The Forced Labor Revolution in U.S. International Trade Law

Abstract

What should the relationship be between the promotion of labor rights and the importation of foreign-origin merchandise? Specifically, should America allow into its customs territory imports made with forced labor? The conventional answer, evidenced by U.S. international trade law since 1930, has been a reasonably tight ban on such products. But allegations of genocide orchestrated by the Chinese Communist Party (CCP) against Uyghur Muslims in Xinjiang underscored bipartisan concern that the Section 307 ban needed tightening. The legislative response-the Uyghur Forced Labor Prevention Act, enacted on December 23, 2021, and effective June 21, 2022-did that, and more, by creating a rebuttable presumption that any item manufactured in whole or in part in Xinjiang, or by a company connected thereto, the UFLPA revolutionized U.S. international trade law. Simply put, the UFLPA is a dramatic change evincing a newfound American commitment to root out labor rights degradations from cross-border supply chains. I. Labor Rights and International Supply Chains A revolution against forced labor imports is occurring in America's international trade law. 1 That revolution is the Uyghur Forced Labor Prevention * http://en.wikipedia.org/wiki/Raj_Bhala.

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Keywords: Forced Labor, China, Uyghur, International Trade, UFLPA, Supply Chain, Chinese Communist Party, Muslims, Customs, Section 307, Withhold Release Order (WRO), Labor Rights