What Happens When CBP Detains Your Shipment Under the UFLPA?

When a shipment is detained by U.S. Customs and Border Protection (CBP) under the Uyghur Forced Labor Prevention Act (UFLPA), it sets off a process that can be overwhelming and challenging for apparel and textile businesses importing goods into the United States.

Ana Hinojosa, Oritain advisor and former CBP executive director, shared her insights on navigating UFLPA enforcement in Oritain's UFLPA webinar. Drawing on those insights, this article covers five areas: how detention begins, your response deadlines, your options after a detention, why due diligence matters, and common questions.

1. The UFLPA detention process begins before your shipment arrives 

According to Ana Hinojosa, the process begins even before the shipment reaches U.S. soil.

For companies importing goods, especially from high-risk areas, the UFLPA has significantly increased the level of scrutiny. “Any goods connected to the risk origins, or any entities identified, are considered to be produced with forced labor and detained unless they’re able to rebut the presumption of forced labor,” Hinojosa explains.

According to the U.S. Department of Homeland Security (DHS), the Entity List reached 187 entities in August 2026. That was a 30% increase and the List's largest single expansion to date.

Before a shipment arrives in the U.S., the importer of record, through their representatives, is responsible for transmitting advanced information about their goods. Based on this information, the government conducts initial vetting or screening to determine if there are any items of concern.

If a shipment raises concerns, CBP may inspect it on arrival. Under federal customs regulations, CBP must decide within five business days of examination whether to release or detain it. If CBP detains it, you receive a detention notice.

2. Once CBP detains your shipment, the clock starts ticking

Under the UFLPA, an importer has only 30 days to submit an admissibility package to CBP. Importers have two primary options:

1. Provide evidence that their merchandise does not fall under the UFLPA’s scope because the goods or any of the materials are not manufactured in the high-risk regions.
2. Submit clear and convincing evidence that, although the goods are manufactured in the high-risk regions, those goods are not produced with forced labor.

“The threshold of evidence, for the latter, is very, very high. And I don’t believe any importer as yet has had the opportunity or the sufficient level of evidence to get a shipment cleared under those conditions,” notes Hinojosa.

3. Your options after a UFLPA detention

If the importer does present the evidence, CBP will review the information to determine whether it’s sufficient to release or exclude the shipment. If CBP makes no decision within 30 days of examination, the goods are treated as excluded and the importer can then file a protest.

In most cases, CBP allows the importer to export the shipment in lieu of more severe measures. As Oritain's guide to traceability that stands up to enforcement notes, detentions can take up to four months to resolve. That is why most affected importers export rather than wait.

One of the key benefits for Customs Trade Partnership Against Terrorism (CTPAT) members is that they receive early notification of potential detentions – allowing them to prepare and respond more effectively to CBP’s concerns.

“If they are a CTPAT member, they enjoy the benefit of finding out early in the process that the shipment is going to be detained and be able to make arrangements for how that detention is going to take place,” Hinojosa points out. This early warning system is part of a broader strategy of proactive compliance, helping businesses manage their international shipments more efficiently.

Free infographic:
What happens when CBP detains your shipment?

Download your summary infographic now >

4. Why due diligence and supply chain transparency matter

The implications of detention extend far beyond just the logistical headaches. It’s a reminder of the need for due diligence and transparency in supply chains.

“Understand your supply chain,” Hinojosa advises. “In the past, many importers were comfortable just knowing who they were purchasing the final product from, but that is no longer sufficient.”

Beyond knowing your immediate supplier, it’s essential to trace the origins of your products and raw materials. This involves rigorous due diligence and often third-party verification to ensure compliance with U.S. laws and regulations.

“There’s so much risk in manufacturing of textile and fashion products because it’s so complex with so much movement from the different tiers of manufacturing. Importers have had to really take a much deeper look into their supply chain using different technology solution providers to gain that same kind of transparency.

"Knowing who your suppliers are doing business with and ensuring that your contracts allow you to get that information, as well as requesting that information from your various supply chain actors, is really important.”

But even if your different tiers of manufacturing do provide you with some sort of documentation, that usually is not enough. You need to be able to take some sort of action to verify that the information your supply chain is giving you is accurate.

Released in November 2024, CBP's isotopic testing guidance was the agency's first detailed guidance on the method. It encourages you to include private sector testing in your due diligence program. Forensic origin verification gives you independent, scientific evidence of where your raw materials were grown – evidence that documentation alone cannot provide.

UFLPA compliance requires a blend of diligence, transparency, and strategic use of technology. Staying informed and proactive is crucial for minimizing risks and managing international shipments effectively.

5. FAQs: CBP detentions under the UFLPA

How long can CBP hold a shipment?

CBP must decide within five business days of examination whether to release or detain your goods. If CBP makes no final admissibility decision within 30 days of examination, the goods are treated as excluded. For UFLPA detentions, CBP's 2026 guidance caps your response period at 90 calendar days, including extensions.

What should I do if my shipment is detained by customs?

Start your admissibility package immediately – you have 30 days from the detention notice, with a maximum of two extensions. Your package must show your goods fall outside the UFLPA's scope, or give clear and convincing evidence they were not made with forced labor. In most cases, CBP also allows you to export the shipment in lieu of exclusion.

Why was my shipment detained if I don't import from China?

The UFLPA presumption covers goods made wholly or in part in the Xinjiang Uyghur Autonomous Region, or by an entity on the UFLPA Entity List. That is why the DHS tells importers to scrutinize all the suppliers in their supply chains for any nexus to the region or to a listed entity, and why Hinojosa warns that knowing only who sells you the final product is no longer sufficient.

What is the UFLPA Entity List?

The UFLPA Entity List names entities whose goods are presumed to be made with forced labor. According to DHS, the list reached 187 entities in August 2026 after a 30% expansion.

When CBP detains your shipment under the UFLPA, you face tight deadlines and a high bar for evidence. UFLPA compliance requires a blend of diligence, transparency, and strategic use of technology. Staying informed and proactive is how you minimize risk and manage your international shipments effectively.