Starting today, U.S. Customs and Border Protection (CBP) will prohibit goods from dozens of companies freshly added to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List for suspected ties to unethical labor practices. In the list’s largest single expansion to date, the Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), announced the addition of 37 new entities, including globally recognized companies that mine and process critical minerals and others that manufacture inputs for solar modules with polysilicon made in Xinjiang (XUAR), an autonomous region in the People’s Republic of China (PRC).
The UFLPA, signed into law by President Biden in December 2021, mandates that CBP apply a rebuttable presumption that goods that are either mined, produced, or manufactured wholly or in part in the XUAR or produced by entities identified on the UFLPA Entity List are prohibited from importation into the United States, unless the Commissioner of CBP determines, by clear and convincing evidence, that the goods were not produced with forced labor.
CBP began enforcing the UFLPA in June 2022. Since then, border patrol has reviewed more than 11,300 shipments (valued at more than $3.67 billion) in an effort to combat the introduction of forced labor into U.S. supply chains.
The UFLPA Entity List now contains 144 entities whose goods are prohibited from entering the United States as a result of the companies’ activities, either sourcing materials from the XUAR or working with the government of Xinjiang to recruit, transport, transfer, harbor, or receive Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the XUAR.
“In adding 37 companies to the UFLPA Entities List and bringing the total to nearly 150, we again demonstrate our relentless fight against the cruelty of forced labor, our unwavering commitment to basic human rights, and our tireless defense of a free, fair, and competitive market,” said Secretary of Homeland Security Alejandro N. Mayorkas.
“With each addition to the UFLPA Entity List, we are building momentum and showing that our efforts are sustainable and enduring in eradicating forced labor in our nation’s supply chains,” added Acting Under Secretary for Policy, Robert Paschall.
Additions to the list
Donghai JA Solar Technology Co., Ltd.: Donghai JA Solar Technology Co., Ltd. (“Donghai JA Solar”) is a solar energy technology company located in Jiangsu Province, China, that focuses on the research and development of solar energy products and the production of silicon rods, wafers, ingots, and solar cell modules. Donghai JA Solar also imports and exports various commodities and technologies. The United States has reasonable cause to believe, based on specific and articulable information, that Donghai JA Solar sources polysilicon from the XUAR. Information reviewed by the FLETF, including corporate reporting and other publicly available information, indicates that Donghai JA Solar sources polysilicon from a polysilicon producer in the XUAR. The FLETF therefore determined that the activities of Donghai JA Solar satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(v).
Hongyuan Green Energy Co., Ltd. (also known as HY Solar; and Hoyuan Green Energy Co. Ltd., and formerly known as Wuxi Shangji CNC Co., Ltd.; Wuxi Shangji Automation Co., Ltd.; and Wuxi Shangji Grinding Machine Co., Ltd.) and Hongyuan New Materials (Baotou) Co., Ltd.: Hongyuan Green Energy Co., Ltd (“Hongyuan Green Energy”) is a vertically integrated green energy manufacturing company located in Jiangsu Province, China, with several major business segments that include high-end equipment manufacturing, new energy power stations, and the production of industrial and crystalline silicon, silicon wafers, batteries, and modules. Hongyuan New Materials (Baotou) Co., Ltd. (“Hongyuan New Materials”) is a subsidiary of Hongyuan Green Energy, located in Baotou City, in the Inner Mongolia Autonomous Region of China, which produces photovoltaic monocrystalline silicon. The United States has reasonable cause to believe, based on specific and articulable information, that Hongyuan Green Energy and its subsidiary, Hongyuan New Materials, source polysilicon from the XUAR. Information reviewed by the FLETF, including corporate procurement agreement announcements and other publicly available information, indicates that both Hongyuan Green Energy and Hongyuan New Materials source polysilicon from suppliers in the XUAR. The FLETF therefore determined that the activities of Hongyuan Green Energy and Hongyuan New Materials satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(v).
Jiangsu Meike Solar Technology Co., Ltd. and Baotou Meike Silicon Energy Co., Ltd.: Jiangsu Meike Solar Technology Co., Ltd. (“Jiangsu Meike”), located in Jiangsu Province, China, manufactures silicon rods and wafers. Baotou Meike Silicon Energy Co., Ltd. (“Baotou Meike”) is a subsidiary of Jiangsu Meike located in Baotou City in the Inner Mongolia Autonomous Region of China, that manufactures silicon rods and wafers. The U.S. government has reasonable cause to believe, once again based on specific and articulable information, that Jiangsu Meike and Baotou Meike source polysilicon from the Xinjiang Uyghur Autonomous Region. Information reviewed by the FLETF, including corporate procurement agreement disclosures and other publicly available information, indicates that Jiangsu Meike and Baotou Meike source polysilicon from polysilicon producers located in the XUAR. The FLETF therefore determined that the activities of Jiangsu Meike and Baotou Meike satisfy the criteria for addition to the UFLPA Entity List described in section 2(d)(2)(B)(v).
Shuangliang Silicon Materials (Batou) Co., Ltd.: Shuangliang Silicon Materials (Batou) Co., Ltd. (“Shuangliang Silicon”) is a company located in Batou City, in the Inner Mongolia Autonomous Region of China, that researches, develops, processes, manufactures and sells single crystal silicon rods and wafers. The U.S. says it has reasonable cause to believe, based on specific and articulable information, that Shuangliang Silicon sources polysilicon from the Xinjiang Uyghur Autonomous Region. Information reviewed by the FLETF, including corporate procurement agreement announcements and other publicly available information, indicates that Shuangliang Silicon sources polysilicon from polysilicon producers located in the XUAR. The FLETF therefore determined that the activities of Shuangliang Silicon satisfy the criteria for addition to the UFLPA Entity List described in section 2(d)(2)(B)(v).
