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28 December 2007
[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Notices]
[Page 73374-73379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de07-92]
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DEPARTMENT OF LABOR
Office of the Secretary
Notice of Procedural Guidelines for the Development and
Maintenance of the List of Goods From Countries Produced by Child Labor
or Forced Labor; Request for Information
AGENCY: Bureau of International Labor Affairs, Department of Labor.
ACTION: Notice of procedural guidelines for the development and
maintenance of a list of goods from countries produced by child labor
or forced labor in violation of international standards; Request for
information.
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SUMMARY: This notice sets forth final procedural guidelines
(``Guidelines'') for the development and maintenance of a list of goods
from countries that the Bureau of International Labor Affairs
(``ILAB'') has reason to believe are produced by child labor or forced
labor in violation of international standards (``List''). The
Guidelines establish the process for public submission of information,
and the evaluation and reporting process to be used by the U.S.
Department of Labor's (``DOL'') Office of Child Labor, Forced Labor,
and Human Trafficking (``Office'') in maintaining and updating the
List. DOL is required to develop and make available to the public the
List pursuant to the Trafficking Victims Protection Reauthorization Act
of 2005. This notice also requests information on the use of child
labor and/or forced labor in the production of goods internationally,
as well as information on government, industry, or third-party actions
and initiatives to address these problems. This information will be
used by DOL as appropriate in developing the initial List.
DATES: This document is effective immediately upon publication of this
notice. Information submitted in response to this notice must be
received by the Office no later than March 26, 2008. Information
received after that date may not be taken into consideration in
developing DOL's initial List, but such information will be considered
by the Office as the List is maintained and updated in the future.
TO SUBMIT INFORMATION, OR FOR FURTHER INFORMATION, CONTACT: Director,
Office of Child Labor, Forced Labor, and Human Trafficking, Bureau of
International Labor Affairs, U.S. Department of Labor at (202) 693-4843
(this is not a toll-free number). Information may be submitted by the
following methods:
Facsimile (fax): ILAB/Office of Child Labor, Forced Labor,
and Human Trafficking at 202-693-4830.
Mail, Express Delivery, Hand Delivery, and Messenger
Service: Charita Castro or Rachel Rigby at U.S. Department of Labor,
ILAB/Office of Child Labor, Forced Labor, and Human Trafficking, 200
Constitution Ave., NW., Room S-5317, Washington, DC 20210.
E-mail: ilab-tvpra@dol.gov.
SUPPLEMENTARY INFORMATION: Section 105(b)(1) of the Trafficking Victims
Protection Reauthorization Act of 2005 (``TVPRA of 2005''), Public Law
109-164 (2006), directed the Secretary of Labor, acting through the
Bureau of International Labor Affairs, to ``carry out additional
activities to monitor and combat forced labor and child labor in
foreign countries.'' Section 105(b)(2) of the TVPRA, 22 U.S.C.
7112(b)(2), listed these activities as:
(A) Monitor the use of forced labor and child labor in violation of
international standards;
(B) Provide information regarding trafficking in persons for the
purpose of forced labor to the Office to Monitor and Combat Trafficking
of the Department of State for inclusion in [the] trafficking in
persons report required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b));
(C) Develop and make available to the public a list of goods from
countries that the Bureau of International Labor Affairs has reason to
believe are produced by forced labor or child labor in violation of
international standards;
(D) Work with persons who are involved in the production of goods
on the list described in subparagraph (C) to create a standard set of
practices that will reduce the likelihood that such persons will
produce goods using the labor described in such subparagraph; and
(E) Consult with other departments and agencies of the United
States Government to reduce forced and child labor internationally and
ensure that products made by forced labor and child labor in violation
of international standards are not imported into the United States.
The Office carries out the DOL mandates in the TVPRA. These
Guidelines provide the framework for ILAB's implementation of the TVPRA
mandate, and establish procedures for the submission and review of
information and the process for developing and maintaining the List. In
addition to the Office's efforts under the TVPRA, the Office conducts
and publishes research on child labor and forced labor worldwide. The
Office consults such sources as DOL's Findings on the Worst Forms of
Child Labor; the Department of State's annual Country Reports on Human
Rights Practices and Trafficking in Persons Reports; reports by
governmental, non-governmental, and international organizations; and
reports by academic and research institutions and other sources.
