Notice of Proposed Procedural Guidelines for the Development and Maintenance of the List of Goods From Countries Produced by Child Labor or Forced Labor Pursuant to the Trafficking Victims Protection Reauthorization Act of 2005, 55808-55811 [E7-19310]
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55808
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices
Like Product produced in your U.S.
plant(s); and
(c) the quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Product
produced in your U.S. plant(s).
(8) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from the Subject Country(ies), provide
the following information on your
firm’s(s’) operations on that product
during calendar year 2006 (report
quantity data in pounds and value data
in U.S. dollars). If you are a trade/
business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing duties)
of U.S. imports and, if known, an
estimate of the percentage of total U.S.
imports of Subject Merchandise from
each Subject Country accounted for by
your firm’s(s’) imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S.
commercial shipments of Subject
Merchandise imported from each
Subject Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from
each Subject Country.
(9) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject
Country(ies), provide the following
information on your firm’s(s’)
operations on that product during
calendar year 2006 (report quantity data
in pounds and value data in U.S.
dollars, landed and duty-paid at the
U.S. port but not including antidumping
or countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production; and
(b) The quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(10) Identify significant changes, if
any, in the supply and demand
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conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country since the Order
Date, and significant changes, if any,
that are likely to occur within a
reasonably foreseeable time. Supply
conditions to consider include
technology; production methods;
development efforts; ability to increase
production (including the shift of
production facilities used for other
products and the use, cost, or
availability of major inputs into
production); and factors related to the
ability to shift supply among different
national markets (including barriers to
importation in foreign markets or
changes in market demand abroad).
Demand conditions to consider include
end uses and applications; the existence
and availability of substitute products;
and the level of competition among the
Domestic Like Product produced in the
United States, Subject Merchandise
produced in each Subject Country, and
such merchandise from other countries.
(11) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: September 24, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–19065 Filed 9–28–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Office of the Secretary
Notice of Proposed Procedural
Guidelines for the Development and
Maintenance of the List of Goods From
Countries Produced by Child Labor or
Forced Labor Pursuant to the
Trafficking Victims Protection
Reauthorization Act of 2005
Bureau of International Labor
Affairs, Department of Labor.
ACTION: Notice and request for
comments regarding proposed
procedural guidelines for the
development and maintenance of a list
of goods from countries produced by
AGENCY:
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child labor or forced labor in violation
of international standards.
SUMMARY: This notice sets forth
proposed procedural guidelines
pertaining to the development and
maintenance of a list of goods from
foreign countries produced by child
labor or forced labor in violation of
international standards (‘‘the List’’),
pursuant to the Trafficking Victims
Protection Reauthorization Act of 2005.
The guidelines provide information as
to the submission of information,
review, and reporting process used by
the U.S. Department of Labor’s (‘‘DOL’’)
Office of Child Labor, Forced Labor, and
Human Trafficking (‘‘the Office’’) in
maintaining and revising the List. DOL
invites all interested persons to submit
written comments on the proposed
guidelines.
Comments regarding the
proposed procedural guidelines must be
received by the Office on or before
October 31, 2007.
ADDRESSES: Comments, identified as
‘‘Docket No. DOL–2007–0004,’’ may be
submitted by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The portal
includes instructions for submitting
comments. Parties submitting responses
electronically are encouraged not to
submit paper copies.
• Facsimile (fax): ILAB/Office of
Child Labor, Forced Labor, and Human
Trafficking at 202–693–4830.
• Mail, Express Delivery, Hand
Delivery, and Messenger Service: Submit
an original and three copies of written
comments and attachments to Charita
Castro or Rachel Rigby at U.S.
Department of Labor, ILAB/Office of
Child Labor, Forced Labor, and Human
Trafficking, 200 Constitution Ave., NW.,
Room S–5317, Washington, DC 20210. If
possible, submitters should provide
written comments on a computer disc.
All submissions received must
include the agency name and docket
number. They should clearly identify
the party filing the submission and
should be signed and dated. Note that
security-related problems may result in
significant delays in receiving
comments and other written materials
by mail.
Docket Access: All comments
received will be made available to the
public on the Federal eRulemaking
Portal: https://www.regulations.gov and
at the U.S. Department of Labor, 200
Constitution Ave., NW., Room S–5317,
Washington, DC 20210. Because
comments sent to the docket are
available for public inspection, the
DATES:
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Office cautions commenters against
including in their comments personal or
confidential information such as social
security numbers and birth dates. The
Office will not respond directly to
comments or return them to the
submitter.
