CSMS 59188461·System update·January 26, 2024·View on csms.cbp.gov ↗

Forced Labor Updates to ACE Protest Set to Deploy on January 27

Plain-English explanation

CSMS 59188461 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (system update), published on January 26, 2024. It carries the official CBP guidance brokers and importers must follow for the topic — "Forced Labor Updates to ACE Protest Set to Deploy on January 27". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS # 59188461 - Forced Labor Updates to ACE Protest Set to Deploy on January 27 U.S. Customs and Border Protection sent this bulletin at 01/26/2024 01:45 PM EST Cargo Systems Messaging Service CSMS # 59188461 - Forced Labor Updates to ACE Protest Set to Deploy on January 27 On January 27, 2024 , U.S. Customs and Border Protection (CBP) will deploy updates to ACE Protest to automate Uyghur Forced Labor Prevention Act (UFLPA)-related reviews. Following the deployment, protest filers will notice changes to the ACE Protest user interface (UI). Specifically, filers protesting a Notice of Exclusion for UFLPA will be able to contest CBP exclusion decision via the ACE Protest tool. Process Overview for Protests Requesting UFLPA Reviews To request one of these UFLPA reviews, on the protest creation screen, filers should select “Other” for the “Issue” and one of the following for the “Secondary Issue:” UFLPA Exception Review UFLPA Applicability Review Once completed, these protests are routed to the applicable Center of Excellence & Expertise (Center) or Port of San Juan or HQ Forced Labor Division for review. Protest filers should select “UFLPA Exception Review” if: Importers request an exception to rebut the UFLPA’s presumption that their merchandise is made with forced labor . Section 3 of the UFLPA specifies the requirements for an exception to the presumption. Importers must provide Evidence to show compliance with the due diligence, supply chain tracing, supply chain measures, and evidentiary requirements, and responded fully to CBP requests for information. Evidence must be clear and convincing to show that the goods were not produced with forced labor. Importers have to fully comply with the guidance described in section 2(d)(6) of the UFLPA and any regulations issued to implement that guidance (DHS UFLPA Strategy and CBP’s Operational Guidance for Importers, Section II, III, IV, pages 9 - 15 ( https://www.cbp.gov/trade/forced-labor/UFLPA ) Protest filers should select “UFLPA Applicability Review” if: Importers contest the applicability of the rebuttable presumption to imported goods detained under UFPLA. In an applicability review, the importer asserts that the supply chain for the goods does not involve any sourcing from the Xinjiang region or from an entity on the UFLPA Entity List. Importers can provide supply chain tracing using DHS UFLPA Strategy and CBP’s Operational Guidance for Importers, Section IV (D and E), page 15 ( https://www.cbp.gov/trade/forced-labor/UFLPA ). The trade community may contact forcedlabor@cbp.dhs.gov for questions regarding filing an UFLPA-related protest in ACE Protest. Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 59188461?

CSMS 59188461 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Forced Labor Updates to ACE Protest Set to Deploy on January 27". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 59188461 published?

CBP published CSMS 59188461 on January 26, 2024. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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