In addition to reviewing information submitted by the public in
response to this Notice, the Office will also conduct a public hearing
to gather information to assist in the development of the List. The
Office will evaluate all information received according to the
processes outlined in these Guidelines. Goods that meet the criteria
outlined in these Guidelines will be placed on an initial List,
published in the Federal Register and on the DOL Web site. DOL intends
to maintain and update the List over time, through its own research,
interagency consultations, and additional public submissions of
information. Procedures for the ongoing maintenance of the List, and
key terms used in these Guidelines, are described in detail below.
[[Page 73375]]
Public Comments
On October 1, 2007, ILAB published a Federal Register notice of
proposed procedural guidelines, requesting public comments on the
proposed guidelines (72 FR 55808 (Oct. 1, 2007)). The notice provided a
30-day period for submitting written comments, which closed on Oct. 31,
2007. Written comments were received from nine parties. Several of the
comments strongly supported the Department's efforts to combat child
labor and forced labor. All of the comments were given careful
consideration and where appropriate, changes were made to the
Guidelines. The comments and any revisions to the proposed Guidelines
are explained in detail below.
A. Comments Concerning the Office's Evaluation of Information
Several commenters questioned the Department's decision to consider
information up to seven years old. One commenter asserted that even
one-year-old information should be considered too dated to be relevant.
The Department appreciates the importance of using up-to-date
information. It is also the Office's experience that the use of child
labor and forced labor in a country or in the production of a
particular good typically persists for several years, particularly when
no meaningful action is taken to combat it. Information about such
activities is often actively concealed. Information that is several
years old therefore can provide useful context for more current
information. The Office will consider the date of all available
information, and, as stated in the proposed Guidelines, ``more current
information will generally be given priority.''
One commenter questioned how the Office would treat information on
government efforts to combat the use of child labor and forced labor,
stating that where a government undertakes voluntary efforts to
regulate the production of goods and/or prosecutes incidents of child
labor or forced labor, such government initiatives should not result in
designating a particular good on the List. In response, the Office
affirms the important role of government law enforcement, as well as
other government, private sector, and third-party voluntary actions and
initiatives to combat child labor and forced labor such as company and
industry codes of conduct. However, the Office notes that some
voluntary actions, as with some enforcement actions, are more effective
than others. For example, some prosecutions may result in minimal or
suspended sentences for the responsible parties, and some voluntary
actions by government, industry, or third parties, may be ineffective
in combating the violative labor practices at issue. Accordingly, in
determining whether to include a good and country on the List, the
Office will consider particularly relevant and probative any available
evidence of government, industry, and third-party actions and
initiatives that are effective in significantly reducing if not
eliminating child labor and forced labor.
Two commenters questioned why the Office would not consider
confidential information in a submission, with one commenter stating
that a submitter should have the option of providing information
containing confidential information to the Office while also providing
a redacted version for public release. In response, the Office has
clarified its handling of submissions containing confidential,
personal, or classified information. In the interest of maintaining a
transparent process, the Office will not accept classified information
in developing the List. The Office may request that any such
information brought to its attention be declassified. The Office will
accept submissions containing confidential or personal information, but
pursuant to applicable laws and regulations may redact such submissions
before making them publicly available.
B. Comments Concerning the List of Goods and Countries
Several commenters questioned why the List includes raw materials
and/or components directly produced using child labor and forced labor,
but not final goods made in part (indirectly produced) with such
materials or components. Another commenter suggested that any final
good produced indirectly with child labor or forced labor at any point
in its production chain should be placed on the List, and that the List
should specify where in the production chain the child labor or forced
labor occurred. While the Office appreciates the importance of tracking
raw materials or components produced in violation of international
child labor or forced labor standards through the production chain, the
difficulty of accurately conducting such tracking places it beyond the
scope of these Guidelines. Ideally, the Office would have access to
public information that would permit the comprehensive tracking of raw
materials and component parts in the global supply chain, but the
Office is unaware of any such publicly available information. Moreover,
the Office is aware that many goods used as raw materials or components
in the production of other goods may be sourced from multiple locations
within a country or even from several different countries.
