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House to Consider Ban on All Xinjiang Imports

The potential prohibition comes amid allegations of genocide and forced labor in the region. All importers, including those in the promo products industry, would have to comply with the ban if it’s enacted.

Amid mounting evidence that China’s government could be committing genocide in the country’s Xinjiang region, the U.S. House of Representatives could next week consider a bill that would effectively ban imports from the province.

If ultimately enacted into law, the Uyghur Forced Labor Prevention Act would create a presumption that all goods – finished products and components – coming from Xinjiang were made with forced labor. Such items can not be legally imported into the U.S.

Pen and paper

The aim of the humanitarian legislation would be to help combat the alleged abuses and compel change. It would necessitate that all importers, including those in the promotional products industry, ensure that no part of their supply chains touch Xinjiang.

When bans on select products from Xinjiang like cotton and tomatoes were previously announced, some promo products suppliers said they’d taken extensive steps to make sure their supply networks aren’t tainted by forced labor and/or tied to Xinjiang.  

Under the bill, importers would have the option of demonstrating that no forced labor was used in the making a product from Xinjiang, but the burden of proof would be high.

Rep. Jim McGovern, a Massachusetts Democrat and sponsor of the bill in the House, has said it’s likely the act will pass in the House.

Still, despite that potential approving vote, whether or not the act will make it into law remains highly uncertain. The U.S. Senate passed a different version of the bill in July, and as yet there’s no definitive plan for how to reconcile the two.

Furthermore, the Biden administration “prefers a more targeted and deliberative approach to determining which goods are the products of forced labor,” as opposed to a blanket ban, The Washington Post reported. Such a position could throw into question whether President Joe Biden would sign off on a bill even if Congress got it to his desk.

Meanwhile, Sen. Marco Rubio has pushed for the Senate version of the bill, which he co-sponsored, to be added as an amendment to the National Defense Authorization Act, which is essential for Congress to pass. If it were to become an amendment, the Uyghur act would take effect as law. However, Senate Democrats objected to the amendment under a procedural rule that prevents amendments that affect appropriations.

As Reuters reported, Republicans have accused “Biden’s Democrats of slow-walking the legislation because it would complicate the president’s renewable energy agenda.” Materials/products related to solar energy are produced in Xinjiang. Democrats deny that their emphasis on renewable energy initiatives has anything to do with the approach to Xinjiang.

“I just want to see a strong, a much stronger, approach when it comes to forced labor in Xinjiang,” Democratic Rep. Dan Kildee told Reuters.

In 2020, Democrat McGovern introduced a bill that’s similar to the proposed Uyghur Forced Labor Prevention Act. That bill passed the House in a 406-3 vote, but never became law.

According to U.S. authorities and various human rights investigators, China has forcibly detained people from the Uyghur ethnic group in Xinjiang and pressed them en masse into forced labor. Uyghurs are primarily of the Islamic faith, and the repression is reported to be tied to their religion. Mass internment, forced population control, and intentional destruction of families and culture are also alleged. China denies any wrongdoing.