may be subject to the UFLPA, (Pub. L. 117-78), (22 U.S.C. § 6901),  and Section 307 of the Tariff Act of 1930, 19 U.S.C. § 1307, and is detained in accordance with  19 U.S.C §1499(c). If during the period of detention CBP ultimately determines the  merchandise is subject to the UFLPA, the merchandise will be prohibited from entering the  United States, as it will be presumed to have been produced, wholly or in part, using forced  labor. The UFLPA creates a presumption that imports of all goods, wares, articles, and  merchandise mined, produced, or manufactured wholly or in part in the Xinjiang, or by entities  identified by the U.S. government on a UFLPA entities list, are made with forced labor and are  prohibited from entry into the United States. The presumption also applies to goods made in, or  shipped through, the PRC and other countries that include inputs made in Xinjiang.  

The importer may request an exception to the presumption or assert a claim that the goods are  not within the purview of the UFLPA, by providing to CBP, within 30 days from the date of this  notice, a written response to the detention. A request for an exception to the presumption must  contain the information required by Section 3(b) of the UFLPA.  

The importer must consult the Strategy to Prevent the Importation of Goods Mined, Produced, or  Manufactured with Forced Labor in the People’s Republic of China (UFLPA Strategy),  published by the Department of Homeland Security (DHS), in its role as the chair of the Forced  Labor Enforcement Task Force (FLETF), on June 21, 2022, for compliance with specific  importer guidance as required by the UFLPA.

The importer may submit a request to the Port Director to request an extension to the 30 days to  provide documentation before the end of the detention period. The importer may also seek  approval from the CBP Port of Entry to export the merchandise at any time during the detention  process.  

Where CBP applies the rebuttable presumption to a shipment, the importer must (1) fully  comply with the due diligence, effective supply chain tracing, and supply chain management  measures contained in the UFLPA Strategy; (2) completely and substantively respond to all CBP  requests to ascertain whether the goods were mined, produced or manufactured wholly or in part  with forced labor; and (3) and demonstrate by clear and convincing evidence that the good, ware,  article, or merchandise was not mined, produced, or manufactured wholly or in part by forced

UFLPA Attachment to the Notice of Detention  

labor, to overcome the presumption. These requirements extend throughout the entire supply  chain, to include goods that may be shipped to third countries for further processing.  

Alternatively, if the importer believes that their detained merchandise is not subject to the  UFLPA, the importer may provide information to CBP to that effect, i.e., information that the  imported goods and their inputs are sourced completely from outside Xinjiang and have no  connection to entities on the UFLPA Entity List. The importer must provide documentation that  substantiates the absence of inputs subject to UFLPA from its supply chain. (Refer to Section IV  of the CBP operational guidance document for a non-exhaustive list of documents that CBP may  request from the importer.)  

The importer must submit documentation to CBP via the Document Image System (DIS) or  submit it to their assigned Center of Excellence and Expertise with a copy to the port of entry  where shipment is detained.  

If the importer provides sufficient evidence to overcome the UFLPA presumption of forced  labor, or provides sufficient information that demonstrates the UFLPA is not applicable to the  shipment, and there are no other admissibility concerns, CBP will release the shipment..  

Additional Information/Action Requested of Importer:

The importer must provide sufficient documentation to trace the entire supply chain from the raw  materials to the processing of downstream products to the merchandise imported into the United  States. Identify all parties involved and provide a list of suppliers with names and addresses, a  flow chart of the production process, and maps of the country and/or region where each part of  the product originated. The importer must also provide sufficient document to demonstrate that  the goods were not mined, produced, or manufactured wholly or in part with forced labor.  Specific examples of relevant documentation may include:  

▪ Certificates of origin  

▪ Purchase orders, invoices, and proof of payment  

▪ Packing lists  

▪ Payment records  

▪ Bills of lading  

▪ Shipping records  

▪ Production records  

▪ Inventory records supporting production  

▪ List of production steps and chain of custody records for the imported merchandise  ▪ Transportation documents  

