UFLPA Entity List Frequently Asked Questions
Have questions about the recent additions to the UFLPA Entity List? Check the new Frequently Asked Questions below on the updates to the UFLPA Entity List.
The UFLPA requires the FLETF to develop and update the UFLPA Entity List. CBP enforces a rebuttable presumption that the importation of goods produced by entities identified in the UFLPA Entity List (as well as all goods produced wholly or in part in Xinjiang Uyghur Autonomous Region) is in violation of 19 U.S.C. § 1307 and prohibited from entry to the United States.
The FLETF is committed to expanding the UFLPA Entity List and today’s announced designations are in addition to the 20 entities that the FLETF listed on the UFLPA Entity List in June 2022. Since the UFLPA and its newly-created entity list came into force last year, the FLETF has established a framework to consider referrals and recommendations to assess supporting evidence and determine whether UFLPA Entity List criteria have been met. The FLETF will continue to add entities as warranted by the facts and law.
Additions of entities to the UFLPA Entity List must meet the criteria of one of the four following sub-lists of the Act:
- Section 2(d)(2)(B)(i) – 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.
- Section 2(d)(2)(B)(ii) – 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.
- Section 2(d)(2)(B)(iv) – A list of entities that exported products described in clause (iii) from the People’s Republic of China into the United States; clause (iii) includes products mined, produced, or manufactured wholly or in part by list (i) or (ii) entities.
- Section 2(d)(2)(B)(v) – 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 the Xinjiang Uyghur Autonomous Region 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.
Goods produced in whole or in part by any entity on the UFLPA Entity List at the time of importation into the United States will be subject to the UFLPA rebuttable presumption. The effective date for the new entities to be added to the UFLPA Entity List is the effective date identified in the Federal Register notice, which will be June 12, 2023, for Xinjiang Zhongtai Chemical Co. Ltd. and Ninestar Corporation and its eight Zhuhai-based subsidiaries.
The FLETF is a DHS-led Task Force of interagency partners that are dedicated to monitoring the enforcement of the prohibition on importing goods made wholly or in part with forced labor into the United States. The FLETF is chaired by DHS’s Under Secretary for Strategy, Policy and Plans and its voting members are composed of the Office of the United States Trade Representative and Departments of Homeland Security, Labor, State, Treasury, Justice, and Commerce.
The FLETF considers additions to the UFLPA Entity List based on the criteria described in 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 is made by majority vote of the FLETF member agencies.
The FLETF provides the English-language names of entities included on the UFLPA Entity List through publication of Federal Register notices. It is incumbent on the trade community to establish and implement a robust due diligence program to ensure that its importations to the United States do not include supply chains with entities that mine, produce, or manufacture, wholly or in part, goods made by forced labor, including forced or indentured child labor. The FLETF encourages importers to collect as much information as possible in the course of their due diligence about their upstream suppliers to ensure full compliance with the UFLPA. Refer to the UFLPA Strategy’s Importer Guidance for additional due diligence guidance and best practices. For general due diligence resources, consider resources from our FLETF partners, like the U.S. Department of Labor’s Comply Chain. A full list of resources regarding due diligence, supply chain risk connected to the Xinjiang Uyghur Autonomous Region, and international standards can be found on the FLETF and UFLPA pages on DHS.gov.
Entities identified on the UFLPA Entity List are subject to a rebuttable presumption that the importation of goods mined, produced, or manufactured by that entity is in violation of 19 U.S.C. §1307 and prohibited from entry to the United States.
While FLETF decisions on requests for removal will not be appealable, the requesting entity can submit a new request for removal if it can provide new information supporting the request.
Any FLETF member agency may submit a recommendation to the FLETF Chair to add an entity to or remove an entity from the UFLPA Entity List.
The UFLPA requires CBP to apply a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region or produced by an entity on the UFLPA Entity List are prohibited from entry into the United States under 19 U.S.C. § 1307. Unless a subsidiary or affiliate is explicitly named on the UFLPA Entity List, or except where the term “subsidiaries” or “affiliated entities” is attached to a name on the UFLPA Entity List, the imported goods produced by that subsidiary or affiliate would not automatically be subject to the rebuttable presumption. Imports from any undesignated subsidiary or affiliate may undergo examination for possible applicability of the UFLPA rebuttable presumption based on whether such imports were produced wholly or in part in the Xinjiang Uyghur Autonomous Region or by a listed entity.
