Notice Regarding the Uyghur Forced Labor Prevention Act Entity List

Published date17 May 2024
Record Number2024-10544
Citation89 FR 43417
CourtHomeland Security Department
SectionNotices
Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
                [Notices]
                [Pages 43417-43420]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-10544]
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                DEPARTMENT OF HOMELAND SECURITY
                Notice Regarding the Uyghur Forced Labor Prevention Act Entity
                List
                AGENCY: Department of Homeland Security.
                ACTION: Notice.
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                SUMMARY: The U.S. Department of Homeland Security (DHS), as the Chair
                of the Forced Labor Enforcement Task Force (FLETF), announces the
                publication and availability of the updated Uyghur Forced Labor
                Prevention Act (UFLPA) Entity List, a consolidated register of the four
                lists required to be developed and maintained pursuant to section
                2(d)(2)(B) of the UFLPA, on the DHS UFLPA website. The updated UFLPA
                Entity List is also published as an appendix to this notice. This
                update adds twenty-six entities to the section 2(d)(2)(B)(v) list of
                the UFLPA, which identifies facilities and entities that source
                material from 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. Details related to the process for
                revising the UFLPA Entity List are included in this Federal Register
                notice.
                DATES: This notice announces the publication and availability of the
                UFLPA Entity List updated as of May 17, 2024, included as an appendix
                to this notice.
                ADDRESSES: Persons seeking additional information on the UFLPA Entity
                List should email the FLETF at [email protected].
                FOR FURTHER INFORMATION CONTACT: LeRoy Potts, Director, Entity List
                Office, Trade and Economic Security, Office of Strategy, Policy, and
                Plans, DHS. Phone: (202) 891-2331, Email:
                [email protected].
                SUPPLEMENTARY INFORMATION: The U.S. Department of Homeland Security
                (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), is
                announcing the publication of the updated UFLPA Entity List, a
                consolidated register of the four lists required to be developed and
                maintained pursuant to section 2(d)(2)(B) of the Uyghur Forced Labor
                Prevention Act (Pub. L. 117-78) (UFLPA), to https://www.dhs.gov/uflpa-entity-list. The UFLPA Entity List is available as an appendix to this
                notice. This update adds twenty-six entities to the section
                2(d)(2)(B)(v) list of the UFLPA, which identifies facilities and
                entities that source material from 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. Future
                [[Page 43418]]
                revisions to the UFLPA Entity List, which may include additions,
                removals or technical corrections, will be published to https://www.dhs.gov/uflpa-entitylist and in the appendices of future Federal
                Register notices. See Appendix 1.
                 Beginning on June 21, 2022, the UFLPA requires the Commissioner of
                U.S. 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 under 19 U.S.C. 1307. See section
                3(a) of the UFLPA. As the FLETF revises the UFLPA Entity List,
                including by making additions, removals, or technical corrections, DHS,
                on its behalf, will post such revisions to the DHS UFLPA website
                (https://www.dhs.gov/uflpa-entity-list) and also publish the revised
                UFLPA Entity List as an appendix to a Federal Register notice.
                Background
                A. The Forced Labor Enforcement Task Force
                 Section 741 of the United States-Mexico-Canada Agreement
                Implementation Act established the FLETF to monitor United States
                enforcement of the prohibition under section 307 of the Tariff Act of
                1930, as amended (19 U.S.C. 1307). See 19 U.S.C. 4681. Pursuant to DHS
                Delegation Order No. 23034, the DHS Under Secretary for Strategy,
                Policy, and Plans serves as Chair of the FLETF, an interagency task
                force that includes the Department of Homeland Security, the Office of
                the U.S. Trade Representative, and the Departments of Labor, State,
                Justice, the Treasury, and Commerce (member agencies).\1\ See 19 U.S.C.
                4681; Executive Order 13923 (May 15, 2020). In addition, the FLETF
                includes six observer agencies: the Departments of Energy and
                Agriculture, the U.S. Agency for International Development, the
                National Security Council, U.S. Customs and Border Protection, and U.S.
                Immigration and Customs Enforcement Homeland Security Investigations.
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                 \1\ The U.S. Department of Homeland Security, as the FLETF
                Chair, has the authority to invite representatives from other
                executive departments and agencies, as appropriate. See Executive
                Order 13923 (May 15, 2020). The U.S. Department of Commerce is a
                member of the FLETF as invited by the Chair.
