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Notice Regarding the Uyghur Forced Labor Prevention Act Entity List

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Document Details

Document Number2024-25423
TypeNotice
PublishedNov 1, 2024
Effective Date-
RIN-
Docket ID-
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Full Document Text (3,569 words · ~18 min read)

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<NOTICE> DEPARTMENT OF HOMELAND SECURITY <SUBJECT>Notice Regarding the Uyghur Forced Labor Prevention Act Entity List</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Department of Homeland Security. <HD SOURCE="HED">ACTION:</HD> Notice. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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 updated Uyghur Forced Labor Prevention Act (UFLPA) Entity List, a consolidated register of the four lists required to be developed and maintained pursuant to the UFLPA, on the DHS UFLPA website. The updated UFLPA Entity List is also published as an appendix to this notice. This update adds four entities to the section 2(d)(2)(B)(v) list of the UFLPA. Further, this update removes one entity from the section 2(d)(2)(B)(i) list of the UFLPA. Details related to the process for revising the UFLPA Entity List are included in this <E T="04">Federal Register</E> notice. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> This notice announces the publication and availability of the UFLPA Entity List updated as of November 1, 2024, included as an appendix to this notice. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> Persons seeking additional information on the UFLPA Entity List should email the FLETF at <E T="03">FLETF.UFLPA.EntityList@hq.dhs.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> LeRoy Potts, Director, Entity List Office, Trade and Economic Security, Office of Strategy, Policy, and Plans, DHS. Phone: (202) 891-2331, Email: <E T="03">FLETF.UFLPA.EntityList@hq.dhs.gov</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> The U.S. Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), is announcing the publication of the updated 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 <E T="03">https://www.dhs.gov/uflpa-entity-list.</E> The UFLPA Entity List is available as an appendix to this notice. This update adds four entities to the section 2(d)(2)(B)(v) list of the UFLPA, which identifies facilities and entities that source material from the Xinjiang Uyghur Autonomous Region 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. This update also removes one entity from the section 2(d)(2)(B)(i) list of the UFLPA, which identifies entities in the Xinjiang Uyghur Autonomous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles, and merchandise with forced labor. Future revisions to the UFLPA Entity List, which may include additions, removals or technical corrections, will be published to <E T="03">https://www.dhs.gov/uflpa-entitylist</E> and in the appendices of future <E T="04">Federal Register</E> notices. <E T="03">See</E> 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. <E T="03">See</E> 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 ( <E T="03">https://www.dhs.gov/uflpa-entity-list</E> ) and also publish the revised UFLPA Entity List as an appendix to a <E T="04">Federal Register</E> notice. <HD SOURCE="HD1">Background</HD> <HD SOURCE="HD2">A. The Forced Labor Enforcement Task Force</HD> 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). <E T="03">See</E> 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). <SU>1</SU> <FTREF/> <E T="03">See</E> 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. <FTNT> <SU>1</SU>  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. <E T="03">See</E> Executive Order 13923 (May 15, 2020). The U.S. Department of Commerce is a member of the FLETF as invited by the Chair. </FTNT> <HD SOURCE="HD2">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</HD> 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 <E T="03">Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China,</E> which was published on the DHS website on June 17, 2022 ( <E T="03">see https://www.dhs.gov/uflpa-strategy</E> ), includes the initial UFLPA Entity List, a consolidated register of the four lists required to be developed and maintained pursuant to the UFLPA. <E T="03">See</E> UFLPA section 2(d)(2)(B). <HD SOURCE="HD2">C. UFLPA Entity List</HD> 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 the Xinjiang Uyghur Autonomous Region 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 the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region; (3) a list of entities that exported products made by entities in lists 1 and 2 from the People's Republic of China into the United States; and (4) a list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from the Xinjiang Uyghur Autonomous Region 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 that 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 ( <E T="03">https://www.dhs.gov/uflpa-entity-list</E> ) and as an appendix to a notice that will be published in the <E T="04">Federal Register.</E> <E T="03"> See</E> 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. <HD SOURCE="HD3">Additions to the Entity List</HD> 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. <HD SOURCE="HD3">Requests for Removal From the Entity List</HD> 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 <E T="03">FLETF.UFLPA.EntityList@hq.dhs.gov.</E> In the removal request, the ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 26k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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