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  4. DHS Will Now Restrict Goods from Over 100 PRC-Based Companies from Entering the United States Due to Forced Labor Practices

DHS Will Now Restrict Goods from Over 100 PRC-Based Companies from Entering the United States Due to Forced Labor Practices

Release Date: November 22, 2024

The Addition of 29 New Entities to the UFLPA Entity List Brings the List to 107 

WASHINGTON – Today, the Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), announced the addition of 29 companies based in the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List – bringing the total number of entities on the UFLPA Entity List to 107.The FLETF, chaired by DHS, is taking these steps as part of its commitment to eliminating the use of forced labor practices in U.S. supply chains and promoting accountability for the ongoing genocide and crimes against humanity against Uyghurs and other religious and ethnic minority groups in the Xinjiang Uyghur Autonomous Region (XUAR).

“Forced labor is a violation of basic human rights,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department of Homeland Security has aggressively enforced the Uyghur Forced Labor Prevention Act, preventing goods made through forced labor from entering our country, investigating and exposing more than 100 bad actors, and helping American businesses avoid inadvertently profiting from this modern form of slavery. Alongside our government, industry, and civil society partners, the United States is making progress towards the eradication of forced labor while supporting economic fairness, safeguarding human rights, and holding perpetrators accountable.”

“Today’s enforcement actions make it clear -- the United States will not tolerate forced labor in the goods entering our markets,” said the Under Secretary for Policy, Robert Silvers, who serves as Chair of the Federal Labor Enforcement Task Force. “The Uyghur Forced Labor Prevention Act is a powerful tool in the fight against forced labor, and we are using it to its full potential.  We urge companies to take responsibility, know their supply chains, and act ethically."

The UFLPA has been a key instrument for the Biden-Harris administration’s fight against forced labor, particularly in the XUAR, and in safeguarding U.S. supply chains. Through the Department’s initiatives, the administration has prioritized ethical sourcing and production, reinforcing global workers’ rights and empowering consumers to make informed, values-based choices. This work underscores a commitment to building a fairer and more responsible global trade system.

Effective November 25, 2024, U.S. Customs and Border Protection will apply a rebuttable presumption that goods produced by the named 29 entities will be prohibited from entering the United States as a result of the companies’ activities, either sourcing materials from the XUAR or working with the government of Xinjiang to recruit, transport, transfer, harbor, orreceive Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the XUAR.

Tianjin Tianwei Food Co., Ltd. (formerly known as Tianjin Sanhe Fruit and Vegetable Co., Ltd.) is a company located in Tianjin, China that processes fruit, vegetable, and agricultural products, especially tomato products, and integrates raw material planting, picking, production, processing, trade, and scientific research and development.  The United States Government has reasonable cause to believe, based on specific and articulable information, that Tianjin Tianwei Food Co., Ltd. sources material, specifically tomatoes, from the XUAR. Information reviewed by the FLETF, including publicly available information, indicates that Tianjin Tianwei Food Co., Ltd. sources tomatoes from the XUAR, including from Bazhou, Xinjiang.

Xinjiang Zhonghe Co., Ltd., (also known as Xinjiang Joinworld Co., Ltd.), is a company located in the XUAR that primarily focuses on the research, development, production, and sales of electronic materials and aluminum and alloy products including high-purity aluminum, electronic aluminum foil, electrode foil, and other aluminum and alloy products.  These products are primarily used in electronic equipment, wires, and cables in a wide range of downstream products, including household appliances, automobiles, and aerospace applications.  The United States Government has reasonable cause to believe, based on specific and articulable information, that Xinjiang Zhonghe Co., Ltd. works with the government of the XUAR to recruit and transfer Uyghurs out of the XUAR.  Information reviewed by the FLETF, including publicly available information, indicates Xinjiang Zhonghe cooperates with local Xinjiang governments in Yingjisha County and participates in government-sponsored poverty alleviation and labor programs to recruit and transfer Uyghurs. The FLETF therefore determined that the activities of Xinjiang Zhonghe Co., Ltd. satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(ii).