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                B. The Uyghur Forced Labor Prevention Act: Preventing Goods Made With
                Forced Labor in the People's Republic of China From Being Imported Into
                the United States
                 The UFLPA requires, among other things, that the FLETF, in
                consultation with the Secretary of Commerce and the Director of
                National Intelligence, develop a strategy (UFLPA section 2(c)) for
                supporting enforcement of section 307 of the Tariff Act of 1930, to
                prevent the importation into the United States of goods, wares,
                articles, and merchandise mined, produced, or manufactured wholly or in
                part with forced labor in the People's Republic of China. As required
                by the UFLPA, the Strategy to Prevent the Importation of Goods Mined,
                Produced, or Manufactured with Forced Labor in the People's Republic of
                China, which was published on the DHS website on June 17, 2022 (see
                https://www.dhs.gov/uflpa-strategy), includes the initial UFLPA Entity
                List, a consolidated register of the four lists required to be
                developed and maintained pursuant to the UFLPA. See UFLPA section
                2(d)(2)(B).
                C. 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.
                 The UFLPA Entity List is a consolidated register of the above four
                lists. In accordance with section 3(e) of the UFLPA, effective June 21,
                2022, entities on the UFLPA Entity List (listed entities) are subject
                to the UFLPA's rebuttable presumption that products they produce,
                wholly or in part, are prohibited from entry into the United States
                under 19 U.S.C. 1307. The UFLPA Entity List is described in Appendix 1
                to this notice. The UFLPA Entity List should not be interpreted as an
                exhaustive list of entities engaged in the practices described in
                clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the UFLPA.
                 Revisions to the UFLPA Entity List, including all additions,
                removals, and technical corrections, will be published on the DHS UFLPA
                website (https://www.dhs.gov/uflpa-entity-list) and as an Appendix to a
                notice that will be published in the Federal Register. See Appendix 1.
                The FLETF will consider future additions to, or removals from, the
                UFLPA Entity List based on criteria described in clauses (i), (ii),
                (iv), or (v) of section 2(d)(2)(B) of the UFLPA. Any FLETF member
                agency may submit a recommendation(s) to add, remove or make technical
                corrections to an entry on the UFLPA Entity List. FLETF member agencies
                will review and vote on revisions to the UFLPA Entity List accordingly.
                Additions to the Entity List
                 The FLETF will consider future additions to the UFLPA Entity List
                based on the criteria described in clauses (i), (ii), (iv), or (v) of
                section 2(d)(2)(B) of the UFLPA. Any FLETF member agency may submit a
                recommendation to the FLETF Chair to add an entity to the UFLPA Entity
                List. Following review of the recommendation by the FLETF member
                agencies, the decision to add an entity to the UFLPA Entity List will
                be made by majority vote of the FLETF member agencies.
                Requests for Removal From the Entity List
                 Any listed entity may submit a request for removal (removal
                request) from the UFLPA Entity List along with supporting information
                to the FLETF Chair at [email protected]. In the removal
                request, the entity (or its designated representative) should provide
                information that demonstrates that the entity no longer meets or does
                not meet the criteria described in the applicable clause ((i), (ii),
                (iv), or (v)) of section 2(d)(2)(B) of the UFLPA. The FLETF Chair will
                refer all such removal requests and supporting information to FLETF
                member agencies. Upon receipt of the
                [[Page 43419]]
                removal request, the FLETF Chair or the Chair's designated
                representative may contact the entity on behalf of the FLETF regarding
                questions on the removal request and may request additional
                information. Following review of the removal request by the FLETF
                member agencies, the decision to remove an entity from the UFLPA Entity
                List will be made by majority vote of the FLETF member agencies.
                 Listed entities may request a meeting with the FLETF after
                submitting a removal request in writing to the FLETF Chair at
                [email protected]. Following its review of a removal
                request, the FLETF may accept the meeting request at the conclusion of
                the review period and, if accepted, will hold the meeting prior to
                voting on the entity's removal request. The FLETF Chair will advise the
                entity in writing of the FLETF's decision on its removal request. While
                the FLETF's decision on a removal request is not appealable, the FLETF
                will consider new removal requests if accompanied by new information.
                Robert Silvers,
                Under Secretary, Office of Strategy, Policy, and Plans, U.S. Department
                of Homeland Security.
                Appendix 1
                 This notice supersedes the UFLPA Entity List published in the
                Federal Register on December 11, 2023 (88 FR 85899). The UFLPA Entity
                List as of May 17, 2024 is available in this appendix and is published
                on https://www.dhs.gov/uflpa-entity-list. This update adds twenty-six
                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. The twenty-six entities listed are cotton
                traders or warehouse facilities that the United States government has
                reasonable cause to believe, based on specific and articulable
                information, source cotton from the Xinjiang Uyghur Autonomous Region.
                That specific and articulable information includes an online wholesale
                platform that, as recently as April of 2024, marketed cotton sourced
                from the Xinjiang Uyghur Autonomous Region for sale by twenty-one of
                the listed entities, as well as corporate documents, websites, or media
                reports indicating that five other listed entities source cotton from
                the Xinjiang Uyghur Autonomous Region. Given information that indicates
                all twenty-six companies source cotton from the Xinjiang Uyghur
                Autonomous Region, the FLETF determined that the activities of the
                entities satisfy the criteria for addition to the section 2(d)(2)(B)(v)
                list of the UFLPA.
