IS THE UYGHUR FORCED LABOR PREVENTION ACT EFFECTIVE?
In 2023, $1.3 billion of goods imported from Xinjiang, China was monitored by US Customs and Border Protection (1). Although that superficially reads as a staggering number, it nonetheless barely puts a dent in the $400 billion of total imports from that region in the first 10 months of 2023 alone (2). For context, as an attempt to mitigate US assistance towards production involving forced labor, the US government passed the Uyghur Forced Labor Prevention Act requiring all shipments from Xinjiang to be verified as having no link to such brutal employment (3). However, this is clearly apparent to be a failed attempt, as the supervision of Xinjiang cargo was undoubtedly ineffective. This disappointing fault reflects the need for change, as this simple legislation is too easy to bypass.
The Uyghur Forced Labor Prevention Act (UFLPA) is a result of Section 307 of the Tariff Act of 1930 (19 U.S.C. §1307) stating that the importation of any products manufactured through forced labor is deemed forbidden (4). To provide background, when imports come to the US, it has to pass through Customs and Border Protection (CBP) (4). In accordance with the legislation, CBP has strict rules that limit goods produced in Xinjiang to enter the US, as there remains an assumption of forced labor being involved in the production of such goods (4). Therefore, the US Department of Homeland Security’s recently established Forced Labor Enforcement Task Force aids in this surveillance process (4). However, an exception can be made for imports from Xinjiang to enter the US if the importer proves that no forced labor occurred while making such a product (5). Overall, a way to hurdle the UFLPA is definitely doable.
Xinjiang is a region located in Western China (6), known as the location for numerous mass production factories of chemicals, textiles, and agricultural products. Recognized for their work, these manufacturing corporations, which undeniably condone forced labor, regularly employ such work in their Xinjiang factories. To be specific, the Uyghur ethnic group, which largely populates the Xinjiang region, is commonly involved in these forced labor practices (7). It is commonly suspected that many Uyghurs are housed in Chinese imprisonment camps against their will (8). Not only does this community face such forced labor in these enclosed sites, but they are also submitted to the policy of working to save their lives. As obtained by the BBC, this “shoot-to-kill” rule basically provides the option of either hard work and the inability to escape, or immediate death (8). As modern society is becoming more aware of this atrocious method, the UFLPA was passed as a potential answer to this problem (4). However, many companies are still able to get around this law while neglecting the unethical practices in Xinjiang, solely to focus on their overall profits gained.
Corporations notably including Shein, Zara, Temu, and Uniqlo utilize forced labor (9)(10). The Canadian Ombudsperson for Responsible Enterprise (CORE) has alleged Zara for operating with Chinese companies for the creation of their garments (11). Furthermore, the Australian Strategic Policy Institute (ASPI) and Helena Kennedy Centre for International Justice (HKCIJ) have come forth with these allegations of Zara's business working with companies in Xinjiang (12). Unsurprisingly, Zara rejects this accusation (13). These types of brands hide their true practices, and do so well, but must be careful because if proven guilty, can face a spiral of problems resulting in closure. However, as the UFLPA is seemingly not functioning well, this loophole through the US legal system has proven successful.
This law is not working. By simply comparing the $1.3 billion of $400 billion actually monitored by the CBP, our actions don’t even dip into making a difference. This is no hatred towards the passed legislation. This law is perfect in stating that we will not stand for forced labor and what it brings, but is it enough? A new strategy is necessary, and more restrictive surveillance of imported goods from Xinjiang is a must. To propose a question, is the law too specific, in that are we not capturing the details that are letting imports from Xinjiang in this country? Maybe the law needs to be broader and more limiting on Xinjiang imports, in that no goods from that region are legally allowed into the US. Regardless of the answer, a proposition for such must be addressed in the near future.