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FOR FURTHER INFORMATION CONTACT:
Charita Castro or Rachel Rigby, Office of
Child Labor, Forced Labor, and Human
Trafficking, Bureau of International
Labor Affairs, U.S. Department of Labor
at (202) 693–4843; fax (202) 693–4830.
SUPPLEMENTARY INFORMATION: Section
105(b)(1) of the Trafficking Victims
Protection Reauthorization Act of 2005
(‘‘TVPRA’’), Public Law 109–164 (2006),
directed the Secretary of Labor, acting
through the Bureau of International
Labor Affairs (‘‘ILAB’’) of the U.S.
Department of Labor (‘‘DOL’’), to ‘‘carry
out additional activities to monitor and
combat forced labor and child labor in
foreign countries.’’ Section 105(b)(2)
lists these activities specifically as those
to:
(A) Monitor the use of forced labor
and child labor in violation of
international standards;
(B) Provide information regarding
trafficking in persons for the purpose of
forced labor to the Office to Monitor and
Combat Trafficking of the Department of
State for inclusion in trafficking in
persons report required by Section
110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C.
7107(b));
(C) Develop and make available to the
public a list of goods from countries that
the Bureau of International Labor Affairs
has reason to believe are produced by
forced labor or child labor in violation
of international standards;
(D) Work with persons who are
involved in the production of goods on
the list described in subparagraph (C) to
create a standard set of practices that
will reduce the likelihood that such
persons will produce goods using the
labor described in such subparagraph;
and
(E) Consult with other departments
and agencies of the United States
Government to reduce forced and child
labor internationally and ensure that
products made by forced labor and child
labor in violation of international
standards are not imported into the
United States.
See 22 U.S.C. 7112(b).
The Office of Child Labor, Forced
Labor, and Human Trafficking within
ILAB has been designated to carry out
the DOL mandates in the TVPRA. As
part of these efforts, and in furtherance
of ILAB’s broader mission of working to
create a more stable, secure, and
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prosperous international economic
system in which the basic rights of
workers and children are respected and
protected, the Office conducts research
on child labor and forced labor
worldwide, consulting such sources as
DOL’s Findings on the Worst Forms of
Child Labor; the Department of State’s
annual Country Reports on Human
Rights Practices and Trafficking in
Persons Reports; other reports by
governmental, non-governmental, and
international organizations as well as
academic and research institutions; and
other sources. These procedural
guidelines will provide a framework for
ILAB’s implementation of the TVPRA
mandate, by establishing procedures for
the submission of information, agency
review, and reporting process in
developing and maintaining the List.
Once these procedural guidelines are
finalized, the Office will publish a
request for information concerning
goods produced by forced labor or child
labor in violation of international
standards. The Office may also conduct
hearings to assist in the development of
the list of goods produced by forced
labor or child labor in violation of
international standards (‘‘the List’’).
Following the information-gathering
phase, the Office will evaluate the
information obtained according to the
process outlined in its final procedural
guidelines. Goods and countries that
meet these criteria outlined in the
procedural guidelines will be placed on
a List which will be developed in
consultation with appropriate U.S.
government agencies. The List will be
published in the Federal Register and
on the DOL Web site.
DOL will continue to maintain and
update the List over time, through its
own research, interagency
consultations, and through public
submissions of information. Procedures
for the ongoing maintenance of the List
are described below, and key terms used
in these Guidelines are defined below.
Proposed Procedural Guidelines
A. Sources of Information and Factors
Considered for the Development of the
List
The Office will make use of all
relevant information, whether gathered
through research, public submissions of
information, a public hearing,
interagency consultations or other
means, in developing the List. In the
interest of transparency, the Office will
not rely on confidential or classified
information in developing the List. The
Office may request that any such
information brought to its attention be
declassified. In evaluating information,
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the Office will consider whether the
situations described meet the
definitions of child labor, forced labor,
and related terms, as defined in these
guidelines. The Office will also consider
and weigh several factors, including:
1. Nature of information. Whether the
information about child labor or forced
labor gathered from research, public
submissions, hearing testimony, or other
sources is relevant and probative, and
meets the definitions of child labor or
forced labor.
2. Date of information. Whether the
information about child labor or forced
labor in the production of the good(s) is
no more than 7 years old at the time of
receipt. More current information will
generally be given priority, and
information older than 7 years will
generally not be considered.
3. Source of information. Whether the
information, whether from primary or
secondary sources, is from a source
whose methodology, prior publications,
degree of familiarity and experience
with international labor standards, and/
or reputation for accuracy and
objectivity, warrants a determination
that it is relevant and probative.
