The Department of Homeland Security announced on December 8, 2023 that it is adding three entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, the consolidated register of four lists required by section 2(d)(2)(B)(ii) of the UFLPA. The UFLPA and its Entity List are explained in more detail in a prior post. The latest update adds three entities to section 2(d)(2)(B)(ii) of the list, which identifies “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.” The three additions are:

• Anhui Xinya New Materials Co., Ltd. (formerly known as Chaohu Youngor Color Spinning Technology Co., Ltd. and Chaohu Xinya Color Spinning Technology Co., Ltd.); and
• COFCO Sugar Holdings Co., Ltd.; and
• Sichuan Jingweida Technology Group Co., Ltd. (also known as Sichuan Mianyang Jingweida Technology Co., Ltd. and JWD Technology; and formerly known as Mianyang High-tech Zone Jingweida Technology Co., Ltd.).

DHS’s announcement follows a November 30 decision by the Court of International Trade that it has subject matter jurisdiction over challenges to the UFLPA Entity List. In Ninestar Corporation, et.al. v. United States, et. al., plaintiff challenged its placement on the list and moved for a preliminary injunction to stay DHS’s decision. In deciding the motion, the Court determined that jurisdiction will likely exist under its “residual” jurisdiction provision, which covers any civil action regarding “embargoes or other quantitative restrictions.” The Court’s ruling was narrowly focused on the issue of jurisdiction, and the merits of the case will now proceed. This decision may pave the way for additional court challenges to the UFLPA Entity List, or to UFLPA enforcement more broadly.

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