Notice of Finding That Certain Stevia Extracts and Derivatives Produced in the People's Republic of China With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely To Be, Imported Into the United States, 66574-66575 [2020-23123]

Download as PDF 66574 Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2020–0664] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625–0119 Coast Guard, DHS. Sixty-day notice requesting comments. AGENCY: ACTION: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625–0119, Coast Guard Exchange System Scholarship Application; without change. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below. DATES: Comments must reach the Coast Guard on or before December 21, 2020. ADDRESSES: You may submit comments identified by Coast Guard docket number [USCG–2020–0664] to the Coast Guard using the Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public participation and request for comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. A copy of the ICR is available through the docket on the internet at https:// www.regulations.gov. Additionally, copies are available from: Commandant (CG–6P), ATTN: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE, STOP 7710, Washington, DC 20593–7710. FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy Management, telephone 202–475–3528, or fax 202– 372–8405, for questions on these documents. SUMMARY: SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments This notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection’s purpose, the Collection’s likely burden VerDate Sep<11>2014 18:08 Oct 19, 2020 Jkt 253001 on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. Consistent with the requirements of Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, and Executive Order 13777, Enforcing the Regulatory Reform Agenda, the Coast Guard is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period. We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG–2020–0664], and must be received by December 21, 2020. Submitting Comments We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Information Collection Request Title: Coast Guard Exchange System Scholarship Application. OMB Control Number: 1625–0119. Summary: This information collected on this form allows the Coast Guard Exchange System Scholarship Program Committee to evaluate and rank scholarship applications in order to award the annual scholarships. Need: Community Services Command Staff Instruction, CSCINST 1780 (series), provides policy and procedure for the award of annual scholarships from the Coast Guard Exchange System to dependents of Coast Guard members and employees. The information collected by this form allows for the awarding of scholarships based upon the criteria and procedures outlined in the Instruction under the auspices of 5 U.S.C. 301. Forms: CG–5687. Respondents: Coast Guard dependents. Frequency: Annually. Hour Burden Estimate: The estimated burden remains 120 hours per year. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. Dated: October 13, 2020. Kathleen Claffie, Chief, Office of Privacy Management, U.S. Coast Guard. [FR Doc. 2020–23203 Filed 10–19–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 20–17] Notice of Finding That Certain Stevia Extracts and Derivatives Produced in the People’s Republic of China With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely To Be, Imported Into the United States U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice of forced labor finding. AGENCY: This document notifies the public that the Executive Assistant Commissioner, Office of Trade, of U.S. Customs and Border Protection (CBP), with the approval of the Acting SUMMARY: E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices Secretary of Homeland Security, has determined that stevia extracts and derivatives, mined, produced, or manufactured in the People’s Republic of China by the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. (also referred to herein as ‘‘Baoanzhao’’) 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 October 20, 2020. It also applies to merchandise which has already been imported and has not been released from CBP custody before October 20, 2020. FOR FURTHER INFORMATION CONTACT: Edward T. Thurmond, Chief, Forced Labor Division, Trade Remedy Law Enforcement Directorate, Office of Trade, (202) 897–9348 or edward.t.thurmond@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 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 persons outside of CBP to petition the Commissioner of CBP to investigate whether 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)–(d). CBP also has the authority to self-initiate an investigation. 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 VerDate Sep<11>2014 18:08 Oct 19, 2020 Jkt 253001 merchandise pending [further] instructions.’’ 19 CFR 12.42(e). After issuance of a withhold release order, the covered merchandise will be detained by CBP for an admissibility determination and excluded unless the importer demonstrates that the merchandise was not made using forced labor. The importer may also export the merchandise. 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 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 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. On May 20, 2016, CBP issued a withhold release order on ‘‘stevia extracts and derivatives’’ believed to be processed by forced or convict labor in the People’s Republic of China by the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. Through its investigation, CBP has determined that there is sufficient evidence to support the finding that Baoanzhao is a prison/ forced labor facility and that stevia extracts and derivatives mined, produced, or manufactured by Baoanzhao are 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 the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., 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. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 66575 Ltd. in the People’s Republic of China, 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. B. Articles and Entities Covered by This Finding This Finding covers stevia leaf (Stevia rebaudiana) extracts, or glycosides classified under subheading 2938.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), that are mined, produced or manufactured wholly or in part by the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. in the People’s Republic of China. This entity is also known by the following names: The Inner Mongolia Hengzheng Group Baoanzhao Agriculture and Trade Co., Ltd.; the Inner Mongolia Autonomous Region Prison Administration Bureau Baoanzhao Agriculture and Trade Co., Ltd.; and the Baoanzhao Prison Farm. The Acting Secretary of Homeland Security has reviewed and approved this Finding. Dated: October 14, 2020. Brenda B. Smith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2020–23123 Filed 10–19–20; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2020–0037] Homeland Security Advisory Council; Meeting Office of Partnership and Engagement (OPE), Department of Homeland Security (DHS). ACTION: Notice of partially closed Federal Advisory Committee meeting. AGENCY: The Homeland Security Advisory Council (Council) will meet on Thursday, November 12, 2020. The meeting will be partially closed to the public and have both an open session and a closed session. DATES: The meeting will take place from 1:00 p.m. to 4:00 p.m. EDT on Thursday, November 12, 2020. The meeting will be closed to the public from 1:00 p.m. to 2:00 p.m. EDT. The meeting will be open to the public from 2:05 p.m. to 4:00 p.m. EDT. Please note the meeting may end early if the Council has completed its business. SUMMARY: E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66574-66575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23123]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 20-17]


