By: Arthur Bodek

The U.S. Department of Homeland Security announced the addition of twenty-nine companies to the Uyghur Forced Labor Prevention Act (UFLPA) Consolidated Entity List (and corrected the name of a thirtieth company).

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 specific changes are set forth below.

1. Entities Added under the UFLPA Section 2(d)(2)(B)(ii) List (entities working with the government of the XUAR to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the XUAR)

• Western Gold Co., Ltd.
• Western Gold Hami Gold Mine Co., Ltd.
• Western Gold Karamay Hatu Gold Mine Co., Ltd.
• Xinjiang Nonferrous Metals Industry Group Co., Ltd.
• Xinjiang Zhonghe Co., Ltd. (also known as Xinjiang Joinworld Co., Ltd.)

2. Entities Added under the UFLPA Section 2(d)(2)(B)(v) list (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)

• Anhui Yaozhiyuan Biotechnology Development Co., Ltd. (also known as Anhui Yaozhiyuan Chinese Herbal Medicine Co., Ltd.; Anhui Yaozhiyuan Chinese Medicinal Materials Co., Ltd.; and Anhui Yaozhiyuan Biological Technology Development Co., Ltd.)
• Annan Canned Food Co., Ltd. (also known as Nanling County Annan Canned Food Co., Ltd.)
• Dalian Sunspeed Foods Co., Ltd. (also known as Dalian Shengchi International Trade Co., Ltd.)
• Gansu Yasheng International Trading Co., Ltd. (also known as Gansu Yasheng International Trade Co., Ltd.; and Yasheng International Trade; and formerly known as Gansu Yasheng International Trade Group Co., Ltd.)
• Hangzhou Union Biotechnology Co., Ltd. (also known as Hangzhou Youer Biotechnology Co., Ltd.; Youer Biotech; and Union Biotech)
• Hebei Suguo International Trade Co., Ltd. (also known as Suguo International)
• Hebei Tomato Industry Co., Ltd. (also known as Hebei Temeite Industrial Group Co., Ltd.; and formerly known as Hebei Temeite International Trade Co., Ltd.)
• Hunan Nanmo Biotechnology Co., Ltd. (also known as Hunan Nanmomo Technology Co., Ltd.)
• Inner Mongolia Qileyuan Food Co., Ltd.
• Inner Mongolia Xuanda Food Co., Ltd. (also known as Xuanda Food; and formerly known as Wuyuan County Xuanda Cereals, Oils and Foods Co., Ltd.)
• Jinan Haihong International Trade Co., Ltd. (formerly known as Jinan Haifang Trading Co., Ltd.)
• Jining Pengjie Trading Co., Ltd.
• Junan Jinsheng Import & Export Co., Ltd. (also known as Junan County Jinsheng Import and Export Co., Ltd.)
• Kingherbs Limited (also known as Changsha Jincao Biotechnology Co., Ltd.)
• Qingdao Vital Nutraceutical Ingredients BioScience Co., Ltd. (also known as Qingdao Weiyikang Biotechnology Co., Ltd.)
• Shanghai JUMP Machinery & Technology Co., Ltd. (also known as Shanghai Jiapai Machinery Technology Co., Ltd.; and formerly known as Shanghai Chituma Food Machinery Technology Co., Ltd.)
• Sichuan Yuan’an Pharmaceutical Co., Ltd. (also known as Sichuan Yuanan Pharmaceutical Co., Ltd.)
• Taiyuan Weishan International Economic Business Co., Ltd. (also known as Taiyuan Weishan International Trade Co., Ltd.)
• The TNN Development Limited (also known as Dehui (Dalian) International Trade Co., Ltd.)
• Tianjin Dunhe International Trade Co., Ltd. (also known as Dunhe Foods)
• Tianjin Kunyu International Co., Ltd. (also known as China Kunyu Industrial Co., Ltd.)
• Tianjin Tianwei Food Co., Ltd. (formerly known as Tianjin Sanhe Fruit and Vegetable Co., Ltd.)
• Weifang Alice Food Co., Ltd.
• Xinjiang Daqo New Energy Co., Ltd. (also known as Xinjiang Great New Energy Co., Ltd.; Xinjiang Daxin Energy Co., Ltd.; and Xinjiang Daqin Energy Co., Ltd.)
• Zhangzhou Hang Fat Import & Export Co., Ltd. (also known as Zhangzhou Hengfa Import and Export Co., Ltd.)

3. Modification of Party Name under the UFLPA Section 2(d)(2)(B)(i) list (entities in the XUAR that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor)

• Xinjiang East Hope Nonferrous Metals Co., Ltd.

Since the UFLPA was signed into law, over 100 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 is also 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