4. Extent of corroboration. The extent
to which the information about the use
of child labor or forced labor in the
production of a good(s) is corroborated
by other sources.
5. Significant incidence of child labor
or forced labor. Whether the
information about the use of child labor
or forced labor in the production of a
good(s) warrants a determination that
the incidence of such practices is
significant and/or prevalent in the
country in question. Information that
relates only to a single company or
facility; or that indicates an isolated
incident of child or forced labor, will
ordinarily not weigh in favor of a
finding that a good is produced in
violation of international standards.
Information that demonstrates a
significant incidence of forced labor or
child labor in the production of a
particular good(s), although not
necessarily representing a pattern of
practice in the industry as a whole, will
ordinarily weigh in favor of a finding
that a good is produced in violation of
international standards.
In determining which goods are to be
placed on the List, the Office will as
appropriate take into consideration the
stages in the chain of a good’s
production. Whether a good is placed
on the List may depend on which stage
of production used child labor or forced
labor. For example, if child labor or
forced labor was only used in the
extraction, harvesting, assembly, or
production of raw materials or
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component articles, and these are
subsequently used under non-violative
conditions in the manufacture or
processing of a final good, only the raw
materials/component articles and the
country/ies where they were extracted,
harvested, assembled, or produced, as
appropriate, may be placed on the List.
If child labor or forced labor was used
in both the production or extraction of
raw materials/component articles and
the manufacture or processing of a final
good, then both the raw materials/
component articles and the final good,
and the country/ies in which such labor
was used, may be placed on the List.
This is to ensure a direct
correspondence between the goods and
countries which appear on the List, and
the use of child labor or forced labor.
Goods and countries that meet the
criteria outlined in the procedural
guidelines will be placed on a List,
which will be developed in consultation
with appropriate U.S. government
agencies. Before publication of the List,
DOL will inform the relevant foreign
governments of their presence on the
List and request their response. DOL
will review these responses and make a
determination as to their relevance.
Government, industry, or third party
efforts to combat child labor or forced
labor will be taken into consideration,
although they are not necessarily
sufficient, in and of themselves, to
prevent a good and country from being
listed. The List, along with a listing of
the sources used to identify the goods
and countries on it, will be published in
the Federal Register and on the DOL
Web site. The published List will
represent DOL’s conclusions based on
all relevant information available at the
time of publication.
For each good and country (‘‘entry’’),
the List will indicate whether the good
is made using child labor, forced labor,
or both. As the List will continue to be
maintained and updated, the List will
indicate the date when each entry was
included. The List will not include any
company or individual name. DOL’s
published listing of source material
used in identifying goods and countries
on the List will be redacted to remove
any company or individual name.
B. Maintenance of the List
1. Following publication of the List,
the Office will periodically review and
revise the List, as appropriate. The
Office conducts ongoing research and
monitoring of child labor and forced
labor, and if relevant information is
obtained through such research, the
Office may add an entry to, or remove
an entry from, the List using the process
described in section A above. The Office
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may also update the list on the basis of
public information submissions, as
detailed below.
2. Any party may file an information
submission with the Office regarding
the addition, maintenance, or removal
of an entry from the List.
3. The Office will determine whether
to accept a submission of information
for review. The Office may
communicate with the submitter during
this period regarding any matter relating
to the submission. In general, the Office
will accept a submission of information
if it provides relevant and probative
information and if a review of the
submission would not be inconsistent
with applicable laws or regulations.
4. The Office may decline to accept a
submission for review if it determines
that: the submission does not identify
clearly the party filing the submission or
is not signed and dated; the submission
contains confidential or classified
information; the submission does not
provide relevant or probative
information; or, the information is not
within the scope of the TVPRA and/or
does not address child labor or forced
labor as defined herein. Whether or not
the Office accepts a submission for
review, all submissions received will be
made available to the public on the DOL
Web site, consistent with applicable
laws or regulations.
5. If the Office accepts a submission
of information, the Office will conduct
such further examination of other
available information relating to the
good and country as necessary and
appropriate to assist the Office in
making a determination concerning the
addition, maintenance, or removal of
the good from the List. The Office will
undertake consultations with relevant
U.S. government agencies and may hold
a public hearing(s) for the purpose of
receiving relevant information from
interested persons.
6. In order for an entry to be removed
from the List, any person filing
information regarding the entry must
provide information that demonstrates
that there is no significant incidence of
child labor or forced labor in the
production of the particular good in the
country in question. Government,
industry, or third party efforts to combat
child labor or forced labor will be taken
into consideration, although they are
not necessarily sufficient, in and of
themselves, to warrant removal of a
good and country from the List.
7. Where the Office has made a
determination concerning the addition,
maintenance, or removal of the entry
from the List, and where otherwise
appropriate, the Office will publish a
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revised List in the Federal Register and
on the DOL Web site.
C. Key Terms Used in the Guidelines
‘‘Child Labor’’—‘‘Child labor’’ means
all work performed by a person below
the age of 15. It also includes all work
performed by a person below the age of
18 in the following practices: (A) All
forms of slavery or practices similar to
slavery, such as the sale or trafficking of
children, debt bondage and serfdom, or
forced or compulsory labor, including
forced or compulsory recruitment of
children for use in armed conflict; (B)
the use, procuring, or offering of a child
for prostitution, for the production of
pornography or for pornographic
purposes; (C) the use, procuring, or
offering of a child for illicit activities in
particular for the production and
trafficking of drugs; and (D) work
which, by its nature or the
circumstances in which it is carried out,
is likely to harm the health, safety, or
morals of children. The work referred to
in subparagraph (D) shall be determined
by the laws, regulations, or competent
authority of the country involved. This
definition shall not apply to work
specifically authorized by national laws,
including work done by children and
young persons in schools for general,
vocational or technical education or in
other training institutions, where such
work is carried out in accordance with
conditions prescribed by the competent
authority and does not prejudice
children’s attendance in school or their
capacity to benefit from the instruction
received.
‘‘Countries’’—‘‘Countries’’ means any
foreign country or territory, including
any overseas dependent territory or
possession of a foreign country, or the
Trust Territory of the Pacific Islands.
‘‘Forced Labor’’—‘‘Forced labor’’
means 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 indentured
labor. ‘‘Forced labor’’ includes work
provided or obtained by force, fraud, or
coercion, including (1) By threats of
serious harm to, or physical restraint
against any person; (2) by means of any
scheme, plan, or pattern intended to
cause the person to believe that, if the
person did not perform such labor or
services, that person or another person
would suffer serious harm or physical
restraint; or (3) by means of the abuse
or threatened abuse of law or the legal
process. For purposes of this definition,
forced labor does not include work
specifically authorized by national laws
where such work is carried out in
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accordance with conditions prescribed
by the competent authority, including
(a) any work or service required by
compulsory military service laws for
work of a purely military character; (b)
work or service which forms part of the
normal civic obligations of the citizens
of a fully self-governing country; (c)
work or service exacted from any person
as a consequence of a conviction in a
court of law, provided that the said
work or service is carried out under the
supervision and control of a public
authority; and (d) work or service
required in cases of emergency, such as
in the event of war or of a calamity or
threatened calamity, fire, flood, famine,
earthquake, violent epidemic or
epizootic diseases, invasion by animal,
insect or vegetable pests, and in general
any circumstance that would endanger
the existence or the well-being of the
whole or part of the population.
‘‘Goods’’—‘‘Goods’’ means goods,
wares, articles, materials, items,
supplies, and merchandise.
‘‘Indentured Labor’’—‘‘Indentured
labor’’ means all labor undertaken
pursuant to a contract entered into by an
employee the enforcement of which can
be accompanied by process or penalties.
‘‘International Standards’’—
‘‘International standards’’ means
generally accepted international
standards relating to forced labor and
child labor, such as international
conventions and treaties. These
Guidelines employ definitions of ‘‘child
labor’’ and ‘‘forced labor’’ derived from
international standards.
‘‘Produced’’—‘‘Produced’’ means
mined, extracted, harvested, farmed,
produced, created, and manufactured.
Signed at Washington, DC, this 25th day of
September 2007.
Charlotte M. Ponticelli,
Deputy Undersecretary for International
Affairs.
[FR Doc. E7–19310 Filed 9–28–07; 8:45 am]
[Notice (07–076)]
Notice of Intent To Grant Exclusive
License
Dated: September 19, 2007.
Keith T. Sefton,
Deputy General Counsel, Administration and
Management.
[FR Doc. E7–19284 Filed 9–28–07; 8:45 am]
National Aeronautics and
Space Administration.
ACTION: Notice of Intent To Grant
Exclusive License.
AGENCY:
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Objections relating to the
prospective license may be submitted to
Mr. James J. McGroary, Chief Patent
Counsel/LS01, Marshall Space Flight
Center, Huntsville, AL 35812, (256)
544–0013.
