DHS Adds Chinese Battery and Spice Producers to UFLPA Entity List

Aug. 2, 2023
By: Hannah B. Kreinik

Starting August 2, 2023, DHS’s newest members on the Forced Labor Entity List will be prohibited from having products imported into the United States. DHS added car battery producer, Camel Group Co., and spice producer, ChenGuang Biotech Group Co. and its subsidiary to the Uyghur Forced Labor and Prevention Act (“UFLPA”) Entity List. If you have not yet heard of UFLPA, please read one of our many articles on the topic here.

All three of the latest manufactures to come on the UFLPA scene are Chinese producers Customs has identified as working with the Xinjiang government to utilize forced labor in their product’s supply chains. The addition to the UFLPA Entity List will enforce the rebuttable presumption against the Chinese manufacturer’s products, meaning it will be assumed that their goods are made wholly or in part with forced labor.

Under UFLPA section 2(c), the Forced Labor Enforcement Task Force (“FLETF”) is obligated to prohibit the importation into the United States of articles and merchandise mined, produced, or manufactured wholly or in part with forced labor. Robert Slivers, the FLETF chair, commented that the United States will continue to deter forced labor in supply chains. Since the enactment of UFLPA in June 2022, the agency has added twenty-four companies to the UFLPA Entity List with CBP examining over 4,600 shipments of merchandise.

Recently, Ninestar Corp. and Xinjiang Zhongtai Chemical Co. were also added to the UFLPA Entity List. The electronics and tech manufacturers will have company soon when Camel Group Co. and ChenGuang Biotech and its subsidiary join the UFLPA Entity List. Silvers made it clear that the UFLPA Entity List will continue to grow, and additions are to be expected.

Businesses in the Xinjiang region, or other areas of China, should be prepared to assess their supply chains, and ensure that their suppliers and manufacturers are in compliance with UFLPA and other forced labor laws. The attorneys at Barnes, Richardson & Colburn can assist any companies that wish to investigate their supply chains or update their production policies to align with UFLPA.