Two More Entities Added to Forced Labor List; CBP Updates Website

Trade Update • October 23, 2024

he U.S. Department of Homeland Security (DHS), as the Chair of the Forced Labor Enforcement Task Force (FLETF), has announced updates to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. This list serves as a consolidated register of entities identified under the UFLPA, which prohibits the importation of goods made with forced labor into the United States. The updated UFLPA Entity List is now available on the DHS UFLPA website and has been published as an appendix to the latest Federal Register notice dated October 3, 2024.

Key Changes [October 3 Update]

The latest update adds two entities to the UFLPA Entity List and includes a technical correction for an existing entry:

New Additions:

• Baowu Group Xinjiang Bayi Iron and Steel Co., Ltd. has been added under section 2(d)(2)(B)(ii). This company is identified for collaborating with the Xinjiang government in forced labor recruitment and the transfer of Uyghurs, Kazakhs, and other persecuted groups. Based in Urumqi, it is engaged in iron ore mining and steel production.

• Changzhou Guanghui Food Ingredients Co., Ltd. is included under section 2(d)(2)(B)(v). The company, headquartered in Jiangsu, produces aspartame and sources raw materials from Xinjiang, linked to forced labor schemes. It operates under various aliases, including GSweet.

Technical Correction:

• The entity previously listed as Hefei Meiling Co., Ltd. is now recognized as Changhong Meiling Co., Ltd. under section 2(d)(2)(B)(ii). This correction aligns the list with recent name changes by the entity, ensuring clarity in enforcement.

Implications of the Update

Under the UFLPA, the Commissioner of U.S. Customs and Border Protection (CBP) must apply a rebuttable presumption that goods produced by these entities are made with forced labor and, therefore, prohibited from entering the U.S. market under 19 U.S.C. 1307. Since its enforcement began on June 21, 2022, the UFLPA has significantly impacted U.S. imports, leading to detentions of goods suspected of being tied to forced labor, with a total value exceeding $3.5 billion. There are now 75 companies on this list, including those active in the apparel, agriculture, polysilicon, plastics, chemicals, batteries, household appliances, electronics, and food additives sectors, among others.

UFLPA Entity List

The UFLPA Entity List addresses distinct requirements set forth in clauses (i), (ii), (iv), and (v) of section 2(d)(2)(B) of the UFLPA that the FLETF identify and publish the following four lists:

(1) a list of entities in the Xinjiang Uyghur Autonomous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles, and merchandise with forced labor;

(2) a list of 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;

(3) a list of entities that exported products made by entities in lists 1 and 2 from the People’s Republic of China into the United States; and

(4) a list of facilities and entities, including the Xinjiang Production and Construction Corps, 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.

CBP Updates Forced Labor Website

U.S. Customs and Border Protection (CBP) announced the publication of its re-vamped Forced Labor (https://www.cbp.gov/trade/forced-labor) website.

Check out their revamped website with major upgrades! Explore their new features, fresh look, expanded resource materials, and improved user experience.

The website features a new Forced Labor enforcement page that provides statistics, dashboards, and information related to CBP’s enforcement efforts, such as the Uyghur Forced Labor Prevention Act (UFLPA), Withhold Release Orders (WRO) and Findings, and Countering America’s Adversaries Through Sanctions Act (CAATSA). CBP also redesigned their website to streamline navigation and enhance users’ experience, CBP is dedicated to providing stakeholders the information they need to support CBP’s mission to prevent products mined, produced, or manufactured wholly or in part with forced labor from entering the United States. Users will continue to have access to a wealth of information and resources such as user guides, videos on various forced labor topics, FAQs, links to other government resources, and more.

For more information on the FLETF and the UFLPA, visit DHS UFLPA.

For questions or concerns about if your products are affected please contact us.