By: Arthur Bodek
On August 8, 2024, the U.S. Department of Homeland Security announced the addition of five companies to the Uyghur Forced Labor Prevention Act (UFLPA) Consolidated Entity List.
By statute, goods, mined, produced, or manufactured wholly or in part in the XUAR or produced by an entity on one of the UFLPA lists are subject to a rebuttable presumption that they were made using forced labor and are inadmissible.
The five new additions to the entity list, effective August 9th, are:
- Kashgar Construction Engineering (Group) Co., Ltd. *
- Xinjiang Habahe Ashele Copper Co., Ltd. (also known as Ashele Copper) *
- Xinjiang Tengxiang Magnesium Products Co., Ltd. *, **
- Century Sunshine Group Holdings, Ltd. **
- Rare Earth Magnesium Technology Group Holdings, Ltd. **
Since the UFLPA was signed into law, 73 entities have been added to the UFLPA Entity List involving various product sectors. The full list can be found here. Future additions to the list will be considered. A procedure also is available whereby parties may request their removal from the entity list.
Please do not hesitate to contact any of our attorneys for further information on the above or any other aspect of UFLPA compliance.
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* Found to fall within the UFLPA category of entities working with the government of the Xinjiang Uyghur Autonomous Region (“XUAR”) to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the XUAR.
** Found to fall within the UFLPA category of facilities and entities that source material from the XUAR or from persons working with the government of Xinjiang or the Xinjiang Production and Construction Corps (“XPCC”) for purposes of the “poverty alleviation” program or the “pairing-assistance” program or any other government labor scheme that uses forced labor:
