Beyond affecting the supply chain, the new law sheds light on the important topic of human rights and why printers and apparel decorators should pay attention

On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, and with it comes some major changes to the supply chain, and the hope for progress toward human rights and preventing forced labor.

This law will affect a variety of industries. It identifies cotton, tomatoes, and polysilicon as high-priority sectors for enforcement, but covers all goods and raw materials incorporated into finished products, including electronic equipment, machinery, and consumer goods. This means apparel and textiles will be particularly impacted.

Aside from suppliers and even print shops having to evaluate where their products come from, the bigger conversation is that of human rights. The language within the law — as well as enforcement, regulations, and other details — can be somewhat intimidating, so let’s examine the different pieces of the puzzle.

Breaking Down the Details

There’s a lot of history leading up to the UFLPA. In fact, it goes back many years to reported crimes against humanity in the Xinjiang Uyghur Autonomous Region (XUAR), the only region in China with a majority Muslim population.

According to a report released by the Human Rights Watch, Uyghurs, Kazakhs, Kyrgyz, and other communities in that area are ethnically Turkic. Unlike the majority Han Chinese, who primarily speak Chinese, the Turkic population is predominantly Muslim and have their own languages. The report went on to state that, according to the 2010 census, Uyghurs made up 46% and Kazakhs 7% of the Xinjiang population.

The oppression of these Turkic Muslims has been an ongoing issue for years. Recently, it reached unprecedented levels, with reports from human rights organizations, media, and activist groups, as well as internal Chinese Communist Party (CCP) documents showing that the Chinese government has committed — and continues to commit — crimes against humanity against them.

Under the Rome Statute of the International Criminal Court (ICC), crimes against humanity are serious, specified offenses that are knowingly committed as part of a widespread or systematic attack against any civilian population. These include, but are not limited to, crimes such as:

  • Murder
  • Extermination
  • Enslavement
  • Deportation or forcible transfer of population
  • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
Credit: U.S. Customs and Border Protection

As light is shed on these abuses, international scrutiny continues to increase. Many governments, such as Canada, the United Kingdom, and the U.S. have imposed targeted and other sanctions on Chinese government officials, agencies, and companies implicated in rights violations.

In the U.S., the UFLPA was signed into law by President Biden on December 23, 2021, and as mentioned, went into effect on June 21, 2022. According to U.S. Customs and Border Protection,

"It establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. The presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor.

"The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBP’s enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the People’s Republic of China."

The language of the law can be difficult to understand, much less know how it applies to the world of apparel decorators. Lisbeth Lyons, VP of government and political affairs for Apparelist’s parent company PRINTING United Alliance, breaks down some of the details in her article “Forced Labor Law Takes Effect June 21; Apparel Market Prepares for Import Confusion.”

In it, she writes, “Any U.S. company sourcing goods from China may be impacted, but U.S. Customs and Border Protection has listed ‘apparel/textiles’ as one of the top three commodities, along with chemicals and agricultural products, imported from Xinjiang. Therefore, printers in the apparel/textile space should prepare for supply chain scrutiny and/or be aware that cotton apparel goods arriving from China may be detained at the border beginning on June 21.”

‘They Are Just Like You or Me’

Many folks might be frustrated with this massive change. It’s no secret that for the past year or so, the supply chain has struggled tremendously, with manufacturing, shipping, and basic fulfillment being a continuous thorn in the apparel industry’s side. But at the heart of this matter, the UFLPA is designed to address the violations of human rights, and it’s clear that many industry groups already support the issue.

The National Retail Federation and American Apparel and Footwear Association, each representing major brands, recently issued a joint statement that the forced labor in XUAR “is of a scale, scope, and complexity that is unprecedented in modern supply chains.” Lyons adds in her article, “[The] National Association of Manufacturers, too, was vocal in support of the legislation, which initially passed the U.S. House almost unanimously by a vote 428-1 and then was revised in the Senate, which passed its version of the bill by voice vote.”

There are individuals and groups within the decorated apparel industry specifically who also support this law. Rick Roth, founder of Ink Kitchen and owner of Mirror Image Inc., has long been an advocate for human rights. He believes laws like the UFLPA are a good starting point for change.

“In order for things to change in a positive direction in this world, there is not just one avenue to getting there — a multipronged approach is always needed,” he states. “There needs to be people voting with their dollars, supporting positive efforts, and not purchasing from companies that either are known human rights violators or even just fail to be transparent.”

