Determination That Maintenance of Finding of January 28, 2022, Pertaining to 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, Is No Longer Necessary, 7451-7452 [2023-02286]

Download as PDF Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices Review Group; Biobehavioral and Behavioral Sciences Study Section. Date: March 28, 2023. Closed: 10:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant applications. Place: Eunice Kennedy Shriver National Institute of Child Health and Human Development, National Institutes of Health, 6710B Rockledge Drive, Room 2127B, Bethesda, MD 20892 (Virtual Meeting). Contact Person: Chi-Tso Chiu, Ph.D., Scientific Review Officer, Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health & Human Development, National Institute of Health, 6710B Rockledge Drive, Rm 2127B, Bethesda, MD 20817, (301) 435–7486, chiuc@ mail.nih.gov. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. Information is also available on the Institute’s/Center’s home page: https:// www.nichd.nih.gov/about/org/der/srb, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS.) Dated: January 31, 2023. David W. Freeman, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2023–02314 Filed 2–2–23; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health lotter on DSK11XQN23PROD with NOTICES1 Center For Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Emerging Imaging Technologies and Applications Study Section: February 16, 2023, 9 a.m. to February 17, 2023, 8 p.m., National Institutes of Health, 6701 Rockledge Drive Bethesda, MD 20892, which was published in the Federal Register on January 24, 2023, 88 FR 4197. This meeting is being amended to change the Contact Person from Larry Kagemann to Jonathan Arias, Ph.D., Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 301–435–2406. The meeting is closed to the public. VerDate Sep<11>2014 17:51 Feb 02, 2023 Jkt 259001 Dated: January 31, 2023. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2023–02350 Filed 2–2–23; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 23–01] Determination That Maintenance of Finding of January 28, 2022, Pertaining to 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, Is No Longer Necessary U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Determination that merchandise is no longer subject to 19 U.S.C. 1307. AGENCY: On January 28, 2022, U.S. Customs and Border Protection (CBP), with the approval of the Secretary of the Department of Homeland Security, issued a Finding 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, were being produced with the use of forced labor, and were being, or were likely to be, imported into the United States. CBP has now determined, based upon additional information, that such merchandise is no longer being produced with the use of forced labor in violation of section 307 of the Tariff Act of 1930, as amended. DATES: This determination applies to any merchandise described in this notice that is imported on or after February 3, 2023. FOR FURTHER INFORMATION CONTACT: Jason Leffler, Assistant Director, Forced Labor Division, Trade Remedy Law Enforcement Directorate, Office of Trade, (202) 325–1601 or forcedlabor@ cbp.dhs.gov. SUMMARY: 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 7451 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/and indentured labor or 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 (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 selfinitiate an investigation. 19 CFR 12.42(a). If the Commissioner 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 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 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 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 1 Although the regulation states that the Secretary of the Treasury must approve the issuance of a E:\FR\FM\03FEN1.SGM Continued 03FEN1 7452 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices 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 determined that there was sufficient information to support a Finding that the Sime Darby Plantation, its joint ventures, and subsidiaries were 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 also produce such palm oil and derivatives, and that such palm oil and derivative products produced by the company were likely being imported into the United States. Pursuant to 19 CFR 12.42(f), CBP issued a Finding (CBP Dec. 22–02) to that effect in the Federal Register on January 28, 2022 (87 FR 4635).2 Since that time, the Sime Darby Plantation has provided additional information to CBP, which CBP believes establishes by satisfactory evidence that the subject palm oil and derivative products are no longer mined, produced, or manufactured in any part with forced labor. 19 CFR 12.42(g). lotter on DSK11XQN23PROD with NOTICES1 II. Determination Pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(g), it is hereby determined that the articles described below are no longer being mined, produced, or manufactured wholly or in part with the use of convict, forced, or indentured labor by the Sime Darby Plantation, its subsidiaries, and joint ventures. The subject articles are palm oil and derivative products classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 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. 2 The Finding was also published in the Customs Bulletin and Decisions (Vol. 56, No. 6, p. 4) on February 16, 2022. VerDate Sep<11>2014 17:51 Feb 02, 2023 Jkt 259001 1207.10.0000, 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 the Sime Darby Plantation, its subsidiaries, and joint ventures. Dated: January 31, 2023. AnnMarie R. Highsmith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2023–02286 Filed 2–2–23; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLORB07000.L17110000.AL0000. LXSSH1060000.23X.BLM_OR_FRN_ MO4500168638] Public Meeting for the Steens Mountain Advisory Council, Oregon Bureau of Land Management, Interior. ACTION: Notice of public meeting. AGENCY: In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management’s (BLM) Steens Mountain Advisory Council (SMAC) will meet as follows. DATES: The SMAC will hold an inperson meeting on Thursday, February 23, 2023, from 10:30 a.m. to 4 p.m. at the BLM Burns District Office at 28910 Highway 20 West in Hines, Oregon. Virtual attendance through the Zoom for Government platform will also be available. SUMMARY: The final meeting agenda and Zoom link will be published on the SMAC web page at least 10 days in advance at https://on.doi.gov/2PnZRcl. FOR FURTHER INFORMATION CONTACT: Tara Thissell, Public Affairs Specialist, BLM Burns District Office, 28910 Highway 20 West, Hines, Oregon 97738; telephone: (541) 573–4519; email: tthissell@ blm.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make ADDRESSES: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: The SMAC was established August 14, 2001, pursuant to the Steens Mountain Cooperative Management and Protection Act of 2000 (Pub. L. 106–399). The SMAC provides recommendations to the BLM regarding new and unique approaches to management of the public lands within the bounds of the Steens Mountain Cooperative Management and Protection Area, recommends cooperative programs and incentives for landscape management that meet human needs, and advises the BLM on potential maintenance and improvement of the ecological and economic integrity of the area. Agenda items for the February 23, 2023, meeting include: recreation and wildland fire 2022 program reviews, information sharing from the Designated Federal Official and Andrews/Steens Field Manager, an update and discussion on the Bridge Creek Area Allotment Management Plan Environmental Impact Statement, and an opportunity for SMAC members to share information from their constituents or present research. Any other matters that may reasonably come before the SMAC may also be included. A public comment period will be available at 3 p.m. Depending on the number of people wishing to comment and the time available, the amount of time for oral comments may be limited. Written public comments may be sent to the BLM Burns District Office listed in the FOR FURTHER INFORMATION CONTACT section of this notice. All comments received at least 1 week prior to the meeting will be provided to the SMAC prior to the meeting. The meeting may end early if all business items are accomplished ahead of schedule or may be extended if discussions warrant more time. All meetings, including virtual sessions, are open to the public in their entirety. Please make requests in advance for sign language interpreter services, assistive listening devices, or other reasonable accommodations. We ask that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice at least 7 business days prior to the meeting to give the Department of the Interior sufficient time to process your request. All reasonable accommodation requests are managed on a case-by-case basis. Public Disclosure of Comments: Before including your address, phone number, email address, or other personal identifying information in your comments, please be aware that your E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7451-7452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02286]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 23-01]


