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, 4634-4635 [2022-01778]

Download as PDF 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 jspears on DSK121TN23PROD with NOTICES1 National Institutes of Health 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 18:03 Jan 27, 2022 Jkt 256001 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 U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice of forced labor finding. AGENCY: National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting VerDate Sep<11>2014 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. 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 SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 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 jspears on DSK121TN23PROD with NOTICES1 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 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. VerDate Sep<11>2014 18:03 Jan 27, 2022 Jkt 256001 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 U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice of forced labor finding. AGENCY: 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 SUMMARY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 4635 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 E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4634-4635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01778]


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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 
[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 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

[[Page 4635]]

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.
---------------------------------------------------------------------------

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

    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