Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 50725 

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). 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. 

2The Finding was also published in the Customs 

Bulletin and Decisions (Vol. 55, No. 14, p. 13) on 

April 14, 2021. 

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. 

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 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 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. 

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

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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2676–21; DHS Docket No. USCIS– 

2019–0020] 

RIN 1615–ZB83 

Continuation of Documentation for 

Beneficiaries of Temporary Protected 

Status Designations for El Salvador, 

Haiti, Nicaragua, Sudan, Honduras, 

and Nepal 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 


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