On August 4, 2022, the Department of Homeland Security (DHS) published notice adding entities to the Uyghur Forced Labor Prevention Act’s (UFLPA’s) Entity List. Per Section 2(d)(2)(B) of the UFLPA – which was signed by President Biden on December 23, 2021 – the Department of Homeland Security on behalf of the Forced Labor Enforcement Task Force (FLETF) is required to develop and maintain the UFLPA Entity List. The UFLPA Entity List serves as a consolidated register of the following four lists, as required by the Act:
- A List of Entities in Xinjiang That Mine, Produce, or Manufacture Wholly or in Part any Goods, Wares, Articles, and Merchandise with Forced Labor;
- A List of Entities Working with the Government of Xinjiang To Recruit, Transport, Transfer, Harbor or Receive Forced Labor of Uyghurs, Kazakhs, Kyrgyz, or Members of Other Persecuted Groups Out of Xinjiang
- A List of Entities That Exported Products Described in Clause (iii) From the PRC Into the United States
- A List of Facilities and Entities, Including the Xinjiang Production and Construction Corps, That Source Material from Xinjiang or From Persons Working with the Government of Xinjiang or the Xinjiang Production and Construction Corps for Purposes of the ‘‘Poverty Alleviation’’ Program or the ‘‘Pairing-Assistance’’ Program or any Other Government Labor Scheme That Uses Forced Labor
In its notice DHS also provides the process for listed entities to submit requests for removal from the UFLPA Entity List. The party seeking removal must submit supporting documentation evidencing that the entity no longer produces goods in whole or in part from forced labor. Following the submission of documents and dissemination of the removal request among the FLETF member agencies, there may be additional questions for the entity by the FLETF member agencies before or during the review period, and before the voting process. If the FLETF denies a removal request, entities may submit a new removal request with new supporting documentation and information. In addition, DHS explained that any FLETF member agency may submit recommendations to add entities to the UFLPA Entity List. Both addition and removal processes rely on Section 2(d)(2)(B) of the UFLPA to determine whether entities will be added or removed from the list. Upon receipt and review of a removal request, or a request to add an entity, the FLETF member agencies will decide via a majority vote.
Due to the FLETF’s ability to add or remove entities to the UFLPA Entity List, the List will likely change over time and will serve as a dynamic tool for the U.S. government to combat the use of forced labor in the People’s Republic of China. In addition, the UFLPA also has the potential to set the stage for normalizing anti-forced labor practices on a global scale, as seen by similar efforts to pass anti-forced labor legislation in the UK, Germany, and the EU.
The UFLPA went into effect on June 21, 2022 and requires Customs and Border Protection to “apply a rebuttable presumption that goods mined, produced, or manufactured by entities on the UFLPA Entity List are made with forced labor, and therefore, prohibited from importation into the United States.” Below is the current state of the UFLPA Entity List in full:
| A list of entities in Xinjiang that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor Section 2(d)(2)(B)(i) |
| Baoding LYSZD Trade and Business Co., Ltd. |
| Changji Esquel Textile Co. Ltd. (and one alias : Changji Yida Textile) |
| Hetian Haolin Hair Accessories Co. Ltd. (and two aliases: Hotan Haolin Hair Accessories; and Hollin Hair Accessories) |
| Hetian Taida Apparel Co., Ltd (and one alias: Hetian TEDA Garment) |
| Hoshine Silicon Industry (Shanshan) Co., Ltd (including one alias: Hesheng Silicon Industry (Shanshan) Co.) and subsidiaries |
| Xinjiang Daqo New Energy, Co. Ltd (including three aliases: Xinjiang Great New Energy Co., Ltd.; Xinjiang Daxin Energy Co., Ltd.; and Xinjiang Daqin Energy Co., Ltd.) |
| Xinjiang East Hope Nonferrous Metals Co. Ltd. (including one alias: Xinjiang Nonferrous) |
| Xinjiang GCL New Energy Material Technology, Co. Ltd (including one alias: Xinjiang GCL New Energy Materials Technology Co.) |
| Xinjiang Junggar Cotton and Linen Co., Ltd. |
| Xinjiang Production and Construction Corps (including three aliases: XPCC; Xinjiang Corps; and Bingtuan) and its subordinate and affiliated entities |
| A list of entities working with the government of Xinjiang to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of Xinjiang Section 2(d)(2)(B)(ii) |
| Aksu Huafu Textiles Co. (including two aliases: Akesu Huafu and Aksu Huafu Dyed Melange Yarn) |
| Hefei Bitland Information Technology Co., Ltd. (including three aliases: Anhui Hefei Baolongda Information Technology; Hefei Baolongda Information Technology Co., Ltd.; and Hefei Bitland Optoelectronic Technology Co., Ltd.) |
| Hefei Meiling Co. Ltd. (including one alias: Hefei Meiling Group Holdings Limited) |
| KTK Group (including three aliases: Jiangsu Jinchuang Group; Jiangsu Jinchuang Holding Group; and KTK Holding) |
| Lop County Hair Product Industrial Park |
| Lop County Meixin Hair Products Co., Ltd. |
| Nanjing Synergy Textiles Co., Ltd. (including two aliases: Nanjing Xinyi Cotton Textile Printing and Dyeing; and Nanjing Xinyi Cotton Textile) |
| No. 4 Vocation Skills Education Training Center (VSETC) |
| Tanyuan Technology Co. Ltd. (including five aliases: Carbon Yuan Technology; Changzhou Carbon Yuan Technology Development; Carbon Element Technology; Jiangsu Carbon Element Technology; and Tanyuan Technology Development) |
| Xinjiang Production and Construction Corps (XPCC) and its subordinate and affiliated entities |
| A list of entities that exported products described in clause (iii) from the PRC into the United States Section 2(d)(2)(B)(iv) |
| Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. |
| A list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from Xinjiang or from persons working with the government of Xinjiang or the Xinjiang Production and Construction Corps for purposes of the ‘‘poverty alleviation’’ program or the ‘‘pairing-assistance’’ program or any other government-labor scheme that uses forced labor Section 2(d)(2)(B)(v) |
| Baoding LYSZD Trade and Business Co., Ltd. |
| Hefei Bitland Information Technology Co. Ltd. |
| Hetian Haolin Hair Accessories Co. Ltd. |
| Hetian Taida Apparel Co., Ltd. |
| Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries |
| Xinjiang Junggar Cotton and Linen Co., Ltd. |
| Lop County Hair Product Industrial Park |
| Lop County Meixin Hair Products Co., Ltd. |
| No. 4 Vocation Skills Education Training Center (VSETC) |
| Xinjiang Production and Construction Corps (XPCC) and its subordinate and affiliated entities |
| Yili Zhuowan Garment Manufacturing Co., Ltd. |
The Federal Register Notice can be found here.
For further information, please contact:
John Brew, Partner, Crowell & Moring
jbrew@crowell.com
