Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 4635 

1Although 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. 

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. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[CBP Dec. 22–02] 

Notice of Finding That Certain Palm Oil 

and Derivative Products Made Wholly 

or In Part With Palm Oil Produced by 

the Malaysian Company Sime Darby 

Plantation Berhad Its Subsidiaries, and 

Joint Ventures, With the Use of 

Convict, Forced or Indentured Labor 

Are Being, or Are Likely To Be, 

Imported Into the United States in 

Violation of 19 U.S.C. 1307 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: General notice of forced labor 

finding. 

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 palm oil and 

derivative products made wholly or in 

part with palm oil produced by Sime 

Darby Plantation Berhad, its 

subsidiaries, and joint ventures 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 

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 Kabak Shefferman, Chief, 

Investigations Branch, Forced Labor 

Division, Trade Remedy Law 

Enforcement Directorate, Office of 

Trade, (202) 506–5663 or forcedlabor@

cbp.dhs.gov. 

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 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, 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 such a 

withhold release order, the covered 


jspears on DSK121TN23PROD with NOTICES1
4636 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices 

1Although 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. 

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. 

On December 16, 2020, CBP issued a 

withhold release order (made effective 

on December 30, 2020) on ‘‘palm oil,’’ 

including all crude palm oil and palm 

kernel oil and derivative products, made 

wholly or in part with palm oil traceable 

to Sime Darby Plantation Berhad (‘‘Sime 

Darby Plantation’’), with reasonable 

evidence demonstrating that the Sime 

Darby Plantation, including its 

subsidiaries and joint ventures, 

primarily located in Malaysia, harvested 

the fruit and produced the palm oil 

using forced labor. Through its 

investigation, CBP has determined that 

there is sufficient information to 

support a Finding that Sime Darby 

Plantation and its subsidiaries are using 

forced labor on Sime Darby’s 

plantations in Malaysia to harvest fresh 

fruit bunches, which are used to extract 

palm oil and produce derivative 

products, and that such palm oil and 

derivative products produced by the 

company are 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 manufactured or 

produced in whole or in part with the 

use of convict, forced, or indentured 

labor by Sime Darby Plantation and its 

subsidiaries 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 palm oil and 

derivative products made wholly or in 

part with palm oil classified under 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings 

12.07.10.0000, 1511.10.0000, 

1511.90.0000, 1513.21.0000, 

1513.29.0000, 1517, 3401.11, 

3401.20.0000, 3401.19.0000, 

3823.12.0000, 3823.19.2000, 

3823.70.6000, 3823.70.4000, 3824.99.41 

and any other relevant subheadings 

under Chapters 12, 15, 23, 29 and 38, 

which are produced or manufactured 

wholly or in part by Sime Darby 

Plantation, its subsidiaries and joint 

ventures. 

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. 2022–01779 Filed 1–27–22; 8:45 am] 

BILLING CODE 9111–14–P 

INTER-AMERICAN FOUNDATION 

Sunshine Act Meetings 

TIME AND DATE: February 3, 2022, 2:00 

p.m.–3:30 p.m. ET. 

PLACE: Via tele-conference. 

STATUS: Meeting of the IAF Board of 

Directors, open to the public, portion 

closed to the public. 

MATTERS TO BE CONSIDERED: 

D Call to Order from the Board Chair 

D Welcome from the Interim President/ 

CEO and Board Chair 

D Candidate Review process for CEO 

Recruitment 

D Adjournment 

Portion To Be Closed to the Public 

D Executive session closed to the public 

as provided for by 22 CFR 1004.4(b). 

CONTACT PERSON FOR MORE INFORMATION: 

Aswathi Zachariah, General Counsel, 

(202) 683–7118. 

For Dial-in Information Contact: 

Denetra McPherson, Paralegal, (202) 

699–3054. 

The Inter-American Foundation is 

holding this meeting under the 

Government in the Sunshine Act, 5 

U.S.C. 552(b). 

Aswathi Zachariah, 

General Counsel. 

[FR Doc. 2022–01945 Filed 1–26–22; 4:15 pm] 

BILLING CODE 7025–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

Indian Entities Recognized by and 

Eligible To Receive Services From the 

United States Bureau of Indian Affairs 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

current list of 574 Tribal entities 

recognized by and eligible for funding 

and services from the Bureau of Indian 

Affairs (BIA) by virtue of their status as 

Indian Tribes. 

DATES: The list is updated from the 

notice published on January 29, 2021 

(86 FR 7554) and from the notice 

published of corrections (Tribal name 

changes) on April 9, 2021 (86 FR 

18552). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Laurel Iron Cloud, Bureau of Indian 

Affairs, Office of Indian Services, 

Division of Tribal Government Services, 

Mail Stop 3645–MIB, 1849 C Street NW, 

Washington, DC 20240. Telephone 

number: (202) 513–7641. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to Section 

104 of the Act of November 2, 1994 

(Pub. L. 103–454; 108 Stat. 4791, 4792), 

in accordance with Section 83.6(a) of 

part 83 of title 25 of the Code of Federal 

Regulations, and in exercise of authority 

delegated to the Assistant Secretary— 

Indian Affairs under 25 U.S.C. 2 and 9 

and 209 DM 8. Published below is an 

updated list of federally recognized 


jspears on DSK121TN23PROD with NOTICES1