Notice2022-16754
Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2022
Issuing agencies
Homeland Security Department
Abstract
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 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 UFLPA Entity List is also published as an appendix to this notice. Details related to the process for revising the UFLPA Entity List are included in this Federal Register notice.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47777-47779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16754]
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DEPARTMENT OF HOMELAND SECURITY
Notice on the Addition of Entities to 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 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 UFLPA Entity List is also
published as an appendix to this notice. 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 as of June 17, 2022, included as an appendix to this
notice.
ADDRESSES: Persons seeking additional information on the UFLPA Entity
List should email the FLETF at <a href="/cdn-cgi/l/email-protection#57111b1203117902111b0716791239233e232e1b3e2423173f2679333f2479303821"><span class="__cf_email__" data-cfemail="c7818b829381e992818b9786e982a9b3aeb3be8baeb4b387afb6e9a3afb4e9a0a8b1">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: John Pickel Jr., Principal Director,
Trade and Economic Security, Office of Strategy, Policy, and Plans,
DHS.
Phone: (202) 923-6060, Email: <a href="/cdn-cgi/l/email-protection#11575d5445573f44575d41503f547f657865685d7862655179603f7579623f767e67"><span class="__cf_email__" data-cfemail="7c3a3039283a52293a302c3d5239120815080530150f083c140d5218140f521b130a">[email protected]</span></a>.
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 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 <a href="https://www.dhs.gov/uflpa-entity-list">https://www.dhs.gov/uflpa-entity-list</a>.
The UFLPA Entity List is available as an appendix to this notice.
Future revisions to the UFLPA Entity List, which may include additions,
removals, or technical corrections, will be published to <a href="https://www.dhs.gov/uflpa-entitylist">https://www.dhs.gov/uflpa-entitylist</a> 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
(<a href="https://www.dhs.gov/uflpa-entity-list">https://www.dhs.gov/uflpa-entity-list</a>) 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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[[Page 47778]]
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
<a href="https://www.dhs.gov/uflpa-strategy">https://www.dhs.gov/uflpa-strategy</a>), 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 Xinjiang 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 Xinjiang to
recruit, transport, transfer, harbor, or receive forced labor or
Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of
Xinjiang;
(3) a list of entities that exported products made by entities in
lists 1 and 2 from the PRC into the United States; and
(4) 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.
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, and 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 (<a href="https://www.dhs.gov/uflpa-entity-list">https://www.dhs.gov/uflpa-entity-list</a>) 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 <a href="/cdn-cgi/l/email-protection#3b7d777e6f7d156e7d776b7a157e554f524f427752484f7b534a155f5348155c544d"><span class="__cf_email__" data-cfemail="0b4d474e5f4d255e4d475b4a254e657f627f724762787f4b637a256f6378256c647d">[email protected]</span></a>. 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)(B) of the UFLPA. The FLETF Chair will
refer all such removal requests and supporting information to FLETF
member agencies. Upon receipt of the 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
<a href="/cdn-cgi/l/email-protection#77313b3223315922313b2736593219031e030e3b1e0403371f0659131f0459101801"><span class="__cf_email__" data-cfemail="5513191001137b00131905147b103b213c212c193c2621153d247b313d267b323a23">[email protected]</span></a>. 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
The UFLPA Entity List was approved by the FLETF and published on
<a href="https://www.dhs.gov/uflpa-entity-list">https://www.dhs.gov/uflpa-entity-list</a> on June 17, 2022. There are
two sources for the listed entities identified on the UFLPA Entity
List as published on June 17, 2022. One is U.S. Customs and Border
Protection's Withhold Release Orders for goods produced by entities
where information reasonably indicates that such goods were produced
with forced labor of Uyghur and other ethnic and religious
minorities in or from Xinjiang. The second is the Entity List
maintained by the Department of Commerce's Bureau of Industry and
Security (BIS), 15 CFR Supp. 4 to part 744 (the BIS Entity List))
under the Export Administration Regulations, 15 CFR parts 730-774.
Specifically, the UFLPA Entity List includes certain entities that
were added to the BIS Entity List for their implication in human
rights violations and abuses in connection with the practice of
forced labor involving Uyghurs, Kazakhs, and other members of Muslim
minority groups in Xinjiang.
The UFPLA 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. Twenty entities 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.
UFLPA Entity List [June 17, 2022]
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)
[[Page 47779]]
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
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 of 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)
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).
No. 4 Vocation Skills Education Training Center (VSETC)
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
UFLPA Section 2 (d)(2)(B)(iv) A List of Entities That Exported Products
Described in Clause (iii) From the PRC 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.
Hefei Bitland Information Technology Co. Ltd.
Hetian Haolin Hair Accessories Co. Ltd.
Hetian Taida Apparel Co., Ltd.
Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries
Xinjiang Junggar Cotton and Linen Co., Ltd.
Lop County Hair Product Industrial Park
Lop County Meixin Hair Products Co., Ltd.
No. 4 Vocation Skills Education Training Center (VSETC)
Xinjiang Production and Construction Corps (XPCC) and its
subordinate and affiliated entities
Yili Zhuowan Garment Manufacturing Co., Ltd.
[FR Doc. 2022-16754 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-9M-P
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