U.S. Customs and Border Protection (CBP) has a new enforcement weapon for global trade, and it’s called the “64 Questions.” If you’re an importer and think this detailed questionnaire is just another administrative headache, you’re setting yourself up for disaster. This isn’t about more paperwork. It’s a fundamental change in CBP compliance, directly attacking the old, lazy attitudes toward supply chain transparency and forcing a level of due diligence that will permanently alter the field of global trade.
Key Takeaways
- CBP’s 64 Questions are a mandatory, deep-dive questionnaire forcing importers to prove their due diligence against forced labor.
- To answer adequately, companies need solid internal controls which means full supplier audits and having all your documentation ready to go.
- If you can’t answer to CBP’s satisfaction, expect your cargo to get detained or seized, plus potential penalties under the Uyghur Forced Labor Prevention Act (UFLPA).
- You need to be talking to trade counsel and using supply chain mapping technology now, before CBP comes asking, so you can prove you’re compliant.
- The enforcement climate today requires constant monitoring and adapting your compliance programs, you have to get ahead of the problem, not just react to it.
The Unavoidable Reality: Forced Labor and the UFLPA
Let’s get straight to it: the 64 Questions exist because of the U.S. government’s intense focus on forced labor, especially under the Uyghur Forced Labor Prevention Act (UFLPA). Since the UFLPA was enacted in December 2021, it created a “rebuttable presumption” that goods from Xinjiang, China, are made with forced labor and are banned from the U.S. CBP is not messing around. Their own data from October 2025 shows they’ve already detained over $2.5 billion in goods under the UFLPA, hitting everything from solar panels to clothing. These aren’t abstract risks. Companies are having products seized, losing money, and being locked out of the market right now.
The 64 Questions are CBP’s main tool for investigating whether an importer has actually done the work to keep forced labor out of their supply chain. It’s a fishing expedition, but it’s one with the full force of law behind it. The questionnaire demands an incredible level of detail: they want copies of purchase orders, shipping records, proof of payment, factory audit reports, and even records of worker interviews. This is so far beyond providing a simple certificate of origin. What CBP is asking for is a complete, auditable map of every single production step, from the dirt the cotton grew in to the finished shirt on the container ship. Any importer who doesn’t have that visibility is just not equipped to do business anymore.
Beyond Xinjiang: A Precedent for Broader Scrutiny
The UFLPA and Xinjiang are the reason the 64 Questions exist, but it would be a huge mistake to think this is just a China issue. This questionnaire is a template. CBP is showing its hand, signaling that it’s ready to apply this same intense review to other parts of the world and other human rights problems. Think about all the recent talk about cobalt from the Congo or bad labor practices in garment factories in other countries. The framework is already built, and it’s portable. Companies that are only focusing their due diligence on Xinjiang are going to be blindsided.
I’ve seen this happen myself. I had a client, a mid-sized electronics company, that got a detention order on a shipment of circuit boards, followed by the 64 Questions. They were shocked. They thought they were safe because their Tier 1 suppliers were big, reputable firms in Europe. It turned out that a Tier 3 supplier, someone deep in the sub-component network that they had never even heard of, was sourcing raw materials from a region with known forced labor problems. Their European supplier didn’t know, and my client certainly didn’t know. The amount they spent on legal fees, air-freighting replacement parts, and covering lost sales completely erased any money they thought they’d saved by not investing in proper supply chain mapping from the start. This isn’t a one-off story. It’s the reality of complex modern supply chains.
Some people complain that these rules put too much of a burden on businesses, especially smaller ones (SMEs), and that the cost of compliance will choke international trade. I don’t buy it. The cost of getting it wrong, the reputational hit, the legal bills, the cargo that gets seized and never comes back, is so much higher than the cost of doing your homework proactively. And besides, ethical sourcing is what customers are starting to demand. It’s becoming a real market expectation. A Reuters report from late 2025 showed that consumer preference for ethically sourced goods jumped almost 15% in just two years. Companies that get ahead of this and build transparent supply chains will win, attracting customers and avoiding the fines and shipping delays that will plague their competitors.
