Notice of Finding That Certain Disposable Gloves Produced in Malaysia With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely To Be, Imported Into the United States
| Published date | 29 March 2021 |
| Citation | 86 FR 16380 |
| Record Number | 2021-06393 |
| Section | Notices |
| Court | Homeland Security Department,U.s. Customs And Border Protection |
Federal Register, Volume 86 Issue 58 (Monday, March 29, 2021)
[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Page 16380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06393]
[[Page 16380]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 21-08]
Notice of Finding That Certain Disposable Gloves Produced in
Malaysia With the Use of Convict, Forced or Indentured Labor Are Being,
or Are Likely To Be, Imported Into the United States
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice of forced labor finding.
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SUMMARY: This document notifies the public that U.S. Customs and Border
Protection (CBP), with the approval of the Secretary of Homeland
Security, has determined that certain disposable gloves, have been
mined, produced, or manufactured in Malaysia by Top Glove Corporation
Bhd with the use of convict, forced or indentured labor, and are being,
or are likely to be, imported into the United States.
DATES: This Finding applies to any merchandise described in Section II
of this Notice that is imported on or after March 29, 2021. It also
applies to merchandise which has already been imported and has not been
released from CBP custody before March 29, 2021.
FOR FURTHER INFORMATION CONTACT: Juan M. Estrella, Chief, Operations
Branch, Forced Labor Division, Trade Remedy Law Enforcement
Directorate, Office of Trade, (202) 325-6087 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to section 307 of the Tariff Act of 1930, as amended (19
U.S.C. 1307), ``[a]ll goods, wares, articles, and merchandise mined,
produced, or manufactured wholly or in part in any foreign country by
convict labor or/and forced labor or/and indentured labor under penal
sanctions shall not be entitled to entry at any of the ports of the
United States, and the importation thereof is hereby prohibited.''
Under this section, ``forced labor'' includes ``all work or service
which is exacted from any person under the menace of any penalty for
its nonperformance and for which the worker does not offer himself
voluntarily'' and includes forced or indentured child labor.
The CBP regulations promulgated under the authority of 19 U.S.C.
1307 are found at sections 12.42 through 12.45 of title 19, Code of
Federal Regulations (CFR) (19 CFR 12.42-12.45). Among other things,
these regulations allow any person outside of CBP to communicate his
belief that a certain ``class of merchandise . . . is being, or is
likely to be, imported into the United States [in violation of 19
U.S.C. 1307].'' 19 CFR 12.42(a), (b). Upon receiving such information,
the Commissioner ``will cause such investigation to be made as appears
to be warranted by the circumstances . . . .'' 19 CFR 12.42(d). CBP
also has the authority to self-initiate an investigation. 19 CFR
12.42(a). If the Commissioner of CBP finds that the information
available ``reasonably but not conclusively indicates that merchandise
within the purview of section 307 is being, or is likely to be,
imported,'' the Commissioner will order port directors to ``withhold
release of any such merchandise pending [further] instructions.'' 19
CFR 12.42(e). After issuance of such a withhold release order, the
covered merchandise will be detained by CBP for an admissibility
determination, and will be excluded unless the importer demonstrates
that the merchandise was not made using labor in violation of 19 U.S.C.
1307. 19 CFR 12.43-12.44. The importer may also export the merchandise.
19 CFR 12.44(a).
These regulations also set forth the procedure for the Commissioner
of CBP to issue a Finding when it is determined that the merchandise is
subject to the provisions of 19 U.S.C. 1307. Pursuant to 19 CFR
12.42(f), if the Commissioner of CBP determines that merchandise within
the purview of 19 U.S.C. 1307 is being, or is likely to be, imported
into the United States, the Commissioner of CBP will, with the approval
of the Secretary of the Department of Homeland Security (DHS), publish
a Finding to that effect in the Customs Bulletin and in the Federal
Register.\1\ Under the authority of 19 CFR 12.44(b), CBP may seize and
forfeit imported merchandise covered by a Finding.
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\1\ Although the regulation states that the Secretary of the
Treasury must approve the issuance of a Finding, the Secretary of
the Treasury delegated this authority to the Secretary of Homeland
Security in Treasury Order No. 100-16 (68 FR 28322). In Delegation
Order 7010.3, Section II.A.3, the Secretary of Homeland Security
delegated the authority to issue a Finding to the Commissioner of
CBP, with the approval of the Secretary of Homeland Security. The
Commissioner of CBP, in turn, delegated the authority to make a
Finding regarding prohibited goods under 19 U.S.C. 1307 to the
Executive Assistant Commissioner, Office of Trade.
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On July 15, 2020, CBP issued a withhold release order on
``disposable gloves'' reasonably indicated to be manufactured by forced
labor in Malaysia by Top Glove Corporation Bhd. Through its
investigation, CBP has determined that there is sufficient information
to support a Finding that Top Glove Corporation Bhd is manufacturing
disposable gloves with forced labor and that such merchandise is likely
being imported into the United States.
II. Finding
A. General
Pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(f), it is hereby
determined that certain articles described in paragraph II.B., that are
mined, produced, or manufactured in whole or in part with the use of
convict, forced, or indentured labor by Top Glove Corporation Bhd in
Malaysia, are being, or are likely to be, imported into the United
States. Based upon this determination, the port director may seize the
covered merchandise for violation of 19 U.S.C. 1307 and commence
forfeiture proceedings pursuant to 19 CFR part 162, subpart E, unless
the importer establishes by satisfactory evidence that the merchandise
was not produced in any part with the use of prohibited labor specified
in this Finding.
B. Articles and Entity Covered by This Finding
This Finding covers disposable gloves classified under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 3926.20.1020,
4015.11.0150, 4015.19.0510, 4015.19.0550, 4015.19.1010, 4015.19.1050,
and 4015.19.5000, which are mined, produced or manufactured wholly or
in part by Top Glove Corporation Bhd in Malaysia.
The Secretary of Homeland Security has reviewed and approved this
Finding.
Dated: March 23, 2021.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2021-06393 Filed 3-26-21; 8:45 am]
BILLING CODE 9111-14-P