Notice of Finding That Certain Stevia Extracts and Derivatives 
Produced in the People's Republic of China 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.

-----------------------------------------------------------------------

SUMMARY: This document notifies the public that the Executive Assistant 
Commissioner, Office of Trade, of U.S. Customs and Border Protection 
(CBP), with the approval of the Acting

[[Page 66575]]

Secretary of Homeland Security, has determined that stevia extracts and 
derivatives, mined, produced, or manufactured in the People's Republic 
of China by the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, 
Industry, and Trade Co., Ltd. (also referred to herein as 
``Baoanzhao'') 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 October 20, 2020. It also 
applies to merchandise which has already been imported and has not been 
released from CBP custody before October 20, 2020.

FOR FURTHER INFORMATION CONTACT: Edward T. Thurmond, Chief, Forced 
Labor Division, Trade Remedy Law Enforcement Directorate, Office of 
Trade, (202) 897-9348 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 persons outside of CBP to petition the 
Commissioner of CBP to investigate whether 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)-(d). 
CBP also has the authority to self-initiate an investigation. 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 a 
withhold release order, the covered merchandise will be detained by CBP 
for an admissibility determination and excluded unless the importer 
demonstrates that the merchandise was not made using forced labor. The 
importer may also export the merchandise.
    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 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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    On May 20, 2016, CBP issued a withhold release order on ``stevia 
extracts and derivatives'' believed to be processed by forced or 
convict labor in the People's Republic of China by the Inner Mongolia 
Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. 
Through its investigation, CBP has determined that there is sufficient 
evidence to support the finding that Baoanzhao is a prison/forced labor 
facility and that stevia extracts and derivatives mined, produced, or 
manufactured by Baoanzhao are 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 the Inner Mongolia Hengzheng 
Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. in the 
People's Republic of China, 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.

B. Articles and Entities Covered by This Finding

    This Finding covers stevia leaf (Stevia rebaudiana) extracts, or 
glycosides classified under subheading 2938.90.0000, Harmonized Tariff 
Schedule of the United States (HTSUS), that are mined, produced or 
manufactured wholly or in part by the Inner Mongolia Hengzheng Group 
Baoanzhao Agriculture, Industry, and Trade Co., Ltd. in the People's 
Republic of China. This entity is also known by the following names: 
The Inner Mongolia Hengzheng Group Baoanzhao Agriculture and Trade Co., 
Ltd.; the Inner Mongolia Autonomous Region Prison Administration Bureau 
Baoanzhao Agriculture and Trade Co., Ltd.; and the Baoanzhao Prison 
Farm.
    The Acting Secretary of Homeland Security has reviewed and approved 
this Finding.

    Dated: October 14, 2020.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2020-23123 Filed 10-19-20; 8:45 am]
BILLING CODE 9111-14-P