The Path Forward: Proactive Compliance is Non-Negotiable
So what do you actually do? The takeaway is that proactive compliance is the only way forward. Sitting around and waiting for CBP to send you a detention notice or the 64 Questions is just asking for trouble.
- Supply Chain Mapping and Transparency: Businesses have to know their supply chain deeper than just their Tier 1 suppliers. This means leaning on your direct suppliers to tell you who their suppliers are, and who their suppliers are, all the way down to the raw material. Tech like blockchain-based traceability platforms are becoming essential for this because they can create a permanent record of a product’s origin and journey.
- Strong Due Diligence Programs: You need a real due diligence program that includes risk assessments, codes of conduct for your suppliers, and regular audits, both the scheduled kind and surprise visits. These audits can’t just be about the finances. They need to get into labor practices, with real interviews with workers and a hard look at how they document recruitment. The Department of Labor’s “Comply Chain” guide is a great place to start for building a framework.
- Documentation, Documentation, Documentation: If you make a claim about your supply chain, you have to be able to prove it with paper (or pixels). That means having purchase orders, bills of lading, payment records, factory production sheets, worker payrolls, and transportation logs ready to go. When CBP asks for proof, they want detailed, timely records, not a handful of vague promises.
- Training and Internal Controls: Your teams in procurement, legal, and compliance must be trained on UFLPA requirements and forced labor risks. You need clear internal rules for vetting any new supplier and for keeping an eye on the ones you already have.
- Legal Counsel Engagement: Get experienced trade counsel on your side. A good lawyer can help you make sense of CBP’s shifting rules, prepare a response to the 64 Questions if they come, and fight for you if your goods get detained. Going it alone is a huge gamble.
This is about more than just ticking boxes on a form. It’s about a complete rewiring of how companies think about their global operations. The 64 Questions aren’t going away. They’re a new, permanent part of a much tougher regulatory world. The companies that adapt now will do well. The ones that don’t are going to find their products stuck on a dock somewhere.
The CBP’s 64 Questions are a turning point for global trade compliance, creating a new standard for transparency and due diligence. Businesses have to accept that this isn’t a temporary fad but a permanent move toward ethical sourcing and verifiable supply chain integrity. The message is clear: invest in full supply chain mapping and strong compliance programs now, or get ready for serious, expensive disruptions down the road.
What are the CBP’s 64 Questions?
It’s a detailed list of questions that U.S. Customs and Border Protection sends to importers to dig deep into their supply chains. The primary purpose is to assess the risk of forced labor in imported goods, particularly in connection with the Uyghur Forced Labor Prevention Act (UFLPA).
Why is CBP asking these questions?
CBP is using these questions to enforce U.S. laws banning goods made with forced labor, with the UFLPA being the main driver. The questionnaire is their way of seeing if importers have done enough due diligence to prove their products are clean, especially those coming from high-risk regions like Xinjiang.
What happens if a company cannot answer all 64 questions?
Failing to give satisfactory answers can cause a world of pain. Your goods can be detained at the port, seized outright and denied entry into the U.S., and you could face financial penalties. A bad response tells CBP you don’t have visibility into your own supply chain, which they see as a major red flag for forced labor.
Are the 64 Questions only applicable to goods from China?
No. While the UFLPA and its focus on Xinjiang, China, were the catalyst for these questions, the model is portable. CBP can and will use this kind of deep-dive inquiry for any supply chain or region where they suspect a risk of forced labor, no matter where it is in the world.
How can companies prepare for a potential CBP inquiry involving these questions?
Don’t wait to be asked. Companies should be mapping their supply chains all the way to the raw material, setting up tough due diligence programs with regular supplier audits, and keeping careful records of every stage of production. You should also be training your people on the risks and have trade counsel on call to help you build a strategy before you get that notice from CBP.