Consequently, it would likely be extremely difficult to develop
reliable information on the final destination or use of every good
produced with child labor or forced labor. Inasmuch as the primary
purpose of the List is to promote efforts at the country level to
combat child labor and forced labor, that purpose is best served by
identifying goods directly produced with child labor and forced labor.
The Office observes that nothing in these Guidelines would prevent a
member of the public from tracking the final destination or use of any
good on the List.
Several commenters requested that the List name individual
companies using child labor or forced labor, with two commenters
suggesting that this practice would protect entities that do not use
child labor or forced labor in their supply chains, or that might
otherwise unknowingly trade in such goods. One commenter suggested
that, in addition to listing goods and countries, the Office name
industries using such goods. Another commenter suggested that the
Office distinguish among individual factories within a country on the
List, to ensure that goods not produced with child labor or forced
labor are not subject to the same treatment as goods that are so
produced. Another commenter suggested that the Department hold
individual violators publicly accountable.
The TVPRA mandated a List of goods and countries, not company or
industry names. It would be immensely difficult for the Office to
attempt to track the identity of every company and industry using a
good produced with child labor or forced labor. In addition, it is the
Office's experience that child labor and forced labor frequently occur
in small local enterprises, for which company names, if they are
available, have little relevance. The Office is also aware that it is
often a simple matter to change or conceal the name of a company.
Consequently, the Office has concluded that seeking to track and name
individual companies would be of limited value to the primary purpose
of the List, which is to promote ameliorative efforts at the country
level. Moreover, holding individual violators accountable would exceed
the mandate of the TVPRA of 2005. However, the TVPRA of 2005 requires
that the Department work with persons who are involved in the
production of goods on the List to create a standard set of
[[Page 73376]]
practices to reduce the likelihood that such persons will produce goods
using such labor. The Department intends to work with such persons once
the initial List is developed.
C. Comments Concerning the Development and Maintenance of the List
One commenter suggested that the List be updated at regular
intervals, and at least annually. Another commenter noted that the
proposed Guidelines do not set a limit on how long a good may remain on
the List, or a time period within which DOL must review the designation
of a particular good. The Office anticipates that the addition,
maintenance, or removal of an item on the List will be driven largely
by the availability of accurate information. The Office will conduct
its own research on goods produced with child labor and forced labor,
and anticipates that additional information used to develop and
maintain the List will be provided by the public. Consequently, the
Office considers it a more efficient use of resources to re-examine
goods on the List as pertinent information becomes available, rather
than adhering to a fixed review schedule.
One commenter suggested that the Office provide a fixed time period
within which it will decide whether to accept a submission of
information. The Office has revised section B.3 of the Guidelines to
remove the possibility that a submission of information will not be
accepted. All submissions of information (with the exception of those
containing classified information) will be accepted and evaluated for
their relevance and probative value.
One commenter suggested that the Guidelines provide that the Office
make a final determination whether to place a good on the List within a
specific timeframe, such as within 120 days of receiving the
submission. Although the Office intends to expedite its evaluation of
any information submitted in response to this notice, it cannot
guarantee that the Office's evaluation of a particular submission will
be completed within a set timeframe. Some submissions may require
further investigation by the Office, and other submissions may result
in responsive submissions by other parties. Setting a fixed deadline
may result in the inclusion or exclusion of a good on the List without
the most comprehensive review possible.
One commenter suggested that before an entry is removed from the
List, the Office should publish a notice in the Federal Register
announcing its intention to consider removal of the entry and giving
interested parties an opportunity to comment. The Office does not
intend to provide advance notice before an item is added to or removed
from the List; however, if information is submitted that tends to
support a change to the List, that information will be publicly
available on the Office's Web site and will provide notice to the
public that the status of a particular good is under review. Moreover,
the Office retains the discretion to request additional information
from time to time concerning a particular good; such a request will
also provide notice to the public that the status of a good is under
active consideration.