Roth has done human rights work for decades as an Amnesty International volunteer, with Students for a Free Tibet, and with a peace effort in the country of Georgia called One Caucasus. For him, caring about and paying attention to the UFLPA is personal. “When you personally meet folks whose rights have been violated, sometimes brutally, and you see that they are just like you or me, it really makes it seem imperative to continue the struggle for human rights,” he says.

He believes those in the apparel community, even decorators, should pay attention to what this law means. As the business simply purchasing the apparel from a supplier/manufacturer, it’s likely that the decorator/printer is not the one who is importing the goods. Still, it’s wise to keep up on these events.

“It is the right thing to do — making money should not happen on the backs of persecution,” Roth believes. “Two, it is the law. Beyond that, I think that today’s consumers are increasingly wanting transparency and they are going to avoid companies that don’t do the right thing.”

But to really understand the scope of how human rights are being violated, it’s best to zoom out and take a global perspective. Zumretay Arkin, program and advocacy manager at the World Uyghur Congress (WUC) and chair of the Women’s Committee, was born in Urumqi, a city located within the Uyghur region. Fortunately, she was able to immigrate to Canada in 2003 when she was 10 years old, where she later went on to study international relations and eventually found herself in her current role.

“What really got me into advocacy was my own experience,” Arkin says. She was in Urumqi for the summer holiday right around the time the July 2009 Urumqi protest erupted. “We saw the realities that the Uyghurs were faced with when I was 16 and was really able to witness the oppression and open discrimination; that was a turning point in my life.”

Arkin believes that the UFLPA sends a strong signal to China, and even to any complicit stakeholders, paving the way for a more global response. “This is a step in the right direction; it will set a precedent,” she continues. “Overall, it’s very important and will be used to advocate for similar laws in other countries.”

Resources and Research

While the main point here is that there are some serious international crimes being committed in the XUAR, it’s important to note that this will affect an already-suffering supply chain. “Obviously, anything that disrupts supply, even marginally, will further strain fractured supply chains and increase operating costs,” writes Andy Paparozzi, chief economist at PRINTING United Alliance, in an email interview. “The sheer uncertainty of how to comply with the law is most disruptive.”

He cites many questions that nearly everyone who might be affected by this law have: What is acceptable proof that no part of a product was produced with forced labor? What is informed compliance and acceptable evidence? “Once importers have clear answers to those questions, they can adjust to the law and minimize the disruption,” Paparozzi adds.

This builds on a point made by Lyons: the industry is, at the time of writing, frustrated with the lack of guidance and information that has/hasn’t been provided since the law was signed at the end of 2021. Fortunately, there are some resources that have since become available that will hopefully provide some guidance:

Additionally, Lyons offers a few more pointers:

  • Conduct Supply Chain Due Diligence: Do a deep dive into your supply chains related to China and consider a third-party audit or assessment to mitigate risk. Supply chain tracing or mapping is recommended.
  • Consider Contract Language: Add terms and conditions to contracts with suppliers that outline your company’s code of conduct and explicitly prohibits sourcing goods that are produced using suspected forced labor.
  • Document and Prepare: Be prepared to demonstrate compliance and to respond to potential CBP letters of inquiry. Be aware of any new FLETF enforcement guidance issued.

“In our globalized world, it’s becoming difficult to trace supply chains,” Arkin says. “It’s so unimaginable to see how supply chains are tainted with atrocities in not only this region but elsewhere … having the conversation openly in the public is needed. We need to change the status quo.”

Roth points out the need for systemic change across the board. “There might be less cotton and prices might rise, but usually those things don’t last forever, and some other part of the world might step up production,” he says. “We can’t trample on other human beings just to make a few more cents. … Vigilance and persistence will be necessary, real substantial change does not come easily. Promoting human rights is a lifelong struggle, not something done for a few months and then is done.”

“Very often, we think about supply chains, tiers, levels that the average person doesn’t necessarily have access to, but now this issue comes to our general understanding,” states Arkin. “Consumers do have power. Stop buying products that we know are complicit in this system of oppression. … Our global economy depends so much on the Chinese market, but we need to tackle this step-by-step. You don’t need to become a perfect citizen tomorrow but realize you can make a difference and advocate for change.”

This is an ongoing story. As it continues to unfold, we at Apparelist will try to update our readers on new information. If you have specific questions on UFLPA implementation, you can contact CBP at uflpainquiry@cbp.dhs.gov.