ADDRESSES:
Sammy A. Nabors, Technology Transfer
Program Office/ED03, Marshall Space
Flight Center, Huntsville, AL 35812,
(256) 544–5226. Information about other
NASA inventions available for licensing
can be found online at https://
techtracs.nasa.gov/.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY: This notice is issued in
accordance with 35 U.S.C. 209(c)(1) and
37 CFR 404.7(a)(1)(i). NASA hereby
gives notice of its intent to grant an
18:31 Sep 28, 2007
The prospective exclusive
license may be granted unless, within
fifteen (15) days from the date of this
published notice, NASA receives
written objections including evidence
and argument that establish that the
grant of the license would not be
consistent with the requirements of 35
U.S.C. 209 and 37 CFR 404.7.
Competing applications completed and
received by NASA within fifteen (15)
days of the date of this published notice
will also be treated as objections to the
grant of the contemplated exclusive
license.
Objections submitted in response to
this notice will not be made available to
the public for inspection and, to the
extent permitted by law, will not be
released under the Freedom of
Information Act, 5 U.S.C. 552.
DATES:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4510–28–P
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exclusive license in the United States to
practice the inventions described and
claimed in U.S. Patent No. 6,745,942 B1
and U.S. Patent No. 7,017,812 B1 to QI3
Corporation, DBA Quest Integrated.,
having its principal place of business in
Kent, Washington. The patent rights in
this invention have been assigned to the
United States of America as represented
by the Administrator of the National
Aeronautics and Space Administration.
The prospective exclusive license will
comply with the terms and conditions
of 35 U.S.C. 209 and 37 CFR 404.7.
NASA has not yet made a determination
to grant the requested license and may
deny the requested license even if no
objections are submitted within the
comment period.
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BILLING CODE 7510–13–P
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (07–077)]
Privacy Act of 1974; Privacy Act
System of Records Appendices
National Aeronautics and
Space Administration (NASA).
AGENCY:
Revisions of NASA appendices
to Privacy Act system of records.
ACTION:
SUMMARY: Notice is hereby given that
NASA is amending the standard
appendices that it regularly publishes
with the Agency’s systems of records
under the Privacy Act of 1974. In this
notice, NASA (1) names an additional
location, the NASA Shared Services
Center, and updates Locations 16 and 17
for clarity in Appendix A where NASA
systems of records may be maintained;
(2) updates Office of Inspector General
locations; (3) revises its previous routine
use in Appendix B, the Agency’s
Standard Routine Uses to ensure the
Agency’s litigation routine use is in
compliance with the Office of
Management and Budget (OMB) Privacy
Act Guidance—Update dated May 24,
1985; and (4) sets forth a new routine
use in Appendix B, the Agency’s
Standard Routine Uses as required by
OMB Memorandum 07–16 dated May
22, 2007 entitled ‘‘Safeguarding Against
and Responding to the Breach of
Personally Identifiable Information.’’
This new routine use enables the
Agency to quickly and effectively
respond to a breach of personally
identifiable information through
disclosure of information regarding the
breach to those individuals affected by
it, as well as to persons and entities in
a position to cooperate, either by
assisting in notification to affected
individuals or playing a role in
preventing or minimizing harms from
the breach.
Submit comments on or before
30 calendar days from the date of this
publication. These changes will be
effective as proposed at the end of the
comment period unless comments are
received which would require a
contrary determination.
DATES:
Patti F. Stockman, Privacy
Act Officer, Office of the Chief
Information Officer, National
Aeronautics and Space Administration
Headquarters, Washington, DC 20546–
0001, (202) 358–4787, NASAPAOfficer@nasa.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
NASA Privacy Act Officer, Patti F.
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]]>Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Pages 55808-55811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19310]
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DEPARTMENT OF LABOR
Office of the Secretary
Notice of Proposed Procedural Guidelines for the Development and
Maintenance of the List of Goods From Countries Produced by Child Labor
or Forced Labor Pursuant to the Trafficking Victims Protection
Reauthorization Act of 2005
AGENCY: Bureau of International Labor Affairs, Department of Labor.
ACTION: Notice and request for comments regarding proposed procedural
guidelines for the development and maintenance of a list of goods from
countries produced by child labor or forced labor in violation of
international standards.
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SUMMARY: This notice sets forth proposed procedural guidelines
pertaining to the development and maintenance of a list of goods from
foreign countries produced by child labor or forced labor in violation
of international standards (``the List''), pursuant to the Trafficking
Victims Protection Reauthorization Act of 2005. The guidelines provide
information as to the submission of information, review, and reporting
process used by the U.S. Department of Labor's (``DOL'') Office of
Child Labor, Forced Labor, and Human Trafficking (``the Office'') in
maintaining and revising the List. DOL invites all interested persons
to submit written comments on the proposed guidelines.