One commenter suggested that the Office ensure that any information
indicating a possible violation of U.S. law is referred to an
appropriate law enforcement agency. The Department has well-established
procedures for the referral of information indicating a possible
violation of U.S. laws to appropriate law enforcement agencies, and
these procedures will be followed throughout the development and
maintenance of the List.
D. Comments Concerning Definitions and Terms
Two commenters were concerned about the definitions of child labor
and forced labor in the proposed Guidelines, questioning why they did
not expressly reference International Labor Organization (ILO)
conventions addressing child labor and forced labor. The commenters
questioned why there were apparent differences between the definitions
of terms in the proposed Guidelines and the corresponding definitions
in the relevant ILO conventions. The Office has carefully considered
these comments. Consequently, the definitions used in the final
Guidelines have been revised to clarify that the Office will apply
international standards.
Four commenters questioned the use of the terms ``significant
incidence'' and ``isolated incident'' in the proposed Guidelines. One
commenter raised an apparent inconsistency between the terms
``significant,'' ``prevalent,'' and ``pattern of practice,'' in the
proposed Guidelines' description of the amount of evidence that would
weigh in favor of a finding that a particular good is produced in
violation of international standards. Another commenter stated that the
terms ``significant'' and ``prevalent'' provide inadequate guidance,
because they do not address the percentage of workplaces in a country
producing a particular good in violation of international standards, or
whether a good produced in one location represents a large or small
share of a country's total exports of the good. One commenter
recommended that the terms ``significant'' and ``prevalent'' be
replaced with ``recurring.'' Another commenter recommended that a more
precise guideline be developed with respect to how much child labor or
forced labor warrants the placement of a good on the List. One final
commenter on this issue suggested that a good be removed from the List
only if the use of child labor or forced labor is ``insignificant,''
stating that that term is more precise than the terms used in the
proposed Guidelines.
It is neither possible nor useful to precisely quantify the amount
or percentage of child labor or forced labor that will be considered
``significant,'' since what is considered ``significant'' will vary
with a number of other factors. For that reason, the Guidelines provide
that a ``significant incidence'' of child labor or forced labor
occurring in the production of a particular good is only one among
several factors that would be weighed before a good is added to, or
removed from, the List. Other factors include whether the situation
described meets the definitions of child labor or forced labor; the
probative value of the evidence submitted; the date and source(s) of
the information; and the extent to which the information is
corroborated. The Guidelines also make clear that the Office will
consider any available evidence of government, industry, and third-
party actions and initiatives that are effective in significantly
reducing if not eliminating child labor and forced labor. However, in
response to these comments, the Office has decided to clarify the
nature of the information sought by deleting the use of the term
``prevalent.'' The Office will also change the phrase, ``pattern of
practice,'' to ``pattern or practice.'' The suggested terms
``recurring'' or ``insignificant'' provide no additional precision.
Two commenters requested that the goods on the List be identified
as specifically as possible, to avoid confusion with similar goods that
have not been produced using child labor or forced labor in violation
of international standards. Some commenters suggested that the List use
product codes developed for the Harmonized Tariff Schedule (HTS),
reasoning that the use of such codes would both provide more
specificity and improve interagency consultation. The Office intends to
identify all goods on the List as specifically as possible, depending
on available information. However, parties submitting information on a
particular
[[Page 73377]]
good may not have the necessary expertise to properly utilize the
product codes developed for the HTS.
Another commenter suggested that the Office specifically include
agricultural commodities in the definition of ``goods.'' The Office
considers that the term ``goods'' includes agricultural products and
the definition of ``produced'' in the Guidelines expressly covers goods
that are harvested or farmed.
Final Procedural Guidelines
A. Sources of Information and Factors Considered in the Development and
Maintenance of the List
The Office will make use of all relevant information, whether
gathered through research, public submissions of information, a public
hearing, interagency consultations, or other means, in developing the
List. In the interest of maintaining a transparent process, the Office
will not accept classified information in developing the List. The
Office may request that any such information brought to its attention
be declassified. If submissions contain confidential or personal
information, the Office may redact such information in accordance with
applicable laws and regulations before making the submission available
to the public.
