DHS Launched a Discover on the Addition of Entities to the UFLPA Entity Listing

On August 4, 2022, the US Division of Homeland Safety (DHS), because the Chair of the Pressured Labor Enforcement Job Power (FLETF), formally printed the Uyghur Pressured Labor Prevention Act (UFLPA) Entity Listing. The Entity listing is a consolidated register of the 4 lists required to be developed and maintained pursuant to Part 2(d)(2)(B) of the UFLPA. DHS additionally launched particulars on searching for modifications to the UFLPA Entity Listing, together with requests for removing from the listing.

For our earlier weblog entries on the UFLPA and its implementation, see posts right here, right here, right here, right here, right here and right here.

UFLPA requires the Commissioner of US Customs and Border Safety (CBP) to use a rebuttable presumption that items mined, produced, or manufactured by entities on the UFLPA Entity Listing are made with compelled labor, and subsequently, are prohibited from importation into the US beneath 19 USC 1307. The regulation additionally required the FLETF to create and keep an inventory of entities alleged to be utilizing compelled labor in operations inside Xinjiang or different elements of China, damaged into 4 elements:

  • an inventory of entities in Xinjiang that allegedly mine, produce, or manufacture wholly or partially any items, wares, articles, and merchandise with compelled labor;
  • an inventory of entities allegedly working with the federal government of Xinjiang to recruit, transport, switch, harbor, or obtain compelled labor or Uyghurs, Kazakhs, Kyrgyz, or members of different persecuted teams out of Xinjiang;
  • an inventory of entities that allegedly exported merchandise made by entities in lists 1 and a couple of from the Individuals’s Republic of China into the US; and
  • an inventory of services and entities, together with the Xinjiang Manufacturing and Development Corps, that allegedly supply materials from Xinjiang or from individuals working with the federal government of Xinjiang or the Xinjiang Manufacturing and Development Corps for functions of the ”poverty alleviation” program or the ”pairing-assistance” program or some other government-labor scheme that allegedly makes use of compelled labor.

The UFLPA Entity Listing consolidates these 4 lists. In accordance with Part 3(e) of the UFLPA, efficient June 21, 2022, entities on the UFLPA Entity Listing are topic to the UFLPA’s rebuttable presumption, and merchandise these entities produce, wholly or partially, are prohibited from entry into the US. A replica of the ULFPA Entity Listing is included as Appendix 1 right here.

The August 4, 2022 discover additionally offers particulars on how listed entities could search removing from the listing. As a part of such requests, impacted entities ought to present info that demonstrates that the entity not meets or doesn’t meet the standards described within the relevant UFLPA clause governing its inclusion on the UFLPA Entity Listing. Selections to take away an entity from the UFLPA Entity Listing can be made by majority vote of the FLETF member companies. Along with DHS, the FLETF member companies are the Workplace of the US Commerce Consultant, and the Departments of Labor, State, Justice, Treasury, and Commerce. The Departments of Power and Agriculture, the US Company for Worldwide Growth, the Nationwide Safety Council, CBP, and US Immigration and Customs Enforcement Homeland Safety Investigations take part as observer companies.

Future revisions to the UFLPA Entity Listing, which can embody additions, removals, or technical corrections, can be printed right here and within the appendices of future Federal Register notices.