DATES: Comments regarding the proposed procedural guidelines must be
received by the Office on or before October 31, 2007.
ADDRESSES: Comments, identified as ``Docket No. DOL-2007-0004,'' may be
submitted by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
The portal includes instructions for submitting comments. Parties
submitting responses electronically are encouraged not to submit paper
copies.
Facsimile (fax): ILAB/Office of Child Labor, Forced Labor,
and Human Trafficking at 202-693-4830.
Mail, Express Delivery, Hand Delivery, and Messenger
Service: Submit an original and three copies of written comments and
attachments to Charita Castro or Rachel Rigby at U.S. Department of
Labor, ILAB/Office of Child Labor, Forced Labor, and Human Trafficking,
200 Constitution Ave., NW., Room S-5317, Washington, DC 20210. If
possible, submitters should provide written comments on a computer
disc.
All submissions received must include the agency name and docket
number. They should clearly identify the party filing the submission
and should be signed and dated. Note that security-related problems may
result in significant delays in receiving comments and other written
materials by mail.
Docket Access: All comments received will be made available to the
public on the Federal eRulemaking Portal: https://www.regulations.gov
and at the U.S. Department of Labor, 200 Constitution Ave., NW., Room
S-5317, Washington, DC 20210. Because comments sent to the docket are
available for public inspection, the
[[Page 55809]]
Office cautions commenters against including in their comments personal
or confidential information such as social security numbers and birth
dates. The Office will not respond directly to comments or return them
to the submitter.
FOR FURTHER INFORMATION CONTACT: Charita Castro or Rachel Rigby, Office
of Child Labor, Forced Labor, and Human Trafficking, Bureau of
International Labor Affairs, U.S. Department of Labor at (202) 693-
4843; fax (202) 693-4830.
SUPPLEMENTARY INFORMATION: Section 105(b)(1) of the Trafficking Victims
Protection Reauthorization Act of 2005 (``TVPRA''), Public Law 109-164
(2006), directed the Secretary of Labor, acting through the Bureau of
International Labor Affairs (``ILAB'') of the U.S. Department of Labor
(``DOL''), to ``carry out additional activities to monitor and combat
forced labor and child labor in foreign countries.'' Section 105(b)(2)
lists these activities specifically as those to:
(A) Monitor the use of forced labor and child labor in violation of
international standards;
(B) Provide information regarding trafficking in persons for the
purpose of forced labor to the Office to Monitor and Combat Trafficking
of the Department of State for inclusion in trafficking in persons
report required by Section 110(b) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b));
(C) Develop and make available to the public a list of goods from
countries that the Bureau of International Labor Affairs has reason to
believe are produced by forced labor or child labor in violation of
international standards;
(D) Work with persons who are involved in the production of goods
on the list described in subparagraph (C) to create a standard set of
practices that will reduce the likelihood that such persons will
produce goods using the labor described in such subparagraph; and
(E) Consult with other departments and agencies of the United
States Government to reduce forced and child labor internationally and
ensure that products made by forced labor and child labor in violation
of international standards are not imported into the United States.
See 22 U.S.C. 7112(b).
The Office of Child Labor, Forced Labor, and Human Trafficking
within ILAB has been designated to carry out the DOL mandates in the
TVPRA. As part of these efforts, and in furtherance of ILAB's broader
mission of working to create a more stable, secure, and prosperous
international economic system in which the basic rights of workers and
children are respected and protected, the Office conducts research on
child labor and forced labor worldwide, consulting such sources as
DOL's Findings on the Worst Forms of Child Labor; the Department of
State's annual Country Reports on Human Rights Practices and
Trafficking in Persons Reports; other reports by governmental, non-
governmental, and international organizations as well as academic and
research institutions; and other sources. These procedural guidelines
will provide a framework for ILAB's implementation of the TVPRA
mandate, by establishing procedures for the submission of information,
agency review, and reporting process in developing and maintaining the
List.
Once these procedural guidelines are finalized, the Office will
publish a request for information concerning goods produced by forced
labor or child labor in violation of international standards. The
Office may also conduct hearings to assist in the development of the
list of goods produced by forced labor or child labor in violation of
international standards (``the List''). Following the information-
gathering phase, the Office will evaluate the information obtained
according to the process outlined in its final procedural guidelines.
Goods and countries that meet these criteria outlined in the procedural
guidelines will be placed on a List which will be developed in
consultation with appropriate U.S. government agencies. The List will
be published in the Federal Register and on the DOL Web site.