In evaluating information, the Office will consider and weigh
several factors, including:
1. Nature of information. Whether the information about child labor
or forced labor gathered from research, public submissions, hearing
testimony, or other sources is relevant and probative, and meets the
definitions of child labor or forced labor.
2. Date of information. Whether the information about child labor
or forced labor in the production of the good(s) is no more than 7
years old at the time of receipt. More current information will
generally be given priority, and information older than 7 years will
generally not be considered.
3. Source of information. Whether the information, either from
primary or secondary sources, is from a source whose methodology, prior
publications, degree of familiarity and experience with international
labor standards, and/or reputation for accuracy and objectivity,
warrants a determination that it is relevant and probative.
4. Extent of corroboration. The extent to which the information
about the use of child labor or forced labor in the production of a
good(s) is corroborated by other sources.
5. Significant incidence of child labor or forced labor. Whether
the information about the use of child labor or forced labor in the
production of a good(s) warrants a determination that the incidence of
such practices is significant in the country in question. Information
that relates only to a single company or facility; or that indicates an
isolated incident of child labor or forced labor, will ordinarily not
weigh in favor of a finding that a good is produced in violation of
international standards. Information that demonstrates a significant
incidence of child labor or forced labor in the production of a
particular good(s), although not necessarily representing a pattern or
practice in the industry as a whole, will ordinarily weigh in favor of
a finding that a good is produced in violation of international
standards.
In determining which goods and countries are to be placed on the
List, the Office will, as appropriate, take into consideration the
stages in the chain of a good's production. Whether a good is placed on
the List may depend on which stage of production used child labor or
forced labor. For example, if child labor or forced labor was only used
in the extraction, harvesting, assembly, or production of raw materials
or component articles, and these materials or articles are subsequently
used under non-violative conditions in the manufacture or processing of
a final good, only the raw materials/component articles and the
country/ies where they were extracted, harvested, assembled, or
produced, as appropriate, may be placed on the List. If child labor or
forced labor was used in both the production or extraction of raw
materials/component articles and the manufacture or processing of a
final good, then both the raw materials/component articles and the
final good, and the country/ies in which such labor was used, may be
placed on the List. This is to ensure a direct correspondence between
the goods and countries which appear on the List, and the use of child
labor or forced labor.
Information on government, industry, or third-party actions and
initiatives to combat child labor or forced labor will be taken into
consideration, although they are not necessarily sufficient in and of
themselves to prevent a good and country from being listed. In
evaluating such information, the Office will consider particularly
relevant and probative any evidence of government, industry, and third-
party actions and initiatives that are effective in significantly
reducing if not eliminating child labor and forced labor.
Goods and countries (``entries'') that meet the criteria outlined
in these procedural Guidelines will be placed on an initial List, to be
published in the Federal Register and on the DOL Web site. This initial
List will continue to be updated as additional information becomes
available. Before publication of the initial List or subsequent
versions of the List, the Office will inform the relevant foreign
governments of their presence on the List and request their responses.
The Office will review these responses and make a determination as to
their relevance. The List, along with a listing of the sources used to
identify the goods and countries on it, will be published in the
Federal Register and on the DOL Web site. The List will represent DOL's
conclusions based on all relevant information available at the time of
publication.
For each entry, the List will indicate whether the good is made
using child labor, forced labor, or both. As the List continues to be
maintained and updated, the List will also indicate the date when each
entry was included. The List will not include any company or individual
names. DOL's postings on its website of source material used in
identifying goods and countries on the List will be redacted to remove
company or individual names, and other confidential material, pursuant
to applicable laws and regulations.
B. Procedures for the Maintenance of the List
1. Following publication of the initial List, the Office will
periodically review and update the List, as appropriate. The Office
conducts ongoing research and monitoring of child labor and forced
labor, and if relevant information is obtained through such research,
the Office may add an entry to, or remove an entry from the List using
the process described in section A of the Guidelines. The Office may
also update the List on the basis of public information submissions, as
detailed below.