▪ Daily manufacturing process reports  

The above is not an exhaustive list and submission of the identified production and supply chain  information does not guarantee release as CBP continues to investigate and identify  circumstances of forced labor and connected entities which could result in the exclusion or  seizure of the merchandise. Importer should consult the UFLPA Strategy and CBP’s importer  guidance. Additional guidance on supply chain tracing for certain commodity types is provided  in the addendum below. Additional guidance for UFLPA and forced labor can be found on the  CBP website https://www.cbp.gov/trade/forced-labor/UFLPA.

UFLPA Attachment to the Notice of Detention

Tests or Inquiries to be Conducted: _______________________________________

Requested by (Date):  

Supporting documentation should be submitted in English, with original copies attached to  translated versions when applicable, and provided within 30 days from the date in which the  cargo was presented for Customs exam. It is preferred that all supporting documents are sent to CBP in a single submission, but the importer may choose to notify CBP at the time of  submission if additional supporting documents are forthcoming.  

Name of Detaining Officer: __________________________________________________ CBP Point of Contact and Phone Number: _____________________________________  Date of Conditional Release & Location of Good: ________________________________ Additional Remarks: ________________________________________________________

UFLPA Attachment to the Notice of Detention

Addendum: Commodity Specific Supplemental Supply Chain Tracing Information

Aluminum products

• Provide flowchart(s) of all manufacturing steps and distinguish what company performs each  step (if more than one company is involved in the production of the aluminum product and  finishing coats).

• Provide certificate(s) of origin or manufacturer’s affidavit attesting to the origin of each  material used to produce the aluminum product. Manufacturer’s affidavits should provide  the name of the entity and specific location where each material is mined, smelted, and  manufactured.  

• Provide raw materials invoices; purchase orders and proof of payment; production records;  and export documents and information.

• Provide details on the manufacturing process where the aluminum was produced into ingots  and billets.  

• Provide the location where the aluminum was further manufactured into extrusions, coils,  wire, or other aluminum products.

Batteries:

• Identify the imported battery type(s): Cylindrical, prismatic, pouch type, solid state, lead  acid, etc. (Depending on the battery type, certain processes or components listed below may  or may not be applicable.)

• Provide a complete list of raw materials, the country/region of origin of such materials and  the names and addresses of the respective manufacturers and /or suppliers invoices for  battery raw material and components, such as: Lithium iron phosphate, lead, graphite,  copper, positive/negative active material, carbon and binders, electrodes (anodes/cathodes),  collector foils, plates, separators, electrolyte and inactive components, printed circuit board  assemblies, wiring, thermistors, insulators, cell hardware, module hardware, battery jackets,  etc.  

• Provide a flowchart of the battery production process identifying all manufacturing parties  and each transformative step(s) in which each party performs, such as: Mineral/ore  extraction, slurry preparation, electrode coating and drying, electrode punching, secondary  vacuum drying, electrode stacking, vacuum sealing, electrolyte filling, pouch formation, tab formation, aging, testing and packing.  

• Provide a list of battery manufacturing equipment models owned by each manufacturing  party such as: Coating machines; vacuum mixers, dryers, calendaring/pressing machines,  slitters, stackers, winders, sealers, tab welders, electrolyte fillers and testing equipment.

• Provide all transportation documents between suppliers and manufacturers, including bills of  lading, delivery receipts and arrival notices through each phase of production indicating the  movement of all materials, components, sub-components, sub-assemblies, cells, and modules  through the finished product exported to the United States.  

Cotton products:  

• Provide sufficient documentation to show the entire supply chain, from the origin of the  cotton at the bale level to the final production of the finished product (i.e., harvesting  (cultivation/extraction), purification, finishing, conversion into final product).

