There are now 107 companies flagged by U.S. regulators for using forced labor or sourcing materials from the Xinjiang Uyghur Autonomous Region of China, with the inclusion of 29 more companies, DHS said.
Uyghur Forced Labor Prevention Act (UFLPA)
The Uyghur Forced Labor Prevention Act (UFLPA) is a U.S. law passed in 2021 which created a "rebuttable presumption" that goods mined, produced or manufactured wholly or partially in China's Xinjiang Uyghur Autonomous Region are made using forced labor, and therefore banned from import into the United States. DHS's Forced Labor Enforcement Task Force maintains a UFLPA Entity List which lists offending companies. Importers that have had goods detained by CBP under UFLPA must either prove their goods were not made with forced labor, or demonstrate that their goods weren't made in whole or part in Xinjiang, in a process called an applicability review.
DHS added 30 more companies to the Uyghur Forced Labor Prevention Act Entity List for allegedly using forced labor or participating in forced labor schemes, it said in a notice. Some of the companies are in the metals sector, including the mining, smelting and processing of gold, copper, lithium, beryllium, nickel, manganese, chromium, iron and aluminum. Other newly listed entities produce food products, including tomatoes, tomato paste, ginger and garlic, edible seeds, walnuts and herbs for medicinal purposes. The listings take effect Nov. 25.
Correction: Tasha Reid Hippolyte, DHS deputy assistant secretary for trade and economic competitiveness, said (see 2411130036) that she is asking other decisionmakers in DHS to publish Chinese-language names of Uyghur Forced Labor Prevention Act Entity List firms, or the addresses of companies that have been added to the UFLPA Entity List. She said the easiest request to fulfill, "the one that I'm pushing," is to provide the Chinese-language names.
Singapore-headquartered Maxeon Solar Technologies says CBP continues to detain its solar panels imported from Mexico even though the company has provided proof that its solar panels comply with the Uyghur Forced Labor Prevention Act.
The Senate Appropriations Committee issued its proposal for funding the Department of Homeland Security, asserting its bill could get the bipartisan support needed to pass that chamber. House Speaker Mike Johnson, R-La., has previously said he would prefer to delay spending decisions until next year, when the House, Senate and White House will have Republican majorities. However, some observers believe Republicans would be better served by passing during the lame-duck session appropriations for the fiscal year that goes through September, freeing up Congress to spend its time in 2025 on the massive tax bill and other policy Trump administration priorities (see 2411120026).
NEW YORK -- Brian Hoxie, director of CBP's Forced Labor Division, told an apparel industry conference audience this week that DHS has been hearing their pleas for more transparency in forced labor enforcement.
CBP issued the following releases on commercial trade and related matters:
Sen. Marco Rubio, R-Fla., wrote to FDA Commissioner Robert Califf and DHS Secretary Alejandro Mayorkas, arguing that CBP is not enforcing the Uyghur Forced Labor Prevention Act he co-authored, as pharmaceuticals made in Xinjiang are entering the U.S.
DHS is adding more companies to the Uyghur Forced Labor Prevention Act, according to a notice released Oct. 31. Esquel Group, also known as Esquel China Holdings Limited; Guangdong Esquel Textile; and Turpan Esquel Textile are being added for sourcing material from Xinjiang or from persons working with the government of Xinjiang or the Xinjiang Production and Construction Corps for purposes of China's ‘‘poverty alleviation’’ program or ‘‘pairing-assistance’’ program, among other Chinese government labor schemes. The notice also appears to change the reason an already listed company, Changji Esquel Textile, is on the list, removing the company from one of the four lists that make up the broader UFLPA Entity List but adding it to another. The changes take effect Nov. 1.
DHS has updated its Uyghur Forced Labor Prevention Act Entity List to include textile companies that allegedly use forced labor or source material from the Xinjiang autonomous region in China, and it removed one entity from one category of alleged violations and placed it in another category, according to a Federal Register notice.