Xinjiang Nonferrous Metals Industry Group Co., Ltd. and three of its subsidiaries: Western Gold Co., Ltd., Western Gold Karamay Hatu Gold Mine Co., Ltd. and Western Gold Hami Gold Mine Co., Ltd. are located in the XUAR.  Xinjiang Nonferrous Metals Industry Group Co., Ltd. (“Xinjiang Nonferrous”) is a state-owned enterprise based in Urumqi, Xinjiang that mines, smelts, and processes raw metallic materials, including copper, lithium, beryllium, nickel, manganese, and gold.  Western Gold Co., Ltd. (Western Gold) is a majority-owned subsidiary of Xinjiang Nonferrous that mines, processes, and sells gold and manganese resources, as well as chromium ore and iron ore mining and processing.  Western Gold KaramayHatu Gold Mine Co., Ltd. (Western Gold Karamay Hatu Gold Mine) is a wholly owned subsidiary of Western Gold that mines and processes gold and chromium ores.  Western Gold Hami Gold Mine Co., Ltd. (Western Gold Hami Gold Mine) is a wholly owned subsidiary of Western Gold that mines and processes gold ores.  The United States Government has reasonable cause to believe, based on specific and articulable information, that Xinjiang Nonferrous, Western Gold, Western Gold KaramayHatu Gold Mine, and Western Gold Hami Gold Mine work with the government of Xinjiang to recruit, transfer, or receive workers, including Uyghurs, out of Xinjiang.  Information reviewed by the FLETF, including publicly available information, indicates Xinjiang Nonferrous, Western Gold, Western Gold Karamay Hatu Gold Mine, and Western Gold Hami Gold Mine worked with the Xinjiang government, including local Xinjiang governments, to recruit, transfer, or receive Uyghurs from Xinjiang, including Hotan and Kashgar prefectures. The FLETF therefore determined that the activities of Xinjiang Nonferrous, Western Gold, Western Gold Karamay Hatu Gold Mine, and Western Gold Hami Gold Mine satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(ii).

23 Entities in the Agricultural Sector: The FLETF has identified 23 entities engaged in the production and sale of agricultural products, including tomato paste and tomato products, walnuts, red dates, raisins, and other products.  The FLETF has reasonable cause to believe, based on specific and articulable information, that the entities source agricultural products from the XUAR and sell them on online wholesale sites.  That information has been corroborated by other publicly available information indicating that the entities source goods from the XUAR.  Given information that indicates all 23 companies source agricultural products from the XUAR, the FLETF determined that the activities of the entities satisfy the criteria for addition to the UFLPA Entity List under Section 2(d)(2)(B)(v).  The 23 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.) 
  • Weifang Alice Food Co., Ltd. 
  • Zhangzhou Hang Fat Import & Export Co., Ltd. (also known as ZhangzhouHengfa Import and Export Co., Ltd.) 

In addition to the 29 new entities, the FLETF added a listed entity to an additional UFLPA Entity List sub-list and the FLETF modified the name of the listed entity through a technical correction.

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.), is a company located in Shihezi, XUAR that produces high purity polysilicon materials.  This company was first listed on the UFLPA Entity List, pursuant to Section 2(d)(2)(B)(i), in June 2022.  The United States Government has reasonable cause to believe, based on specific and articulable information, that Xinjiang Daqo New Energy Co., Ltd. sources silicon powder from the XUAR.  The FLETF therefore determined that the activities of Xinjiang Daqo New Energy Co., Ltd. satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2(B)(v).

Xinjiang East Hope Nonferrous Metals Co., Ltd., is a company located in the XUAR that manufactures nonferrous metals, nonferrous metal alloys products, and metal materials.  The company also participates in power generation, transmission, and supply activities.  When it was first added to the UFLPA Entity List in June 2022, the FLETF included one known alias, “Xinjiang Nonferrous.”  Information reviewed by the FLETF indicates that “Xinjiang Nonferrous” is not an alias of Xinjiang East Hope Nonferrous Metals Co., Ltd.  Therefore, the FLETF has determined that a technical correction is required to change the name of the entity “Xinjiang East Hope Nonferrous Metals Co., Ltd.” as it appears on Section 2(d)(2)(B)(i) to remove the alias “Xinjiang Nonferrous.”

DHS will publish the revised UFLPA Entity List as an appendix to a Federal Register notice.

The UFLPA, signed into law by President Joseph R. Biden, Jr. in December 2021, mandates that CBP apply a rebuttable presumption that goods that are either mined, produced or manufactured wholly or in part in the XUAR, or produced by entities identified on the UFLPA Entity List, are prohibited from importation into the United States, unless the Commissioner of CBP determines, by clear and convincing evidence, that the goods were not produced with forced labor.  CBP began enforcing the UFLPA in June 2022.  Since then, CBP has reviewed more than 10,000 shipments valued at more than $3.6 billion under the UFLPA.

This expansion of the UFLPA Entity List reflects DHS’ prioritization of combatting the introduction of forced labor into U.S. supply chains.

You can read more about the FLETF by visiting: www.dhs.gov/uflpa.    

 

Last Updated: 11/22/2024
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