[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[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 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