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, 16380 [2021-06393]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[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