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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 [www.gpo.gov]
[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 [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.
    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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