CBP will employ a risk-based approach, dynamic in nature, that prioritizes the highest-risk goods based on current data and intelligence. Currently the highest-risk goods include those imported directly from the Xinjiang Uyghur Autonomous Region, or Xinjiang, into the United States and from entities on the UFLPA Entity List. CBP will also prioritize illegally transshipped goods with inputs from Xinjiang, as well as goods imported into the United States by entities that, although not located in Xinjiang, are related to an entity in Xinjiang (whether as a parent, subsidiary, or affiliate) and likely to contain inputs from that region.
The FLETF, chaired by DHS, is an interagency group that monitors the enforcement of the prohibition on importing goods made wholly or in part with forced labor into the United States. The Forced Labor Enforcement Task Force, or the FLETF, is comprised of seven member agencies: The Office of the United States Trade Representative and the U.S. Departments of Labor, State, Treasury, Justice, and Commerce. The Chair has invited six observing agencies: U.S. Agency for International Development, CBP, ICE, National Security Council, and the Departments of Agriculture and Energy.
The UFLPA tasked the FLETF with developing a strategy for supporting the enforcement of the prohibition of the importation of goods into the United States manufactured wholly or in part with forced labor in the PRC, especially from Xinjiang. To successfully implement the UFLPA, the FLETF sought public comments and held a public hearing on how to best ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the PRC are not imported into the United States. The strategy was published on June 17, 2022, as the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China (or UFLPA Strategy).
The UFLPA supports CBP’s enforcement of Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307), which prohibits the importation of goods made wholly or in part by forced labor. The UFLPA establishes a rebuttable presumption that the importation of goods mined, produced, or manufactured wholly or in part in the PRC's Xinjiang, as well as goods produced by certain entities identified in the UFLPA Strategy on the UFLPA Entity List, are prohibited under 19 U.S.C. § 1307, and may not enter the United States.
The UFLPA Strategy addresses the topics prescribed by the legislation. That includes: (1) a comprehensive assessment of the risk of importing goods mined, produced, or manufactured with forced labor in the People's Republic of China, or the PRC; (2) an evaluation and description of forced labor schemes and the UFLPA Entity List; (3) recommendations for efforts, initiatives, tools and technologies to identify and trace goods; (4) CBP’s plan to enhance its use of legal authorities and tools; (5) a description of additional resources necessary to ensure no goods made with forced labor enter U.S. ports; (6) guidance to importers; and (7) a plan to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities.
Enforcement of the UFLPA and application of the rebuttable presumption will apply to merchandise imported on or after June 21, 2022. CBP will exercise its authority under the customs laws to detain, exclude, or seize and forfeit shipments that are within the scope of the UFLPA. The UFLPA requires CBP to presume that goods manufactured wholly or in part in the Xinjiang or made by entities on the UFLPA Entity List violate 19 U.S.C. § 1307. The UFLPA’s rebuttable presumption thus applies to goods manufactured in or shipped from other countries if any part or input of those goods was manufactured in Xinjiang. The UFLPA does not require CBP to issue Withhold Release Orders, also known as WROs, or Findings pursuant to the regulations promulgated under 19 U.S.C. § 1307. The level of evidence required to overcome the rebuttable presumption under the UFLPA is higher than what a WRO requires. The UFLPA requires clear and convincing evidence that the supply chain of the imported product is free of force labor.
If CBP has taken an enforcement action under the UFLPA, however, and the importer believes that its importation is outside the scope of the UFLPA, an importer may provide information to CBP to that effect, i.e., information showing that the imported goods and their inputs are sourced from outside Xinjiang and have no connection to entities on the UFLPA Entity List. The UFLPA’s clear-and-convincing standard does not apply to this showing; rather, it is akin to the process and standard applied under a WRO. In the event CBP determines that the information provided by the importer demonstrates that the merchandise is outside the scope of the UFLPA because it lacks a connection to Xinjiang or to an entity on the UFLPA Entity List, the importer will not need to obtain an exception to the UFLPA presumption and CBP will release such shipments, provided they are otherwise in compliance with U.S. law.
