Industry News

Significant Additions to UFLPA List

Nov. 22, 2024
By: Chaney A. Finn

The U.S. Department of Homeland Security (DHS) published its latest additions to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. As way of background, the United States has presumed that imports containing any items from Xinjiang are made with forced labor under the UFLPA since June 21, 2023. Goods falling under this presumption are prohibited from entering the United States unless the importer can provide evidence that the goods in question were not produced with forced labor.

Although all items produced by any entity are subject to UFLPA scrutiny, goods produced by or associated with entities specified on the UFLPA Entity List can expect the highest level of scrutiny from Customs. In DHS’s Federal Register Notice, five entities were added to the section 2(d)(2)(B)(ii) list of the UFLPA, which identifies entities working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region. These entities are:

• Western Gold Co., Ltd.

• Western Gold Hami Gold Mine Co., Ltd.

• Western Gold Karamay Hatu Gold Mine Co., Ltd.

• Xinjiang Nonferrous Metals Industry Group Co., Ltd.

• Xinjiang Zhonghe Co., Ltd. (also known as Xinjiang Joinworld Co., Ltd.)

The notice also specifies twenty-five entities to the section 2(d)(2)(B)(v) list of the UFLPA, which identifies facilities and entities that source material from the Xinjiang Uyghur Autonomous Region 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. These entities are:

• Anhui Yaozhiyuan Biotechnology Development Co., Ltd. (also known as Anhui Yaozhiyuan Chinese Herbal Medicine Co., Ltd.; Anhui Yaozhiyuan Chinese Medicinal Materials Co., Ltd.; and Anhui Yaozhiyuan Biological Technology Development Co., Ltd.)

• Annan Canned Food Co., Ltd. (also known as Nanling County Annan Canned Food Co., Ltd.)

• Dalian Sunspeed Foods Co., Ltd. (also known as Dalian Shengchi International Trade Co., Ltd.)

• Gansu Yasheng International Trading Co., Ltd. (also known as Gansu Yasheng International Trade Co., Ltd.; and Yasheng International Trade; and formerly known as Gansu Yasheng International Trade Group Co., Ltd.)

• Hangzhou Union Biotechnology Co., Ltd. (also known as Hangzhou Youer Biotechnology Co., Ltd.; Youer Biotech; and Union Biotech)

• Hebei Suguo International Trade Co., Ltd. (also known as Suguo International)

• Hebei Tomato Industry Co., Ltd. (also known as Hebei Temeite Industrial Group Co., Ltd.; and formerly known as Hebei Temeite International Trade Co., Ltd.)

• Hunan Nanmo Biotechnology Co., Ltd. (also known as Hunan Nanmomo Technology Co., Ltd.)

• Inner Mongolia Qileyuan Food Co., Ltd.

• Inner Mongolia Xuanda Food Co., Ltd. (also known as Xuanda Food; and formerly known as Wuyuan County Xuanda Cereals, Oils and Foods Co., Ltd.)

• Jinan Haihong International Trade Co., Ltd. (formerly known as Jinan Haifang Trading Co., Ltd.)

• Jining Pengjie Trading Co., Ltd.

• Junan Jinsheng Import & Export Co., Ltd. (also known as Junan County Jinsheng Import and Export Co., Ltd.)

• Kingherbs Limited (also known as Changsha Jincao Biotechnology Co., Ltd.)

• Qingdao Vital Nutraceutical Ingredients BioScience Co., Ltd. (also known as Qingdao Weiyikang Biotechnology Co., Ltd.)

• Shanghai JUMP Machinery & Technology Co., Ltd. (also known as Shanghai Jiapai Machinery Technology Co., Ltd.; and formerly known as Shanghai Chituma Food Machinery Technology Co., Ltd.)

• Sichuan Yuan’an Pharmaceutical Co., Ltd. (also known as Sichuan Yuanan Pharmaceutical Co., Ltd.)

• Taiyuan Weishan International Economic Business Co., Ltd. (also known as Taiyuan Weishan International Trade Co., Ltd.)

• The TNN Development Limited (also known as Dehui (Dalian) International Trade Co., Ltd.)

• Tianjin Dunhe International Trade Co., Ltd. (also known as Dunhe Foods)

• Tianjin Kunyu International Co., Ltd. (also known as China Kunyu Industrial Co., Ltd.)

• Tianjin Tianwei Food Co., Ltd. (formerly known as Tianjin Sanhe Fruit and Vegetable Co., Ltd.)

• Weifang Alice Food Co., Ltd.

• Xinjiang Daqo New Energy Co., Ltd. (also known as Xinjiang Great New Energy Co., Ltd.; Xinjiang Daxin Energy Co., Ltd.; and Xinjiang Daqin Energy Co., Ltd.)

• Zhangzhou Hang Fat Import & Export Co., Ltd. (also known as Zhangzhou Hengfa Import and Export Co., Ltd.)

Lastly, the notice includes a technical correction, modifying the name of an entity specified in section 2(d)(2)(B)(i) of the UFLPA. This entity is:

• Xinjiang East Hope Nonferrous Metals Co., Ltd.

This marks one of the largest single additions since May 2024 where twenty-six textile companies based in China were added. These additions increase the list of goods restricted from entering the U.S. to 107 entities. Textile and apparel continue to be the highest risk industries of having goods manufactured with forced labor, although the agricultural sector has a notable share of entities.

Due to a lack of supply chain visibility, transparency, and a variety of other reasons, substantiating goods to not be subject to the UFLPA once detained by CBP is extremely difficult. The fact that the majority of goods detained for forced labor suspicion do not come from China also adds a layer of complexity to the matter. Luckily, the attorneys at Barnes, Richardson & Colburn are available to assist companies seeking to ensure their supply chains align with the UFLPA.