After more than 6 months since the UFLPA went into effect in June 2022, CBP released its UFLPA Statistics Dashboard. The UFLPA Dashboard provides users a snapshot of the number of shipments that have been subjected to UFLPA-related reviews and enforcement actions. Per CBP, the Dashboard contains "data related to enforcement of the UFLPA," covering data since June 21, 2022, the date when CBP began to enforce the UFLPA. CBP continuously updates the Dashboard on a quarterly basis.
Alongside the Dashboard, CBP also released the "Uyghur Forced Labor Prevention Act Data Dictionary," which serves as a "how to" guide on how to maneuver the Dashboard. Of relevant importance, the Dashboard does not include any data related to other forced labor enforcement actions by CBP – such as Withhold Release Orders (WROs). In addition, all information provided in the Dashboard is "in the form of aggregated numbers and values in order to protect entities associated with its law enforcement investigations and actions, as well as other law enforcement sensitive information." As such any specific company or product information, business confidential information, or information pertaining to active law enforcement actions, investigations, or pending cases are not disclosed.
The Dashboard itself provides an aggregate of the total shipments stopped by CBP for UFLPA related reasons. In addition, the Dashboard also provides a breakdown of the stopped shipments by noting which of the stopped shipments have been denied and which have been released. The difference between the total stopped shipments and the sum of the denied and released shipments is the number of shipments still pending a determination. Finally, the Dashboard includes an aggregate total dollar value of the total shipments stopped by CBP. In addition to these aggregate quantities and values, the Dashboard includes the following four filters:
- Fiscal Year
- Industry
- Exam Results
- Country of Origin
The four filters, all of which can be used individually or together, allow users to further breakdown the aggregate values, depending on the filters used. Of particular relevance, users are able to filter for stopped shipments belonging to the following 9 industries: Agriculture and Prepared Products; Apparel, Footwear, and Textiles; Automotive and Aerospace; Base Metal; Consumer Products and Mass Merchandising; Electronics; Industrial and Manufacturing Materials; Machinery; and Pharmaceutical, Health, and Chemicals. In addition, users can also filter for the following countries of origin: Malaysia, Vietnam, China, Thailand, Sri Lanka, and all others.
At the time of writing this post, with data that was current as of Aril 3, 2023, the total number of stopped shipments was 3,588. Of these, 490 shipments (approximately 14%) were denied compared to 1,323 shipments (approximately 37%) that were released. The value of the total stopped shipments represented approximately $1.078 billion. The top three industries related to the stopped shipments were Electronics; Apparel, Footwear, and Textiles; and Industrial and Manufacturing Materials.
With regards to country of origin, Malaysia represented the largest value of shipments at approximately $576 million and 1,042 shipments. In comparison, China represented a value of approximately $109.71 million with 1,300 shipments. Per the current data, while there are less shipments in terms of quantity with Malaysia as the country of origin compared to China, the shipment values from Malaysia are higher than those from China. As such, the average unit value of the stopped shipments from Malaysia is approximately $553,000 compared to $84,000 for shipments from China, suggesting that stopped shipments with a country of origin from Malaysia are likely from higher values, more developed industries when compared to those from China. As CBP continues to update the UFLPA Statistics Dashboard, Crowell & Moring LLP will continue to monitor and highlight major developments.
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