When you look at a Shein tag, it says, “Made in China,” not “Made in Xinjiang.” The packages in which it comes to the US may say differently, but it is tricking consumers into not knowing the truth, making the demand for these garments higher, hence increasing sales in the US, and making it easier to enter through customs. The US tried to have a stab at making a real difference in this dishonest and crude practice with the Uyghur Forced Labor Prevention Act. However, as this evidently is a failure, new solutions will hopefully surface in the future to increase productivity in achieving the end goal of abolishing forced labor in countries across the world.
WORK CITED
Whatever it is, the way you tell your story online can make all the difference.2023 updates to the strategy to prevent the importation of ... Homeland Security Office of Strategy, Policy, and Plans . (2023, July 26). https://www.dhs.gov/sites/default/files/2023-08/23_0728_plcy_uflpa-strategy-2023-update-508.pdf
Yiu, P. (2023, November 20). Xinjiang foreign trade hits record despite western sanctions. Nikkei Asia. https://asia.nikkei.com/Spotlight/Supply-Chain/Xinjiang-foreign-trade-hits-record-despite-Western-sanctions#:~:text=HONG%20KONG%20%2D%2D%20Overseas%20trade,Uyghur%20minorities%20in%20the%20region
Uyghur Forced Labor Prevention Act Statistics. U.S. Customs and Border Protection. (2024, May 15). https://www.cbp.gov/newsroom/stats/trade/uyghur-forced-labor-prevention-act-statistics#:~:text=The%20Uyghur%20Forced%20Labor%20Prevention,produced%20by%20certain%20entities%2C%20is
Uyghur forced Labor Prevention Act. U.S. Customs and Border Protection. (2024b, April 26). https://www.cbp.gov/trade/forced-labor/UFLPA
FAQs: Uyghur Forced Labor Prevention Act (UFLPA) enforcement. U.S. Customs and Border Protection. (2024a, March 28). https://www.cbp.gov/trade/programs-administration/forced-labor/faqs-uflpa-enforcement#:~:text=The%20Commissioner%20of%20CBP%20may,(b)%20of%20the%20UFLPA
BBC. (2023, August 25). Xinjiang profile. BBC News. https://www.bbc.com/news/world-asia-pacific-16860974
Against their will: The situation in Xinjiang. U.S. Department of Labor. (n.d.). https://www.dol.gov/agencies/ilab/against-their-will-the-situation-in-xinjiang#:~:text=Uyghurs%20detained%20in%20camps%20and,no%20communication%20with%20family%20members
BBC. (2022, May 24). Who are the Uyghurs and why is China being accused of genocide?. BBC News. https://www.bbc.com/news/world-asia-china-22278037
O’Dell, H. (2023, October 19). How shein and Temu get around US labor laws that ban products made with forced labor. The cost of Shein and Temu’s low prices. https://globalaffairs.org/bluemarble/how-shein-and-temu-get-around-us-labor-laws-ban-products-made-forced-labor
Paton, E., Gallois, L., & Breeden, A. (2021, July 2). Fashion retailers face inquiry over suspected ties to forced labor in China. The New York Times. https://www.nytimes.com/2021/07/02/fashion/xinjiang-forced-labor-Zara-Uniqlo-Sketchers.html
Canada, G. A. (2023, November 6). The CORE launches investigation into Zara Canada Inc. Allegations of Uyghur forced labour in the garment supply chains of Zara Canada Inc. in China. Government of Canada . https://core-ombuds.canada.ca/core_ombuds-ocre_ombuds/press-release-zara-communiquer-presse.aspx?lang=eng
Initial assessment report. Government of Canada Zara Canada Inc. Country: China. (2023, November 6). https://core-ombuds.canada.ca/core_ombuds-ocre_ombuds/assets/pdfs/initial-assessment-report_zara-en.pdf
Safaya, S. (2023, November 8). Canadian watchdog probes Zara Canada over Forced Labour Links. Just Style. https://www.just-style.com/news/canadian-watchdog-probes-zara-over-alleged-forced-labour-links/