                 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.
                 No technical corrections or removals are being made to the UFLPA
                Entity List at this time.
                 The UFLPA Entity List is a consolidated register of the four lists
                that are required to be developed and maintained pursuant to section
                2(d)(2)(B) of the UFLPA. Sixty-five entities \2\ that meet the criteria
                set forth in the four required lists (see sections 2(d)(2)(B)(i), (ii),
                (iv), and (v) of the UFLPA) are specified on the UFLPA Entity List.
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                 \2\ Since the most recent update published on December 11, 2023,
                the FLETF has updated the method it uses to count the number of
                entities. Beginning with this update, the FLETF now individually
                counts all named subsidiaries. This change increases the total count
                by nine, to account for subsidiaries identified in the June 12, 2023
                (Federal Register:: Notice Regarding the Uyghur Forced Labor
                Prevention Act Entity List) and August 2, 2023 (Federal Register::
                Notice Regarding the Uyghur Forced Labor Prevention Act Entity
                List).
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                UFLPA Entity List May 17, 2024
                UFLPA Section 2(d)(2)(B)(i) A List of Entities in Xinjiang That Mine,
                Produce, or Manufacture Wholly or in Part any Goods, Wares, Articles,
                and Merchandise With Forced Labor
                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
                [[Page 43420]]
                UFLPA Section 2(d)(2)(B)(ii) 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
                Aksu Huafu Textiles Co. (including two aliases: Akesu Huafu and Aksu
                Huafu Dyed Melange Yarn)
                Anhui Xinya New Materials Co., Ltd. (formerly known as Chaohu Youngor
                Color Spinning Technology Co., Ltd.; and Chaohu Xinya Color Spinning
                Technology Co., Ltd.)
                Camel Group Co., Ltd.
                COFCO Sugar Holdings Co., Ltd.
                Geehy Semiconductor Co., Ltd.
                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).
                Ninestar Corporation
                No. 4 Vocation Skills Education Training Center (VSETC)
                Sichuan Jingweida Technology Group Co., Ltd. (also known as Sichuan
                Mianyang Jingweida Technology Co., Ltd. and JWD Technology; and
                formerly known as Mianyang High-tech Zone Jingweida Technology Co.,
                Ltd.)
                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
                Xinjiang Tianmian Foundation Textile Co., Ltd.
                Xinjiang Tianshan Wool Textile Co. Ltd.
                Xinjiang Zhongtai Chemical Co. Ltd.
                Xinjiang Zhongtai Group Co. Ltd
                Zhuhai Apex Microelectronics Co., Ltd.
                Zhuhai G&G Digital Technology Co., Ltd.
                Zhuhai Ninestar Information Technology Co. Ltd.
                Zhuhai Ninestar Management Co., Ltd.
                Zhuhai Pantum Electronics Co. Ltd.
                Zhuhai Pu-Tech Industrial Co., Ltd.
                Zhuhai Seine Printing Technology Co., Ltd.
                UFLPA Section 2(d)(2)(B)(iv) A List of Entities That Exported Products
                Described in Clause (iii) From the People's Republic of China Into the
                United States
                 Entities identified in sections (i) and (ii) above may serve as
                both manufacturers and exporters. The FLETF has not identified
                additional exporters at this time but will continue to investigate and
                gather information about additional entities that meet the specified
                criteria.
                UFLPA Section 2(d)(2)(B)(v) 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
                Baoding LYSZD Trade and Business Co., Ltd.
                Binzhou Chinatex Yintai Industrial Co., Ltd.
                Chenguang Biotech Group Co., Ltd.
                Chenguang Biotechnology Group Yanqi 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.
                Hefei Bitland Information Technology 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
                Hetian Haolin Hair Accessories Co. Ltd.
                Hetian Taida Apparel Co., Ltd.
                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)
                Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries
                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.
                Lop County Hair Product Industrial Park
                Lop County Meixin Hair Products Co., Ltd.
                Nanyang Hongmian Logistics Co., Ltd. (also known as Nanyang Red Cotton
                Logistics Co., Ltd.)
                No. 4 Vocation Skills Education Training Center (VSETC)
                Wugang Zhongchang Logistics Co., Ltd.
                Xinjiang Junggar Cotton and Linen Co., Ltd.
                Xinjiang Production and Construction Corps (XPCC) and its subordinate
                and affiliated entities
                Xinjiang Yinlong Agricultural International Cooperation Co.
                Yili Zhuowan Garment Manufacturing Co., Ltd.
                [FR Doc. 2024-10544 Filed 5-16-24; 8:45 am]
                BILLING CODE 9110-9M-P
                

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