Xinjiang Energy (Group) Co., Ltd. and Xinjiang Energy (Group) Real Estate Co., Ltd.: Xinjiang Energy (Group) Co., Ltd. and its subsidiary Xinjiang Energy (Group) Real Estate Co., Ltd. are located in Urumqi, XUAR. Xinjiang Energy (Group) Co., Ltd. (“Xinjiang Energy”) is principally engaged in the development and utilization of coal, wind, photovoltaic, oil and gas, and other resources. Xinjiang Energy (Group) Real Estate Co., Ltd. (“Xinjiang Energy Real Estate”) is principally engaged in real estate development and property management. Xinjiang Energy is a wholly state-owned enterprise, funded by the People’s Government of the Xinjiang Uygur Autonomous Region (XUAR) and directly supervised by the State-owned Assets Supervision and Administration Commission (SASAC) of the XUAR. The U.S. government has reasonable cause to believe, based on specific and articulable information, that Xinjiang Energy and Xinjiang Energy Real Estate work with the government of the XUAR to recruit, transport, transfer, harbor, or receive Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region. Information reviewed by the FLETF, including publicly available information, indicates Xinjiang Energy and Xinjiang Energy Real Estate, as a wholly state-owned entity, and subsidiary of a state-owned entity, repeatedly participated in the transfer and receipt of ethnic minorities from the XUAR, likely Uyghurs and Kazakhs, through state-sponsored labor transfer programs in Hotan Prefecture and Barkol County. The FLETF therefore determined that the activities of Xinjiang Energy (Group) Co., Ltd. and its subsidiary Xinjiang Energy (Group) Real Estate Co., Ltd. satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(ii).
Xinjiang Zijin Zinc Industry Co., Ltd. and Xinjiang Jinbao Mining Co., Ltd.: Xinjiang Zijin Zinc Industry Co., Ltd. and Xinjiang Jinbao Mining Co., Ltd. are Zijin Mining Group Co., Ltd. subsidiaries, located in the XUAR that primarily focus on smelting and producing refined zinc and sulfuric acid and iron mining, respectively. The United States has reasonable cause to believe, based on specific and articulable information, that Xinjiang Zijin Zinc Industry Co., Ltd. and Xinjiang Jinbao Mining Co., Ltd. work with the government of the XUAR to recruit, transport, transfer, harbor, or receive ethnic minorities, likely Uyghurs, Kazakhs, and Kyrgyz, and/or members of other persecuted groups out of XUAR. Information reviewed by the FLETF, including publicly available information, indicates that Xinjiang Zijin Zinc Industry Co., Ltd. and Xinjiang Jinbao Mining Co., Ltd. have participated in the transfer and recruitment of ethnic minorities from the XUAR, likely including Kazakhs and Kyrgyz through poverty alleviation and recruitment programs. The FLETF therefore determined that the activities of Xinjiang Zijin Zinc Industry Co., Ltd. and Xinjiang Jinbao Mining Co., Ltd. satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(ii).
Zijin Mining Group Co., Ltd., Xinjiang Zijin Zinc Industry Co., Ltd., Xinjiang Zijin Nonferrous Metals Co., Ltd. and Xinjiang Habahe Ashele Copper Co., Ltd.: Zijin Mining Group Co., Ltd. is a global mining company located in Fujian Province, and three of its subsidiaries Xinjiang Zijin Zinc Industry Co., Ltd., Xinjiang Zijin Nonferrous Metals Co., Ltd., and Xinjiang Habahe Ashele Copper Co., Ltd., are located in the XUAR. Zijin Mining Group Co., Ltd. (“Zijin Mining”), is principally engaged in the exploration and extraction of metals, including zinc, copper, lead, silver, gold, iron ore, and sulfuric acid. Zijin Mining owns and sources material from at least three mines and smelters in Xinjiang, which are operated by the company’s various subsidiaries. These include the Ashele Copper Mine operated by Xinjiang Habahe Ashele Copper Co., Ltd. (Ashele Copper), the Wulagen Lead and Zinc Mine operated by Xinjiang Zijin Zinc Co., Ltd. (Zijin Zinc), and the Xinjiang Zijin Nonferrous Zinc Smelter operated by Xinjiang Zijin Nonferrous Metals Co., Ltd. (Zijin Nonferrous). The U.S. government has reasonable cause to believe, based on specific and articulable information, that Zijin Mining, Ashele Copper, Zijin Zinc, and Zijin Nonferrous source material, specifically zinc, copper, lead, silver, and sulfuric acid, from the XUAR. Information reviewed by the FLETF, including publicly available information, indicates that Zijin Mining, Ashele Copper, Zijin Zinc, and Zijin Nonferrous have established mines and production sites in the XUAR, and source zinc, copper, lead, silver, and sulfuric acid from the XUAR. The FLETF therefore determined that the activities of Zijin Mining Group Co., Ltd., Xinjiang Zijin Zinc Industry Co., Ltd., Xinjiang Zijin Nonferrous Metals Co., Ltd., and Xinjiang Habahe Ashele Copper Co., Ltd. satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(v). Xinjiang Habahe Ashele Copper Co., Ltd. (also known as Ashele Copper) is currently on the UFLPA Entity List under Section 2(d)(2)(B)(ii) and will appear on both sub-lists.
The FLETF also blackballed notable textile suppliers, Huafu Fashion Co and 25 of its subsidiaries, for sourcing cotton or cotton-based products from the XUAR, alleging Huafu maintains a vertically integrated supply chain from cotton planting in the XUAR, processing, and yarn spinning through textiles manufacturing.
DHS will publish the revised UFLPA Entity List as an appendix to a Federal Register notice.
