Notice2022-01778
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4634-4635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 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
<a href="/cdn-cgi/l/email-protection#076168756462636b666568754764657729636f7429606871"><span class="__cf_email__" data-cfemail="43252c312026272f22212c31032021336d272b306d242c35">[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 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.
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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). 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.
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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
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