Determination That Maintenance of Finding of January 28, 2022, 
Pertaining to 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, Is No Longer 
Necessary

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Determination that merchandise is no longer subject to 19 
U.S.C. 1307.

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

SUMMARY: On January 28, 2022, U.S. Customs and Border Protection (CBP), 
with the approval of the Secretary of the Department of Homeland 
Security, issued a Finding 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, were being 
produced with the use of forced labor, and were being, or were likely 
to be, imported into the United States. CBP has now determined, based 
upon additional information, that such merchandise is no longer being 
produced with the use of forced labor in violation of section 307 of 
the Tariff Act of 1930, as amended.

DATES: This determination applies to any merchandise described in this 
notice that is imported on or after February 3, 2023.

FOR FURTHER INFORMATION CONTACT: Jason Leffler, Assistant Director, 
Forced Labor Division, Trade Remedy Law Enforcement Directorate, Office 
of Trade, (202) 325-1601 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/and indentured labor or 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 
(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 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 
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 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 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

[[Page 7452]]

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 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 determined 
that there was sufficient information to support a
    Finding that the Sime Darby Plantation, its joint ventures, and 
subsidiaries were 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 also produce such palm oil and 
derivatives, and that such palm oil and derivative products produced by 
the company were likely being imported into the United States. Pursuant 
to 19 CFR 12.42(f), CBP issued a Finding (CBP Dec. 22-02) to that 
effect in the Federal Register on January 28, 2022 (87 FR 4635).\2\
---------------------------------------------------------------------------

    \2\ The Finding was also published in the Customs Bulletin and 
Decisions (Vol. 56, No. 6, p. 4) on February 16, 2022.
---------------------------------------------------------------------------

    Since that time, the Sime Darby Plantation has provided additional 
information to CBP, which CBP believes establishes by satisfactory 
evidence that the subject palm oil and derivative products are no 
longer mined, produced, or manufactured in any part with forced labor. 
19 CFR 12.42(g).

II. Determination

    Pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(g), it is hereby 
determined that the articles described below are no longer being mined, 
produced, or manufactured wholly or in part with the use of convict, 
forced, or indentured labor by the Sime Darby Plantation, its 
subsidiaries, and joint ventures.
    The subject articles are palm oil and derivative products 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 1207.10.0000, 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 the Sime Darby 
Plantation, its subsidiaries, and joint ventures.

    Dated: January 31, 2023.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2023-02286 Filed 2-2-23; 8:45 am]
BILLING CODE 9111-14-P
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