Notice of Finding That Certain Seafood Harvested by the Taiwanese Da Wang Fishing Vessel With the Use of Convict, Forced or Indentured Labor Is Being, or Is Likely To Be, Imported Into the United States in Violation of 19 U.S.C. i307
| Published date | 28 January 2022 |
| Citation | 87 FR 4634 |
| Record Number | 2022-01778 |
| Section | Notices |
| Court | Homeland Security Department,U.s. Customs And Border Protection |
4634
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of General Medical
Sciences; Notice of Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: NIGMS Initial Review
Group Training and Workforce Development
Study Section—D Review of Bridges to the
Baccalaureate Applications.
Date: March 3, 2022.
Time: 10:30 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Natcher Building, 45 Center Drive, Bethesda,
MD 20892 (Video Meeting).
Contact Person: Tracy Koretsky, Ph.D.,
Scientific Review Officer, Office of Scientific
Review, National Institute of General Medical
Sciences, National Institutes of Health, 45
Center Drive, MSC 6200, Room 3AN.12F,
Bethesda, MD 20892, (301) 594–2886,
tracy.koretsky@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.859, Biomedical Research and
Research Training, National Institutes of
Health, HHS)
Dated: January 24, 2022.
Miguelina Perez,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2022–01742 Filed 1–27–22; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel Support for Research
Excellence—First Independent Research
(SuRE-First) Award (R16—Clinical Trial Not
Allowed).
Date: February 25, 2022.
Time: 11:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institute of Allergy and
Infectious Diseases, National Institutes of
Health, 5601 Fishers Lane, Room 3F36,
Rockville, MD 20892 (Virtual Meeting).
Contact Person: Noton K. Dutta, Ph.D.,
Scientific Review Officer, Scientific Review
Program, Division of Extramural Activities,
National Institute of Allergy and Infectious
Diseases, National Institutes of Health, 5601
Fishers Lane, Room 3F36, Rockville, MD
20852, 240–669–2857, noton.dutta@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: January 25, 2022.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2022–01744 Filed 1–27–22; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 22–01]
Notice of Finding That Certain Seafood
Harvested by the Taiwanese Da Wang
Fishing Vessel With the Use of
Convict, Forced or Indentured Labor Is
Being, or Is Likely To Be, Imported Into
the United States in Violation of 19
U.S.C. i307
AGENCY
: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION
: General notice of forced labor
finding.
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 seafood has
been harvested by the Da Wang fishing
vessel with the use of convict, forced or
indentured labor, and is being, or is
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
January 28, 2022. It also applies to
merchandise which has already been
imported and has not been released
from CBP custody before January 28,
2022.
FOR FURTHER INFORMATION CONTACT
:
Ilissa Shefferman, Chief, Investigations
Branch, Forced Labor Division, Trade
Remedy Law Enforcement Directorate,
Office of Trade, (202) 506–5663 or
forcedlabor@cbp.dhs.gov.
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 Customs and Border Protection
(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 or her 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 of CBP
will initiate an investigation if
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 finds that
the information available ‘‘reasonably
but not conclusively’’ indicates that
such merchandise ‘‘is being, or is likely
to be, imported’’ into the United States,
the Commissioner will order port
directors to ‘‘withhold release of the
merchandise pending [further]
instructions.’’ 19 CFR 12.42(e). After
issuance of a withhold release order, the
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jspears on DSK121TN23PROD with NOTICES1
4635
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices
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). See
Appendix to 19 CFR part 0. Under 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.
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
forced labor in violation of 19 U.S.C.
1307. 19 CFR 12.43–12.44. Subject to
certain conditions, the importer may
also export the merchandise prior to
seizure. 19 CFR 12.44(a).
These regulations also set forth the
procedure for the Commissioner of CBP
to issue a Finding when the
Commissioner determines that the
merchandise is subject to the provisions
of 19 U.S.C. 1307. Pursuant to 19 CFR
12.42(f), if the Commissioner finds 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 will, with the approval of
the Secretary of the Department of
Homeland Security (DHS), publish a
Finding to that effect in the Federal
Register and in the Customs Bulletin
and Decisions.
1
Under the authority of
19 CFR 12.44(b), CBP may seize and
forfeit imported merchandise covered
by a Finding.
On July 31, 2020, CBP issued a
withhold release order (made effective
on August 18, 2021) on ‘‘seafood’’ with
reasonable evidence demonstrating that
the Da Wang fishing vessel, which flies
a Vanuatu flag but has a Taiwanese
beneficiary, harvested the seafood using
forced or convict labor. Through its
investigation, CBP has determined that
there is sufficient information to
support a Finding that the Da Wang
vessel, owned by Yong Feng Fishery
Ltd., is using forced labor in its fishing
operations and that such seafood
harvested by the vessel 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 harvested in
whole or in part with the use of convict,
forced, or indentured labor by the Da
Wang fishing vessel, which is owned by
Yong Feng Fishery Ltd., 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. 19 CFR
12.42(g).
B. Articles and Entities Covered by This
Finding
This Finding covers seafood, mainly
tuna products, classified under
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
0304.87.0000, 0304.99.1190,
1604.14.4000, 1604.14.3059, and any
other relevant subheadings under
Chapters 3 and 16, which are harvested
wholly or in part by the Da Wang
fishing vessel, which is owned and
operated by Yong Feng Fishery Ltd.
The Secretary of Homeland Security
has reviewed and approved this
Finding.
Dated: January 25, 2022.
John P. Leonard,
Acting Executive Assistant Commissioner,
Office of Trade.
[FR Doc. 2022–01778 Filed 1–27–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 22–02]
Notice of Finding That Certain Palm Oil
and Derivative Products Made Wholly
or In Part With Palm Oil Produced by
the Malaysian Company Sime Darby
Plantation Berhad Its Subsidiaries, and
Joint Ventures, With the Use of
Convict, Forced or Indentured Labor
Are Being, or Are Likely To Be,
Imported Into the United States in
Violation of 19 U.S.C. 1307
AGENCY
: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION
: General notice of forced labor
finding.
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 palm oil and
derivative products made wholly or in
part with palm oil produced by Sime
Darby Plantation Berhad, its
subsidiaries, and joint ventures with the
use of convict, forced or indentured
labor, 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
January 28, 2022. It also applies to
merchandise which has already been
imported and has not been released
from CBP custody before January 28,
2022.
FOR FURTHER INFORMATION CONTACT
:
Ilissa Kabak Shefferman, Chief,
Investigations Branch, Forced Labor
Division, Trade Remedy Law
Enforcement Directorate, Office of
Trade, (202) 506–5663 or forcedlabor@
cbp.dhs.gov.
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 U.S. Customs and Border
Protection (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 or her 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 of CBP will initiate an
investigation if 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 finds that the
information available ‘‘reasonably but
not conclusively’’ indicates that such
merchandise ‘‘is being, or is likely to be,
imported’’ into the United States, the
Commissioner will order port directors
to ‘‘withhold release of the merchandise
pending [further] instructions.’’ 19 CFR
12.42(e). After issuance of such a
withhold release order, the covered
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jspears on DSK121TN23PROD with NOTICES1