DOL will continue to maintain and update the List over time,
through its own research, interagency consultations, and through public
submissions of information. Procedures for the ongoing maintenance of
the List are described below, and key terms used in these Guidelines
are defined below.
Proposed Procedural Guidelines
A. Sources of Information and Factors Considered for the Development of
the List
The Office will make use of all relevant information, whether
gathered through research, public submissions of information, a public
hearing, interagency consultations or other means, in developing the
List. In the interest of transparency, the Office will not rely on
confidential or classified information in developing the List. The
Office may request that any such information brought to its attention
be declassified. In evaluating information, the Office will consider
whether the situations described meet the definitions of child labor,
forced labor, and related terms, as defined in these guidelines. The
Office will also consider and weigh several factors, including:
1. Nature of information. Whether the information about child labor
or forced labor gathered from research, public submissions, hearing
testimony, or other sources is relevant and probative, and meets the
definitions of child labor or forced labor.
2. Date of information. Whether the information about child labor
or forced labor in the production of the good(s) is no more than 7
years old at the time of receipt. More current information will
generally be given priority, and information older than 7 years will
generally not be considered.
3. Source of information. Whether the information, whether from
primary or secondary sources, is from a source whose methodology, prior
publications, degree of familiarity and experience with international
labor standards, and/or reputation for accuracy and objectivity,
warrants a determination that it is relevant and probative.
4. Extent of corroboration. The extent to which the information
about the use of child labor or forced labor in the production of a
good(s) is corroborated by other sources.
5. Significant incidence of child labor or forced labor. Whether
the information about the use of child labor or forced labor in the
production of a good(s) warrants a determination that the incidence of
such practices is significant and/or prevalent in the country in
question. Information that relates only to a single company or
facility; or that indicates an isolated incident of child or forced
labor, will ordinarily not weigh in favor of a finding that a good is
produced in violation of international standards. Information that
demonstrates a significant incidence of forced labor or child labor in
the production of a particular good(s), although not necessarily
representing a pattern of practice in the industry as a whole, will
ordinarily weigh in favor of a finding that a good is produced in
violation of international standards.
In determining which goods are to be placed on the List, the Office
will as appropriate take into consideration the stages in the chain of
a good's production. Whether a good is placed on the List may depend on
which stage of production used child labor or forced labor. For
example, if child labor or forced labor was only used in the
extraction, harvesting, assembly, or production of raw materials or
[[Page 55810]]
component articles, and these are subsequently used under non-violative
conditions in the manufacture or processing of a final good, only the
raw materials/component articles and the country/ies where they were
extracted, harvested, assembled, or produced, as appropriate, may be
placed on the List. If child labor or forced labor was used in both the
production or extraction of raw materials/component articles and the
manufacture or processing of a final good, then both the raw materials/
component articles and the final good, and the country/ies in which
such labor was used, may be placed on the List. This is to ensure a
direct correspondence between the goods and countries which appear on
the List, and the use of child labor or forced labor.
Goods and countries that meet the criteria outlined in the
procedural guidelines will be placed on a List, which will be developed
in consultation with appropriate U.S. government agencies. Before
publication of the List, DOL will inform the relevant foreign
governments of their presence on the List and request their response.
DOL will review these responses and make a determination as to their
relevance. Government, industry, or third party efforts to combat child
labor or forced labor will be taken into consideration, although they
are not necessarily sufficient, in and of themselves, to prevent a good
and country from being listed. The List, along with a listing of the
sources used to identify the goods and countries on it, will be
published in the Federal Register and on the DOL Web site. The
published List will represent DOL's conclusions based on all relevant
information available at the time of publication.
For each good and country (``entry''), the List will indicate
whether the good is made using child labor, forced labor, or both. As
the List will continue to be maintained and updated, the List will
indicate the date when each entry was included. The List will not
include any company or individual name. DOL's published listing of
source material used in identifying goods and countries on the List
will be redacted to remove any company or individual name.
B. Maintenance of the List
1. Following publication of the List, the Office will periodically
review and revise the List, as appropriate. The Office conducts ongoing
research and monitoring of child labor and forced labor, and if
relevant information is obtained through such research, the Office may
add an entry to, or remove an entry from, the List using the process
described in section A above. The Office may also update the list on
the basis of public information submissions, as detailed below.
2. Any party may file an information submission with the Office
regarding the addition, maintenance, or removal of an entry from the
List.
3. The Office will determine whether to accept a submission of
information for review. The Office may communicate with the submitter
during this period regarding any matter relating to the submission. In
general, the Office will accept a submission of information if it
provides relevant and probative information and if a review of the
submission would not be inconsistent with applicable laws or
regulations.
