The U.S. Department of Homeland Security (DHS) has announced the addition of five entities based in the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, increasing the total number of listed entities to 73. This move underscores DHS's commitment to eradicating forced labor and holding accountable those involved in human rights abuses against Uyghurs and other minority groups in the Xinjiang Uyghur Autonomous Region (XUAR).
Effective August 9, 2024, U.S. Customs and Border Protection (CBP) will enforce a rebuttable presumption that goods produced by Century Sunshine Group Holdings, Ltd., Kashgar Construction Engineering (Group) Co., Ltd., Rare Earth Magnesium Technology Group Holdings, Ltd., Xinjiang Habahe Ashele Copper Co., Ltd., and Xinjiang Tengxiang Magnesium Products Co., Ltd. are prohibited from entering the United States.
"As DHS identifies more entities across different sectors that use or facilitate forced labor, we act to keep their tainted goods out of our nation’s supply chains," said Secretary of Homeland Security Alejandro N. Mayorkas. "Today's announcement strengthens our enforcement of the Uyghur Forced Labor Prevention Act and helps responsible companies conduct due diligence so that, together, we can keep the products of forced labor out of our country."
The Forced Labor Enforcement Task Force (FLETF), chaired by DHS and including agencies such as the Office of the U.S. Trade Representative and various U.S. Departments, has added these entities since the UFLPA was enacted in December 2021. The list spans multiple sectors including apparel, agriculture, polysilicon, plastics, chemicals, batteries, household appliances, electronics, and food additives.
"We have shown again through today’s enforcement actions that the United States is committed to keeping goods made with forced labor out of U.S. supply chains," said DHS Under Secretary for Policy Robert Silvers.
The FLETF has determined that two entities meet criteria under Section 2(d)(2)(B)(ii) for working with XUAR authorities to recruit or transport forced labor; two meet criteria under Section 2(d)(2)(B)(v) for sourcing materials from XUAR; and one entity meets both criteria.
Xinjiang Habahe Ashele Copper Co., Ltd., which mines nonferrous metals like zinc and copper in XUAR, was found to be working with local authorities to recruit Kazakh workers through PRC labor programs.
Kashgar Construction Engineering (Group) Co., Ltd., engaged in construction activities in Kashgar, Xinjiang, was identified for participating in recruitment programs targeting ethnic minorities from Xinjiang.
Century Sunshine Group Holdings, Ltd., based in Hong Kong and manufacturing magnesium products, sources its materials from XUAR through vertically-integrated subsidiaries.
Rare Earth Magnesium Technology Group Holdings, Ltd., also based in Hong Kong and a subsidiary of Century Sunshine Group Holdings Ltd., operates its magnesium product business from XUAR.
Xinjiang Tengxiang Magnesium Products Co., Ltd., based in Hami, Xinjiang manufactures magnesium products while sourcing raw materials like coal and dolomite from XUAR.
The bipartisan Uyghur Forced Labor Prevention Act mandates CBP apply a rebuttable presumption against goods linked to forced labor unless proven otherwise by clear evidence. Since June 2022 enforcement began over 9,000 shipments valued at more than $3.4 billion have been reviewed under this law.
This action aligns with President Biden’s Memorandum on Advancing Worker Empowerment globally and reflects DHS's focus on combating exploitation within supply chains as outlined in its recent Quadrennial Homeland Security Review.
Further details about FLETF can be found at: https://www.dhs.gov/uflpa.
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