Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List, 47777-47779 [2022-16754]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47777-47779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16754]


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DEPARTMENT OF HOMELAND SECURITY


Notice on the Addition of Entities to the Uyghur Forced Labor 
Prevention Act Entity List

AGENCY: Department of Homeland Security.

ACTION: Notice.

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SUMMARY: 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 Uyghur Forced Labor Prevention Act 
(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 
UFLPA, on the DHS UFLPA website. The UFLPA Entity List is also 
published as an appendix to this notice. Details related to the process 
for revising the UFLPA Entity List are included in this Federal 
Register notice.

DATES: This notice announces the publication and availability of the 
UFLPA Entity List as of June 17, 2022, included as an appendix to this 
notice.

ADDRESSES: Persons seeking additional information on the UFLPA Entity 
List should email the FLETF at [email protected].

FOR FURTHER INFORMATION CONTACT: John Pickel Jr., Principal Director, 
Trade and Economic Security, Office of Strategy, Policy, and Plans, 
DHS.
    Phone: (202) 923-6060, Email: [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Department of Homeland Security 
(DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), is 
announcing the publication of the 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 https://www.dhs.gov/uflpa-entity-list. 
The UFLPA Entity List is available as an appendix to this notice. 
Future revisions to the UFLPA Entity List, which may include additions, 
removals, or technical corrections, will be published to https://www.dhs.gov/uflpa-entitylist and in the appendices of future Federal 
Register notices. See 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. See 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 
(https://www.dhs.gov/uflpa-entity-list) and also publish the revised 
UFLPA Entity List as an appendix to a Federal Register notice.

Background

A. The Forced Labor Enforcement Task Force

    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). See 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).\1\ See 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.
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    \1\ 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. See Executive 
Order 13923 (May 15, 2020). The U.S. Department of Commerce is a 
member of the FLETF as invited by the Chair.

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[[Page 47778]]

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

    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 Strategy to Prevent the Importation of Goods Mined, 
Produced, or Manufactured with Forced Labor in the People's Republic of 
China, which was published on the DHS website on June 17, 2022 (see 
https://www.dhs.gov/uflpa-strategy), includes the initial UFLPA Entity 
List, a consolidated register of the four lists required to be 
developed and maintained pursuant to the UFLPA. See UFLPA Section 
2(d)(2)(B).

C. UFLPA Entity List

    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 Xinjiang 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 Xinjiang to 
recruit, transport, transfer, harbor, or receive forced labor or 
Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of 
Xinjiang;
    (3) a list of entities that exported products made by entities in 
lists 1 and 2 from the PRC into the United States; and
    (4) a list of facilities and entities, including the Xinjiang 
Production and Construction Corps, that source material from Xinjiang 
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, and 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 (https://www.dhs.gov/uflpa-entity-list) and as an Appendix to a 
notice that will be published in the Federal Register. See 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.

Additions to the Entity List

    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.

Requests for Removal From the Entity List

    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 [email protected]. In the removal 
request, the entity (or its designated representative) should provide 
information that demonstrates that the entity no longer meets or does 
not meet the criteria described in the applicable clause ((i), (ii), 
(iv), or (v)) of Section 2(d)(B) of the UFLPA. The FLETF Chair will 
refer all such removal requests and supporting information to FLETF 
member agencies. Upon receipt of the removal request, the FLETF Chair 
or the Chair's designated representative may contact the entity on 
behalf of the FLETF regarding questions on the removal request and may 
request additional information. Following review of the removal request 
by the FLETF member agencies, the decision to remove an entity from the 
UFLPA Entity List will be made by majority vote of the FLETF member 
agencies.
    Listed entities may request a meeting with the FLETF after 
submitting a removal request in writing to the FLETF Chair at 
[email protected]. Following its review of a removal 
request, the FLETF may accept the meeting request at the conclusion of 
the review period and, if accepted, will hold the meeting prior to 
voting on the entity's removal request. The FLETF Chair will advise the 
entity in writing of the FLETF's decision on its removal request. While 
the FLETF's decision on a removal request is not appealable, the FLETF 
will consider new removal requests if accompanied by new information.

Robert Silvers,
Under Secretary, Office of Strategy, Policy, and Plans, U.S. Department 
of Homeland Security.

Appendix 1

    The UFLPA Entity List was approved by the FLETF and published on 
https://www.dhs.gov/uflpa-entity-list on June 17, 2022. There are 
two sources for the listed entities identified on the UFLPA Entity 
List as published on June 17, 2022. One is U.S. Customs and Border 
Protection's Withhold Release Orders for goods produced by entities 
where information reasonably indicates that such goods were produced 
with forced labor of Uyghur and other ethnic and religious 
minorities in or from Xinjiang. The second is the Entity List 
maintained by the Department of Commerce's Bureau of Industry and 
Security (BIS), 15 CFR Supp. 4 to part 744 (the BIS Entity List)) 
under the Export Administration Regulations, 15 CFR parts 730-774. 
Specifically, the UFLPA Entity List includes certain entities that 
were added to the BIS Entity List for their implication in human 
rights violations and abuses in connection with the practice of 
forced labor involving Uyghurs, Kazakhs, and other members of Muslim 
minority groups in Xinjiang.
    The UFPLA Entity List is a consolidated register of the four 
lists that are required to be developed and maintained pursuant to 
Section 2(d)(2)(B) of the UFLPA. Twenty entities that meet the 
criteria set forth in the four required lists (see Sections 
2(d)(2)(B)(i), (ii), (iv), and (v) of the UFLPA) are specified on 
the UFLPA Entity List.

