Notice2021-19535
Determination That Maintenance of Finding of March 29, 2021, Pertaining to Certain Disposable Gloves Produced in Malaysia, Is No Longer Necessary
Primary source
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Published
September 10, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
On March 29, 2021, U.S. Customs and Border Protection (CBP), with the approval of the Secretary of Homeland Security, issued a Finding that certain disposable gloves, were mined, produced, or manufactured in Malaysia by Top Glove Corporation Bhd with the use of convict, forced, or indentured 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, or is likely to be, imported into the United States in violation of section 307 of the Tariff Act of 1930, as amended.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19535]
[[Page 50725]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 21-13]
Determination That Maintenance of Finding of March 29, 2021,
Pertaining to Certain Disposable Gloves Produced in Malaysia, 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.
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SUMMARY: On March 29, 2021, U.S. Customs and Border Protection (CBP),
with the approval of the Secretary of Homeland Security, issued a
Finding that certain disposable gloves, were mined, produced, or
manufactured in Malaysia by Top Glove Corporation Bhd with the use of
convict, forced, or indentured 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, or is
likely to be, imported into the United States 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 September 10, 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
<a href="/cdn-cgi/l/email-protection#9ff9f0edfcfafbf3fefdf0eddffcfdefb1fbf7ecb1f8f0e9"><span class="__cf_email__" data-cfemail="62040d100107060e03000d10220100124c060a114c050d14">[email protected]</span></a>.
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 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 ``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 (Top Glove). Through its
investigation, CBP determined that there was sufficient information to
support a Finding that Top Glove was manufacturing disposable gloves
with forced labor and that such merchandise was likely being imported
into the United States. Pursuant to 19 CFR 12.42(f), CBP issued a
Finding to that effect in the Federal Register on March 29, 2021 (86 FR
16380).\2\
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\2\ The Finding was also published in the Customs Bulletin and
Decisions (Vol. 55, No. 14, p. 13) on April 14, 2021.
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Since that time, Top Glove has provided additional information to
CBP, which CBP believes establishes by satisfactory evidence that the
subject disposable gloves 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 Top Glove in Malaysia.
The subject articles are 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 by Top Glove in Malaysia.
Dated: September 3, 2021.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2021-19535 Filed 9-9-21; 8:45 am]
BILLING CODE 9111-14-P
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