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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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Photo of Jamie Shookman Jamie Shookman

Jamie’s experience representing federal government agencies in trade and customs matters helps clients navigate U.S. trade laws as they grow their businesses. Jamie’s practice draws on her extensive experience handling cases in the U.S. Court of International Trade and learning the inner workings

Jamie’s experience representing federal government agencies in trade and customs matters helps clients navigate U.S. trade laws as they grow their businesses. Jamie’s practice draws on her extensive experience handling cases in the U.S. Court of International Trade and learning the inner workings of the federal agencies involved. She primarily represents domestic manufacturers, advising on complex regulatory regimes, proactively assessing new trade programs, and handling litigation as it arises.

Photo of Nithya Nagarajan Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory…

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.

Photo of Jeffrey Neeley Jeffrey Neeley

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export…

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export control, and other import/export issues.