Enforcement of the UFLPA and application of the rebuttable presumption will apply to merchandise imported on or after June 21, 2022. Shipments subject to existing WROs or Findings that were imported prior to June 21, 2022, will be adjudicated through the WRO/Findings process. Shipments imported on or after June 21, 2022, that are subject to the UFLPA, which previously would have been subject to a Xinjiang-related WRO, will be processed under UFLPA procedures, and detained, excluded, or seized. Shipments detained pursuant to a Xinjiang-related WRO prior to June 21, 2022, will continue to be addressed under the WRO process as outlined in 19 C.F.R. §§ 12.43 - 12.44.
Yes. The UFLPA applies to in-bond transportation movements, shipments in or moving into and out of Foreign Trade Zones, as well as goods in or moving into or out of a customs bonded warehouse.
The UFLPA tasked the FLETF to produce a plan to coordinate with appropriate nongovernmental organizations and private-sector entities to implement and update the strategy. To keep the strategy updated, the FLETF will both leverage member and observer agencies’ existing partnerships and UFLPA specific engagements. See Section VII of the UFLPA Strategy for more information.
A list of resources regarding Xinjiang and international standards can be found on the FLETF's Uyghur Forced Labor Prevention Act page. Some existing resources provided by the FLETF agencies include.
- The U.S. Department of Labor’s Comply Chain
- The U.S. Department of State’s Responsible Sourcing Tool
- Federal Acquisition Regulations
- National Action Plan on Responsible Business Conduct
- The updated Xinjiang Supply Chains Business Advisory (July 2021) and other relevant business advisories
- CBP's Reasonable Care: An Informed Compliance Publication
- CBP's forced labor website resources
- CBP's Withhold Release Orders and Findings, including those involving China and Xinjiang, and related FAQs that may aid importers in identifying additional merchandise, regions, and producers whose imports into the United States may be subject to exclusion and/or seizure.
The rebuttable presumption applies to goods produced wholly or in part in Xinjiang, or by entities identified on the UFLPA Entity List in the UFLPA Strategy. This includes goods produced in other parts of China or in other countries that incorporate goods that were produced in Xinjiang or by entities on the UFLPA Entity List.
Section 3 of the UFLPA specifies the requirements for an exception to the presumption. In order to grant an exception to the presumption, CBP must determine that:
- The importer has fully complied with the guidance described in section 2(d)(6) of the UFLPA and any regulations issued to implement that guidance;
- The importer completely and substantively responded to all inquiries for information submitted by the Commissioner to ascertain whether the goods were mined, produced, or manufactured wholly or in part by forced; and
- By clear and convincing evidence, that the good, ware, article or merchandise was not mined, manufactured or produced, wholly or in part, by forced labor.
The UFLPA specifically identifies cotton, tomatoes, and polysilicon as high-priority sectors. The FLETF recommends due diligence efforts in tracing supply chains, and specific guidance relating to these three high-priority sectors can be found in CBP’s Operational Guidance for Importers. The UFLPA Strategy also identifies apparel and silica-based products, including the raw materials used to make aluminum alloys, silicones, and polysilicon, as high-priority sectors for enforcement.
Yes, importers may choose to immediately export a shipment. Additionally, an importer can request permission from the port director to export or destroy goods detained under the UFLPA at any point during the detention process so long as the goods are not subject to seizure.
It is incumbent on the importer to conduct adequate due diligence, effective supply chain tracing, and supply chain management measures. Importers must know their suppliers and labor sources at all levels of the supply chain. The first step in conducting supply-chain tracing is “mapping” the entire supply chain, up to and including suppliers of raw materials used in the production of the imported good or material. For additional details related to effective supply chain tracing, see Section VI of the UFLPA Strategy, as well as DOL’s Comply Chain for more information on the elements of an effective due diligence system.