2. Any party may at any time file an information submission with
the Office regarding the addition or removal of an entry from the List.
Submitters should take note of the criteria and instructions in the
``Information Requested on Child Labor and Forced Labor'' section of
this notice, as well as the criteria listed in Section A of the
Guidelines.
3. The Office will review any submission of information to
determine whether it provides relevant and probative information.
4. The Office may consider a submission less reliable if it
determines that: the submission does not clearly indicate the source(s)
of the information presented; the submission does not identify the
party filing the submission
[[Page 73378]]
or is not signed and dated; the submission does not provide relevant or
probative information; or, the information is not within the scope of
the TVPRA and/or does not address child labor or forced labor as
defined herein. All submissions received will be made available to the
public on the DOL Web site, consistent with applicable laws or
regulations.
5. In evaluating a submission, the Office will conduct further
examination of available information relating to the good and country,
as necessary, to assist the Office in making a determination concerning
the addition or removal of the good from the List. The Office will
undertake consultations with relevant U.S. government agencies and
foreign governments, and may hold a public hearing for the purpose of
receiving relevant information from interested persons.
6. In order for an entry to be removed from the List, any person
filing information regarding the entry must provide information that
demonstrates that there is no significant incidence of child labor or
forced labor in the production of the particular good in the country in
question. In evaluating information on government, industry, or third-
party actions and initiatives to combat child labor or forced labor,
the Office will consider particularly relevant and probative any
available evidence of government, industry, and third-party actions
that are effective in significantly reducing if not eliminating child
labor and forced labor.
7. Where the Office has made a determination concerning the
addition, maintenance, or removal of the entry from the List, and where
otherwise appropriate, the Office will publish an updated List in the
Federal Register and on the DOL Web site.
C. Key Terms Used in the Guidelines
``Child Labor''--``Child labor'' under international standards
means all work performed by a person below the age of 15. It also
includes all work performed by a person below the age of 18 in the
following practices: (A) All forms of slavery or practices similar to
slavery, such as the sale or trafficking of children, debt bondage and
serfdom, or forced or compulsory labor, including forced or compulsory
recruitment of children for use in armed conflict; (B) the use,
procuring, or offering of a child for prostitution, for the production
of pornography or for pornographic purposes; (C) the use, procuring, or
offering of a child for illicit activities in particular for the
production and trafficking of drugs; and (D) work which, by its nature
or the circumstances in which it is carried out, is likely to harm the
health, safety, or morals of children. The work referred to in
subparagraph (D) is determined by the laws, regulations, or competent
authority of the country involved, after consultation with the
organizations of employers and workers concerned, and taking into
consideration relevant international standards. This definition will
not apply to work specifically authorized by national laws, including
work done by children in schools for general, vocational or technical
education or in other training institutions, where such work is carried
out in accordance with international standards under conditions
prescribed by the competent authority, and does not prejudice
children's attendance in school or their capacity to benefit from the
instruction received.
``Countries''--``Countries'' means any foreign country or
territory, including any overseas dependent territory or possession of
a foreign country, or the Trust Territory of the Pacific Islands.
``Forced Labor''--``Forced labor'' under international standards
means 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 indentured labor.
``Forced labor'' includes work provided or obtained by force, fraud, or
coercion, including: (1) By threats of serious harm to, or physical
restraint against any person; (2) by means of any scheme, plan, or
pattern intended to cause the person to believe that, if the person did
not perform such labor or services, that person or another person would
suffer serious harm or physical restraint; or (3) by means of the abuse
or threatened abuse of law or the legal process. For purposes of this
definition, forced labor does not include work specifically authorized
by national laws where such work is carried out in accordance with
conditions prescribed by the competent authority, including: any work
or service required by compulsory military service laws for work of a
purely military character; work or service which forms part of the
normal civic obligations of the citizens of a fully self-governing
country; work or service exacted from any person as a consequence of a
conviction in a court of law, provided that the said work or service is
carried out under the supervision and control of a public authority and
that the said person is not hired to or placed at the disposal of
private individuals, companies or associations; work or service
required in cases of emergency, such as in the event of war or of a
calamity or threatened calamity, fire, flood, famine, earthquake,
violent epidemic or epizootic diseases, invasion by animal, insect or
vegetable pests, and in general any circumstance that would endanger
the existence or the well-being of the whole or part of the population;
and minor communal services of a kind which, being performed by the
members of the community in the direct interest of the said community,
can therefore be considered as normal civic obligations incumbent upon
the members of the community, provided that the members of the
community or their direct representatives have the right to be
consulted in regard to the need for such services.
