CSMS # 59188461 - Forced Labor Updates to ACE Protest Set to Deploy on January 27

U.S. Customs and Border Protection sent this bulletin at 01/26/2024 01:45 PM EST

Cargo Systems Messaging Service

CSMS # 59188461 - Forced Labor Updates to ACE Protest Set to Deploy on January 27

On January 27, 2024, U.S. Customs and Border Protection (CBP) will deploy updates to ACE Protest to automate Uyghur Forced Labor Prevention Act (UFLPA)-related reviews.

Following the deployment, protest filers will notice changes to the ACE Protest user interface (UI). Specifically, filers protesting a Notice of Exclusion for UFLPA will be able to contest CBP exclusion decision via the ACE Protest tool.

Process Overview for Protests Requesting UFLPA Reviews

To request one of these UFLPA reviews, on the protest creation screen, filers should select “Other” for the “Issue” and one of the following for the “Secondary Issue:”

UFLPA Exception Review
UFLPA Applicability Review

Once completed, these protests are routed to the applicable Center of Excellence & Expertise (Center) or Port of San Juan or HQ Forced Labor Division for review.

Protest filers should select “UFLPA Exception Review” if:

Importers request an exception to rebut the UFLPA’s presumption that their merchandise is made with forced labor. Section 3 of the UFLPA specifies the requirements for an exception to the presumption. Importers must provide
Evidence to show compliance with the due diligence, supply chain tracing, supply chain measures, and evidentiary requirements, and responded fully to CBP requests for information. Evidence must be clear and convincing to show that the goods were not produced with forced labor.
Importers have to fully comply with the guidance described in section 2(d)(6) of the UFLPA and any regulations issued to implement that guidance (DHS UFLPA Strategy and CBP’s Operational Guidance for Importers, Section II, III, IV, pages 9 - 15 (https://www.cbp.gov/trade/forced-labor/UFLPA)

Protest filers should select “UFLPA Applicability Review” if:

Importers contest the applicability of the rebuttable presumption to imported goods detained under UFPLA. In an applicability review, the importer asserts that the supply chain for the goods does not involve any sourcing from the Xinjiang region or from an entity on the UFLPA Entity List.
Importers can provide supply chain tracing using DHS UFLPA Strategy and CBP’s Operational Guidance for Importers, Section IV (D and E), page 15 (https://www.cbp.gov/trade/forced-labor/UFLPA).

The trade community may contact forcedlabor@cbp.dhs.gov for questions regarding filing an UFLPA-related protest in ACE Protest.

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