UFLPA Entity List [June 17, 2022]

UFLPA Section 2 (d)(2)(B)(i) A List of Entities in Xinjiang That Mine, 
Produce, or Manufacture Wholly or in Part any Goods, Wares, Articles, 
and Merchandise With Forced Labor

Baoding LYSZD Trade and Business Co., Ltd.
Changji Esquel Textile Co. Ltd. (and one alias: Changji Yida 
Textile)

[[Page 47779]]

Hetian Haolin Hair Accessories Co. Ltd. (and two aliases: Hotan 
Haolin Hair Accessories; and Hollin Hair Accessories)
Hetian Taida Apparel Co., Ltd (and one alias: Hetian TEDA Garment)
Hoshine Silicon Industry (Shanshan) Co., Ltd (including one alias: 
Hesheng Silicon Industry (Shanshan) Co.) and subsidiaries
Xinjiang Daqo New Energy, Co. Ltd (including three aliases: Xinjiang 
Great New Energy Co., Ltd.; Xinjiang Daxin Energy Co., Ltd.; and 
Xinjiang Daqin Energy Co., Ltd.)
Xinjiang East Hope Nonferrous Metals Co. Ltd. (including one alias: 
Xinjiang Nonferrous)
Xinjiang GCL New Energy Material Technology, Co. Ltd (including one 
alias: Xinjiang GCL New Energy Materials Technology Co.)
Xinjiang Junggar Cotton and Linen Co., Ltd.
Xinjiang Production and Construction Corps (including three aliases: 
XPCC; Xinjiang Corps; and Bingtuan) and its subordinate and 
affiliated entities

UFLPA Section 2 (d)(2)(B)(ii) A List of Entities Working With the 
Government of Xinjiang To Recruit, Transport, Transfer, Harbor or 
Receive Forced Labor of Uyghurs, Kazakhs, Kyrgyz, or Members of Other 
Persecuted Groups Out of Xinjiang

Aksu Huafu Textiles Co.--(including two aliases: Akesu Huafu and 
Aksu Huafu Dyed Melange Yarn)

Hefei Bitland Information Technology Co., Ltd. (including three 
aliases: Anhui Hefei Baolongda Information Technology; Hefei 
Baolongda Information Technology Co., Ltd.; and Hefei Bitland 
Optoelectronic Technology Co., Ltd.)
Hefei Meiling Co. Ltd. (including one alias: Hefei Meiling Group 
Holdings Limited).
KTK Group (including three aliases: Jiangsu Jinchuang Group; Jiangsu 
Jinchuang Holding Group; and KTK Holding).
Lop County Hair Product Industrial Park
Lop County Meixin Hair Products Co., Ltd.
Nanjing Synergy Textiles Co., Ltd. (including two aliases: Nanjing 
Xinyi Cotton Textile Printing and Dyeing; and Nanjing Xinyi Cotton 
Textile).
No. 4 Vocation Skills Education Training Center (VSETC)
Tanyuan Technology Co. Ltd. (including five aliases: Carbon Yuan 
Technology; Changzhou Carbon Yuan Technology Development; Carbon 
Element Technology; Jiangsu Carbon Element Technology; and Tanyuan 
Technology Development).
Xinjiang Production and Construction Corps (XPCC) and its 
subordinate and affiliated entities

UFLPA Section 2 (d)(2)(B)(iv) A List of Entities That Exported Products 
Described in Clause (iii) From the PRC Into the United States

    Entities identified in sections (i) and (ii) above may serve as 
both manufacturers and exporters. The FLETF has not identified 
additional exporters at this time but will continue to investigate 
and gather information about additional entities that meet the 
specified criteria.

UFLPA Section 2 (d)(2)(B)(v) A List of Facilities and Entities, 
Including the Xinjiang Production and Construction Corps, That Source 
Material From Xinjiang 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

Baoding LYSZD Trade and Business Co., Ltd.
Hefei Bitland Information Technology Co. Ltd.
Hetian Haolin Hair Accessories Co. Ltd.
Hetian Taida Apparel Co., Ltd.
Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries
Xinjiang Junggar Cotton and Linen Co., Ltd.
Lop County Hair Product Industrial Park
Lop County Meixin Hair Products Co., Ltd.
No. 4 Vocation Skills Education Training Center (VSETC)
Xinjiang Production and Construction Corps (XPCC) and its 
subordinate and affiliated entities
Yili Zhuowan Garment Manufacturing Co., Ltd.

[FR Doc. 2022-16754 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-9M-P