``Goods''--``Goods'' means goods, wares, articles, materials,
items, supplies, and merchandise.
``Indentured Labor''--``Indentured labor'' means all labor
undertaken pursuant to a contract entered into by an employee the
enforcement of which can be accompanied by process or penalties.
``International Standards''--``International standards'' means
generally accepted international standards relating to forced labor and
child labor, such as international conventions and treaties. These
Guidelines employ definitions of ``child labor'' and ``forced labor''
derived from international standards.
``Produced''--``Produced'' means mined, extracted, harvested,
farmed, produced, created, and manufactured.
Information Requested on Child Labor and Forced Labor
DOL requests current information about the nature and extent of
child labor and forced labor in the production of goods
internationally, as well as information on government, industry, or
third-party actions and initiatives to address these problems.
Information submitted may include studies, reports, statistics, news
articles, electronic media, or other sources. Submitters should take
into consideration the ``Sources of Information and Factors Considered
in the Development and Maintenance of the List'' (Section A of the
Procedural Guidelines), as well as the definitions of child labor and
forced labor contained in section C of the Guidelines.
Information tending to establish the presence or absence of a
significant incidence of child labor or forced labor in the production
of a particular good in a country will be considered the most relevant
and probative. Governments that have ratified International Labor
Organization (``ILO'') Convention 138 (Minimum Age), Convention 182
(Worst Forms of Child Labor), Convention 29
[[Page 73379]]
(Forced Labor) and/or Convention 105 (Abolition of Forced Labor) may
wish to submit relevant copies of their responses to any Observations
or Direct Requests by the ILO's Committee of Experts on the Application
of Conventions and Recommendations.
Where applicable, information submissions should indicate their
source or sources, and copies of the source material should be
provided. If primary sources are utilized, such as research studies,
interviews, direct observations, or other sources of quantitative or
qualitative data, details on the research or data-gathering methodology
should be provided.
Information should be submitted to the addresses and within the
time period set forth above. Submissions made via fax, mail, express
delivery, hand delivery, or messenger service should clearly identify
the person filing the submission and should be signed and dated.
Submissions made via mail, express delivery, hand delivery, or
messenger service should include an original and three copies of all
materials and attachments. If possible, submitters should also provide
copies of such materials and attachments on a computer disc. Note that
security-related screening may result in significant delays in
receiving comments and other written materials by regular mail.
Classified information will not be accepted. The Office may request
that classified information brought to its attention be declassified.
Submissions containing confidential or personal information may be
redacted by the Office before being made available to the public, in
accordance with applicable laws and regulations. All submissions will
be made available to the public on the DOL Web site, as appropriate.
The Office will not respond directly to submissions or return any
submissions to the submitter, but the Office may communicate with the
submitter regarding any matters relating to the submission.
Announcement of Public Hearing
DOL intends to hold a public hearing in 2008 to gather further
information to assist in the development of the List. DOL expects to
issue a Federal Register Notice announcing the hearing at least 30 days
prior to the hearing date. The scope of the hearing will focus on the
collection of information on child labor and forced labor in the
production of goods internationally, and information on government,
industry, or third-party actions and initiatives to combat child labor
and forced labor. Information tending to demonstrate the presence or
absence of a significant incidence of child labor or forced labor in
the production of a particular good in a country will be considered the
most relevant and probative.
Signed at Washington, DC, this 20th day of December, 2007.
Charlotte M. Ponticelli,
Deputy Undersecretary for International Affairs.
[FR Doc. E7-25036 Filed 12-26-07; 8:45 am]
BILLING CODE 4510-28-P