4. The Office may decline to accept a submission for review if it
determines that: the submission does not identify clearly the party
filing the submission or is not signed and dated; the submission
contains confidential or classified information; the submission does
not provide relevant or probative information; or, the information is
not within the scope of the TVPRA and/or does not address child labor
or forced labor as defined herein. Whether or not the Office accepts a
submission for review, all submissions received will be made available
to the public on the DOL Web site, consistent with applicable laws or
regulations.
5. If the Office accepts a submission of information, the Office
will conduct such further examination of other available information
relating to the good and country as necessary and appropriate to assist
the Office in making a determination concerning the addition,
maintenance, or removal of the good from the List. The Office will
undertake consultations with relevant U.S. government agencies and may
hold a public hearing(s) for the purpose of receiving relevant
information from interested persons.
6. In order for an entry to be removed from the List, any person
filing information regarding the entry must provide information that
demonstrates that there is no significant incidence of child labor or
forced labor in the production of the particular good in the country in
question. Government, industry, or third party efforts to combat child
labor or forced labor will be taken into consideration, although they
are not necessarily sufficient, in and of themselves, to warrant
removal of a good and country from the List.
7. Where the Office has made a determination concerning the
addition, maintenance, or removal of the entry from the List, and where
otherwise appropriate, the Office will publish a revised List in the
Federal Register and on the DOL Web site.
C. Key Terms Used in the Guidelines
``Child Labor''--``Child labor'' means all work performed by a
person below the age of 15. It also includes all work performed by a
person below the age of 18 in the following practices: (A) All forms of
slavery or practices similar to slavery, such as the sale or
trafficking of children, debt bondage and serfdom, or forced or
compulsory labor, including forced or compulsory recruitment of
children for use in armed conflict; (B) the use, procuring, or offering
of a child for prostitution, for the production of pornography or for
pornographic purposes; (C) the use, procuring, or offering of a child
for illicit activities in particular for the production and trafficking
of drugs; and (D) work which, by its nature or the circumstances in
which it is carried out, is likely to harm the health, safety, or
morals of children. The work referred to in subparagraph (D) shall be
determined by the laws, regulations, or competent authority of the
country involved. This definition shall not apply to work specifically
authorized by national laws, including work done by children and young
persons in schools for general, vocational or technical education or in
other training institutions, where such work is carried out in
accordance with conditions prescribed by the competent authority and
does not prejudice children's attendance in school or their capacity to
benefit from the instruction received.
``Countries''--``Countries'' means any foreign country or
territory, including any overseas dependent territory or possession of
a foreign country, or the Trust Territory of the Pacific Islands.
``Forced Labor''--``Forced labor'' means 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 indentured labor. ``Forced labor'' includes
work provided or obtained by force, fraud, or coercion, including (1)
By threats of serious harm to, or physical restraint against any
person; (2) by means of any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform such labor or
services, that person or another person would suffer serious harm or
physical restraint; or (3) by means of the abuse or threatened abuse of
law or the legal process. For purposes of this definition, forced labor
does not include work specifically authorized by national laws where
such work is carried out in
[[Page 55811]]
accordance with conditions prescribed by the competent authority,
including (a) any work or service required by compulsory military
service laws for work of a purely military character; (b) work or
service which forms part of the normal civic obligations of the
citizens of a fully self-governing country; (c) work or service exacted
from any person as a consequence of a conviction in a court of law,
provided that the said work or service is carried out under the
supervision and control of a public authority; and (d) work or service
required in cases of emergency, such as in the event of war or of a
calamity or threatened calamity, fire, flood, famine, earthquake,
violent epidemic or epizootic diseases, invasion by animal, insect or
vegetable pests, and in general any circumstance that would endanger
the existence or the well-being of the whole or part of the population.
``Goods''--``Goods'' means goods, wares, articles, materials,
items, supplies, and merchandise.
``Indentured Labor''--``Indentured labor'' means all labor
undertaken pursuant to a contract entered into by an employee the
enforcement of which can be accompanied by process or penalties.
``International Standards''--``International standards'' means
generally accepted international standards relating to forced labor and
child labor, such as international conventions and treaties. These
Guidelines employ definitions of ``child labor'' and ``forced labor''
derived from international standards.
``Produced''--``Produced'' means mined, extracted, harvested,
farmed, produced, created, and manufactured.
Signed at Washington, DC, this 25th day of September 2007.
Charlotte M. Ponticelli,
Deputy Undersecretary for International Affairs.
[FR Doc. E7-19310 Filed 9-28-07; 8:45 am]
BILLING CODE 4510-28-P
