DHS' Largest Ever One-Time UFLPA Entity List Expansion

May 17, 2024
By: Ashley J. Bodden

On May 16, 2024, The U.S. Department of Homeland Security announced that it is adding 26 textile companies based in the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List effective May 17^th. This means that goods produced by these companies, or incorporating goods produced by these companies, will be prohibited from entering the U.S.

The addition of these companies to the UFLPA Entity List comes on the heel of DHS’ Textile Enforcement Plan, which was created to crack down and prioritize the possible inclusion of entities in the textile sector to the UFLPA Entity List last month. The new additions fall within Section 2(d)(2)(B)(v) of the UFLPA covering “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.”

Since the UFLPA was signed into law in December 2021, the Forced Labor Enforcement Task Force (FLETF) has added 65 entities to the UFLPA Entity List. These entities include producers of apparel, agriculture, polysilicon, plastic, chemicals batteries, household appliances, electronics, and food additives. Additional entities within the Xinjiang Uyghur Autonomous Region (XUAR) that use forced labor will likely be considered and added. And yesterday’s announcement represents the largest ever one-time expansion of the Entity List.

The additions are:

• Binzhou Chinatex Yintai Industrial Co., Ltd.
• China Cotton Group Henan Logistics Park Co., Ltd., Xinye Branch
• China Cotton Group Nangong Hongtai Cotton Co., Ltd.
• China Cotton Group Shandong Logistics Park Co., Ltd.
• China Cotton Group Xinjiang Cotton Co.
• Fujian Minlong Warehousing Co., Ltd.
• Henan Yumian Group Industrial Co., Ltd.
• Henan Yumian Logistics Co., Ltd. (formerly known as 841 Cotton Transfer Warehouse)
• Hengshui Cotton and Linen Corporation Reserve Library
• Heze Cotton and Linen Co., Ltd.
• Heze Cotton and Linen Economic and Trade Development Corporation (also known as Heze Cotton and Linen Trading Development General Company)
• Huangmei Xiaochi Yinfeng Cotton (formerly known as Hubei Provincial Cotton Corporation's Xiaochi Transfer Reserve),
• Hubei Jingtian Cotton Industry Group Co., Ltd.
• Hubei Qirun Investment Development Co., Ltd.
• Hubei Yinfeng Cotton Co., Ltd.
• Hubei Yinfeng Warehousing and Logistics Co., Ltd.
• Jiangsu Yinhai Nongjiale Storage Co., Ltd.
• Jiangsu Yinlong Warehousing and Logistics Co., Ltd.
• Jiangyin Lianyun Co. Ltd. (also known as Jiangyin Intermodal Transport Co. and Jiangyin United Transport Co.)
• Jiangyin Xiefeng Cotton and Linen Co., Ltd.
• Juye Cotton and Linen Station of the Heze Cotton and Linen Corporation
• Lanxi Huachu Logistics Co., Ltd.
• Linxi County Fangpei Cotton Buying and Selling Co., Ltd.
• Nanyang Hongmian Logistics Co., Ltd. (also known as Nanyang Red Cotton Logistics Co., Ltd.)
• Wugang Zhongchang Logistics Co., Ltd.
• Xinjiang Yinlong Agricultural International Cooperation Co.

As we have noted in previous articles, Customs has made it abundantly clear how difficult it is to overcome a UFLPA detention. Therefore, it is imperative for companies to know where their supplies are coming from and that they are in compliance with UFLPA and other forced labor laws. The attorneys at Barnes, Richardson & Colburn can assist companies that wish to investigate their supply chains or update their production policies to align with UFLPA.