CBP issued a Withhold Release Order (WRO) against cotton products and tomato products produced in Xinjiang based on information that reasonably indicates the use of detainee or prison . 6901 note, established a rebuttable presumption that any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the Peoples Republic of China or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. Democrats and Republicans did something remarkable this week: They agreed on something. DHS issued a Notice Seeking Public Comments in the Federal Register on January 24, 2022 on methods to prevent the importation of goods produced using forced labor from the People's Republic of China, specifically from the Xinjiang Uyghur Autonomous Region. An official website of the United States government. BuzzFeed News reported finding more than 100 detention facilities located beside factories. Under conditions that strongly suggest forced labour, Uyghurs are working in factories that are in the supply chains of at least 82 well-known global brands in the technology, clothing and automotive sectors, including Apple, BMW, Gap, Huawei, Nike, Samsung, Sony and Volkswagen. There are watchtowers with cameras pointed in all directions and high barbed wire fences atop the walls. In January, the Trump administration said China was committed genocide against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang.. Dont accept innocent lives being taken from us., Nike has a long history of standing against bigotry, hatred and inequality in all forms, a Nike spokeswoman said in a May statement. Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. This cotton is then exported around the world. The latest report titled Uyghurs For Sale, from the Australian Strategic Policy Institute, reveals a vast network of companies complicit in the mass detention of Uyghurs and other Turkic people. Looking for the presence of forced labor is part of every supplier assessment we conduct, including surprise audits, spokesman Josh Rosenstock told Apple. 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, 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). Companies will have limited time between now and June 21 to identify and manage both legal compliance and business risks. To sign up for updates or to access your subscriber preferences, please enter your contact information below. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. The list of well-recognized names includes Apple, Nike, Amazon, Samsung, Zara, H&M, Microsoft, Mercedes-Benz, Uniqlo, and more. Enforcement Priorities 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. Using Amazon's June 2021 supplier list, the TTP said it found five of the companies on the list had publicly known links to forced labor programs called "labor transfers," which. Do not buy products made with the tears of modern-day Uyghur slaves. Abercrombie & Fitch, Acer Adidas Alstom BAIC Motor BMW Bombardier Bosch BYD Calvin Klein Candy Carter's Cerruti 1881 Changan Automobile Cisco CRRC Electrolux Fila, Founder Group GAC Group (automobiles) Gap Geely Auto General Motors Goertek Under the Uyghur Forced Labor Prevention Act, which comes into effect on June 21, President Joe Biden's administration assumes anything made even partially in Xinjiang is produced with forced . Rebutting the Forced Labor Presumption The rebuttable presumption goes into effect on June 21, 2022. You may opt-out by. For more information, visitwww.bis.doc.gov. Looking for U.S. government information and services? Demand Nike and other listed companies to stop sourcing their products from Uyghur forced labor. For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. The entities to be added to the Entity List in connection with participating in the practice of, accepting, or utilizing forced labor involving Uyghurs and other Muslim minority groups in the XUAR are: Hoshine Silicon Industry (Shanshan) Co., Ltd. Xinjiang Daqo New Energy Co., Ltd. Xinjiang East Hope Nonferrous Metals Co., Ltd. The presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor. A .gov website belongs to an official government organization in the United States. This action targets these entities ability to access commodities, software, and technology subject to the Export Administration Regulations (EAR), and is part of a U.S. Government-wide effort to take strong action against Chinas ongoing campaign of repression against Muslim minority groups in the XUAR. LAIXI, CHINA - JANUARY 8, 2020: The fences along the side of the Qingdao Taekwang Shoes Co. factory [+] -- the side where the Uighur workers enter and exit, and live in dorms -- looks almost like a prison. Please immediately end any sourcing from companies complicit in using forced labor, and discontinue any business relations with them. Persons wishing to import affected products to the United States will need to supply evidence demonstrating that those products were not made with forced labor, and meet pending compliance standards. Amazon suppliers must not use forced labor slave, prison, indentured, bonded, or otherwise, its standards read. We call for an immediate end to these violations and pledge to work collaboratively with governments, civil society, unions, and multilateral organizations to achieve this goal.. The United Nations estimates that, since 2017, China has forcibly placed an estimated 1.5 million Uyghur and Turkic Muslims in prison camps across the Xinjiang Autonomous Region. In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. The UFLPA Entity List can be found in the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China and the Federal Register Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. In a spring 2020 report report titledUyghurs For Sale, the Australian Strategic Policy Institute found that at least 83 popular, household-name brands are potentially directly or indirectly benefiting from the use of Uyghur workers outside Xinjiang through abusive labour transfer programs as recently as 2019.. U.S. officials said the Labor Department had seen a nearly 70% increase in child labor violations since 2018, including in hazardous occupations. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. Address: One Bowerman Drive Beaverton, OR 97005. Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act. All importers are expected to review their supply chains thoroughly and institute reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor). As always, our focus is on making sure everyone is treated with dignity and respect, and we will continue doing all we can to protect workers in our supply chain, Rosenstock added. Pillsbury Winthrop Shaw Pittman LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. The factory, Haoyuanpeng Clothing Manufacturing Co. Ltd, lists Fila, Adidas, Puma and Nike among its clients. Primark uses sweatshops to make very low-price clothing. Stop sourcing from Qingdao Taekwang immediately. A lock WASHINGTON Effective January 13 at all U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain cotton products and tomato products produced in China's Xinjiang Uyghur Autonomous Region. What to Know - Effective June 21, 2022, 180 days after enactment of the Uyghur Forced Labor Prevention Act (UFLPA), a rebuttable presumption will apply that goods produced in whole or part in the Xinjiang Uyghur Autonomous Region (XUAR) of the People's Republic of China (PRC) are produced with forced labor and banned from US importation, unless the importer can provide "clear and convincing . They are grouped into different categories and listed below. The law places the burden of proof on companies to demonstrate that any imports "mined, produced, or manufactured wholly or in part" in the Xinjiang Uyghur Autonomous Regionor involving entities. Chinas population of Uyghurs, the countrys Muslim ethnic minority, is largely concentrated in the Xinjiang region of China. The laws rebuttable presumption means companies whose supply chains touch Xinjiangor utilize Xinjiang-exported laborwill have to demonstrate by clear and convincing evidence that their products are free of forced labor. WASHINGTON Nike and Coca-Cola are among the major companies and business groups lobbying Congress to weaken a bill that would ban imported goods made with forced labor in China's Xinjiang.
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