UFLPA Attachment to the Notice of Detention

• Provide a flow chart of the production process and maps of the region where the production  processes occur. Number each step along the production process and number any additional  supporting documents associated with each step of the process.

• Identify all the parties involved in each step of the production process.  • Provide a list of suppliers associated with each step of the production process, including  names and contact information (addresses, email addresses, and phone number).

Polysilicon products:

• Importer needs to provide documentation produced in the ordinary course of business,  including complete records of transactions and supply chain documentation that demonstrate  all entities involved in the manufacture, manipulation, or export of a particular good, and the  country of origin of each material used in the production of the products back to the  suspected source of forced labor.

• Provide a flow chart mapping the production process of each step in the procurement and  production of all materials and identify the region where each material in the production  originated (i.e., location of the quartzite used to make polysilicon and the location of  manufacturing facilities where polysilicon is converted from ingots/wafters to solar cells and  solar modules and/or the supplier and location where metallurgical grade silica was  purchased).

Polyvinyl chloride (PVC) products:

• Provide sufficient documentation to show the entire supply chain, from the origin of the  Chlorine, Carbon, and Ethylene to the final production of the polyvinyl chloride (PVC).  • Provide a flow chart of the production process and maps of the region where the production  processes occur with all layers of PVC flooring including but not limited to PVC resins and  calcium carbonate. Number each step along the production process and provide  manufacturing records where the layers are laminated together under heat and pressure.  

Steel products

• Provide flowchart(s) of all manufacturing steps and distinguish what company performs each  step (if more than one company is involved in the production of the steel product). • Provide certificate(s) of origin or manufacturer’s affidavit attesting to the origin of each  material used to produce the steel products from the raw materials through finished  products. Manufacturer’s affidavits should provide the name of the entity and specific  location where each material is mined, sinister, blast furnace, basic oxygen furnace (BOF) or  Electric Arc Furnace (EAF,) refined, continuous cast into semi-finished products, reheated  and hot rolled, then produced into long products (rods/bars, sections) and flat products (plate,  hot rolled coils, welded tubes, and light gage products.

• Provide raw materials invoices; purchase orders and proof of payment; production records;  and export documents and information.

• Provide details on the manufacturing processes.  

• Provide the location where the iron was further manufactured into semi-finished, steel, and/or  stainless steel.

• Provide bills of lading and/or other documents tracing the movement of the inputs through  export to the United States.

UFLPA Attachment to the Notice of Detention

Tires for automobiles and trucks

• Provide sufficient documentation to show the entire supply chain, from the origin of the  rubber (synthetic or natural) to the final production of the finished product (i.e., rubber  mixing, manufacturing of components, extrusion and cooling leading to the conversion into  final product). This would include documents such as purchase orders, invoices shipping  records, proof of payment for the raw materials.

• Provide a flow chart(s) of the manufacturing/production process and maps of the region  where the production processes occur, and which company performs each step in the  production of the tires.

• Enumerate each step along the production process and correlate any additional supporting  documents associated with each step of the process.

• Identify all the parties involved in each step of the production process.  • Provide a list of suppliers associated with each step of the production process, including  names and contact information (addresses, email addresses, and phone number). Provide  Manufacturers Affidavits or Certifications for the textile components such as polyester,  rayon, nylon as well as the Steel Mill Certificate for the Steel and Wire Spooling. • Provide bills of lading and or other documents tracing the movement of the tires from the  factory to the US.

Tomato products:

• Provide supply chain traceability documents demonstrating the point of origin of the tomato  seeds, tomatoes, or tomato products.  

• Affidavit from the tomato processing facility that identifies both the parent company and the  estate that sourced the tomato seeds and or tomatoes.  

• Purchase orders, invoices, and proof of payment for the tomato seeds, tomatoes, or tomato  products, from the processing facility and the estate that sourced the raw materials.  • All records for the tomato seeds, tomatoes, and/or tomato products that identify all steps in  the production process, from seed to finished product, from the farm to shipping to the  United States.