Notice2024-27686
Notice of Finding That Aluminum Extrusions and Profile Products and Derivatives Produced or Manufactured Wholly or in Part by Kingtom Aluminio S.R.L. With the Use of Convict, Forced or Indentured Labor Are Being, or Are Likely To Be, Imported Into the United States
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
December 4, 2024
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 aluminum extrusions and profile products and derivatives produced or manufactured wholly or in part by Kingtom Aluminio S.R.L. with the use of convict, forced or indentured labor, are being, or are likely to be, imported into the United States.
Full Text
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<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96265-96266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27686]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 24-17]
Notice of Finding That Aluminum Extrusions and Profile Products
and Derivatives Produced or Manufactured Wholly or in Part by Kingtom
Aluminio S.R.L. With the Use of Convict, Forced or Indentured Labor Are
Being, or Are Likely To Be, Imported Into the United States
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 aluminum extrusions and profile products
and derivatives produced or manufactured wholly or in part by Kingtom
Aluminio S.R.L. 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 December 4, 2024. It also
applies to any merchandise described in Section II of this Notice that
has already been imported and has not been released from CBP custody
before December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Brian M. Hoxie, Director, Forced Labor
Division, Trade Remedy Law Enforcement Directorate, Office of Trade,
(202) 841-3081 or <a href="/cdn-cgi/l/email-protection#51373e233234353d30333e23113233217f3539227f363e27"><span class="__cf_email__" data-cfemail="70161f021315141c11121f02301312005e1418035e171f06">[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.
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 of the Code of Federal Regulations (CFR) (19
CFR 12.42-12.45). Among other things, these regulations allow any
person outside of CBP to communicate a 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 of CBP finds that the information available
``reasonably but not conclusively'' demonstrates that such 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 order
port directors to seize and withhold the 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 he 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 of CBP 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 Homeland Security, 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 (May 23, 2003).
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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Through its investigation, CBP has determined that there is
sufficient information to support a Finding that Kingtom Aluminio
S.R.L. is using convict, forced, or indentured labor in a factory in
the Dominican Republic to produce or manufacture in whole or in part
aluminum extrusions and profile products and derivatives, and that such
products are being, or are likely to be, 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 section II.B. of this
Notice, that are produced or manufactured in whole or in part with the
use of convict, forced, or indentured labor by Kingtom Aluminio S.R.L.,
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 or manufactured in any part with the use of prohibited labor
specified in this Finding. 19 CFR 12.42(g).
[[Page 96266]]
B. Articles and Entities Covered by This Finding
This Finding covers aluminum extrusions and profile products and
derivatives produced or manufactured wholly or in part with aluminum
and articles thereof classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7604.21.0010, 7604.29.1010,
7604.29.3060, 7604.29.5050, 7604.29.5090, 7608.20.0090, 7610.90.0080
and any other relevant subheadings under Chapter 76, which are produced
or manufactured wholly or in part by Kingtom Aluminio S.R.L. The
Secretary of Homeland Security has reviewed and approved this Finding.
Rose M. Brophy,
Acting Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2024-27686 Filed 12-3-24; 8:45 am]
BILLING CODE 9111-14-P
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