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, 4635-4636 [2022-01779]
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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
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28JAN1
4636
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES1
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 December 16, 2020, CBP issued a
withhold release order (made effective
on December 30, 2020) on ‘‘palm oil,’’
including all crude palm oil and palm
kernel oil and derivative products, made
wholly or in part with palm oil traceable
to Sime Darby Plantation Berhad (‘‘Sime
Darby Plantation’’), with reasonable
evidence demonstrating that the Sime
Darby Plantation, including its
subsidiaries and joint ventures,
primarily located in Malaysia, harvested
the fruit and produced the palm oil
using forced labor. Through its
investigation, CBP has determined that
there is sufficient information to
support a Finding that Sime Darby
Plantation and its subsidiaries are using
forced labor on Sime Darby’s
plantations in Malaysia to harvest fresh
fruit bunches, which are used to extract
palm oil and produce derivative
products, and that such palm oil and
derivative products produced by the
company are likely being imported into
the United States.
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
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 manufactured or
produced in whole or in part with the
use of convict, forced, or indentured
labor by Sime Darby Plantation and its
subsidiaries 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 palm oil and
derivative products made wholly or in
part with palm oil classified under
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
12.07.10.0000, 1511.10.0000,
1511.90.0000, 1513.21.0000,
1513.29.0000, 1517, 3401.11,
3401.20.0000, 3401.19.0000,
3823.12.0000, 3823.19.2000,
3823.70.6000, 3823.70.4000, 3824.99.41
and any other relevant subheadings
under Chapters 12, 15, 23, 29 and 38,
which are produced or manufactured
wholly or in part by Sime Darby
Plantation, its subsidiaries and joint
ventures.
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. 2022–01779 Filed 1–27–22; 8:45 am]
BILLING CODE 9111–14–P
INTER-AMERICAN FOUNDATION
Sunshine Act Meetings
February 3, 2022, 2:00
p.m.–3:30 p.m. ET.
PLACE: Via tele-conference.
STATUS: Meeting of the IAF Board of
Directors, open to the public, portion
closed to the public.
MATTERS TO BE CONSIDERED:
D Call to Order from the Board Chair
D Welcome from the Interim President/
CEO and Board Chair
TIME AND DATE:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
D Candidate Review process for CEO
Recruitment
D Adjournment
Portion To Be Closed to the Public
D Executive session closed to the public
as provided for by 22 CFR 1004.4(b).
CONTACT PERSON FOR MORE INFORMATION:
Aswathi Zachariah, General Counsel,
(202) 683–7118.
For Dial-in Information Contact:
Denetra McPherson, Paralegal, (202)
699–3054.
The Inter-American Foundation is
holding this meeting under the
Government in the Sunshine Act, 5
U.S.C. 552(b).
Aswathi Zachariah,
General Counsel.
[FR Doc. 2022–01945 Filed 1–26–22; 4:15 pm]
BILLING CODE 7025–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[223A2100DD/AAKC001030/
A0A501010.999900]
Indian Entities Recognized by and
Eligible To Receive Services From the
United States Bureau of Indian Affairs
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
current list of 574 Tribal entities
recognized by and eligible for funding
and services from the Bureau of Indian
Affairs (BIA) by virtue of their status as
Indian Tribes.
DATES: The list is updated from the
notice published on January 29, 2021
(86 FR 7554) and from the notice
published of corrections (Tribal name
changes) on April 9, 2021 (86 FR
18552).
SUMMARY:
Ms.
Laurel Iron Cloud, Bureau of Indian
Affairs, Office of Indian Services,
Division of Tribal Government Services,
Mail Stop 3645–MIB, 1849 C Street NW,
Washington, DC 20240. Telephone
number: (202) 513–7641.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to Section
104 of the Act of November 2, 1994
(Pub. L. 103–454; 108 Stat. 4791, 4792),
in accordance with Section 83.6(a) of
part 83 of title 25 of the Code of Federal
Regulations, and in exercise of authority
delegated to the Assistant Secretary—
Indian Affairs under 25 U.S.C. 2 and 9
and 209 DM 8. Published below is an
updated list of federally recognized
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4635-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01779]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 22-02]
Notice of Finding That Certain Palm Oil and Derivative Products
Made Wholly or In Part With Palm Oil Produced by the Malaysian Company
Sime Darby Plantation Berhad Its Subsidiaries, and Joint Ventures, With
the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely
To Be, Imported Into the United States in Violation of 19 U.S.C. 1307
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice of forced labor finding.
-----------------------------------------------------------------------
SUMMARY: This document notifies the public that U.S. Customs and Border
Protection (CBP), with the approval of the Secretary of Homeland
Security, has determined that certain palm oil and derivative products
made wholly or in part with palm oil produced by Sime Darby Plantation
Berhad, its subsidiaries, and joint ventures with the use of convict,
forced or indentured labor, are being, or are likely to be, imported
into the United States.
DATES: This Finding applies to any merchandise described in Section II
of this Notice that is imported on or after January 28, 2022. It also
applies to merchandise which has already been imported and has not been
released from CBP custody before January 28, 2022.
FOR FURTHER INFORMATION CONTACT: Ilissa Kabak Shefferman, Chief,
Investigations Branch, Forced Labor Division, Trade Remedy Law
Enforcement Directorate, Office of Trade, (202) 506-5663 or
[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 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
[[Page 4636]]
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 December 16, 2020, CBP issued a withhold release order (made
effective on December 30, 2020) on ``palm oil,'' including all crude
palm oil and palm kernel oil and derivative products, made wholly or in
part with palm oil traceable to Sime Darby Plantation Berhad (``Sime
Darby Plantation''), with reasonable evidence demonstrating that the
Sime Darby Plantation, including its subsidiaries and joint ventures,
primarily located in Malaysia, harvested the fruit and produced the
palm oil using forced labor. Through its investigation, CBP has
determined that there is sufficient information to support a Finding
that Sime Darby Plantation and its subsidiaries are using forced labor
on Sime Darby's plantations in Malaysia to harvest fresh fruit bunches,
which are used to extract palm oil and produce derivative products, and
that such palm oil and derivative products produced by the company 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
manufactured or produced in whole or in part with the use of convict,
forced, or indentured labor by Sime Darby Plantation and its
subsidiaries 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 palm oil and derivative products made wholly or
in part with palm oil classified under Harmonized Tariff Schedule of
the United States (HTSUS) subheadings 12.07.10.0000, 1511.10.0000,
1511.90.0000, 1513.21.0000, 1513.29.0000, 1517, 3401.11, 3401.20.0000,
3401.19.0000, 3823.12.0000, 3823.19.2000, 3823.70.6000, 3823.70.4000,
3824.99.41 and any other relevant subheadings under Chapters 12, 15,
23, 29 and 38, which are produced or manufactured wholly or in part by
Sime Darby Plantation, its subsidiaries and joint ventures.
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. 2022-01779 Filed 1-27-22; 8:45 am]
BILLING CODE 9111-14-P
