SYNOPSIS OF SAMPLE CASES UNDER 19 U.S.C. 1307

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00363R001202660022-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: October 5, 2007
• Sequence Number: 22
• Publication Date: September 1, 1983
• Content Type: REPORT

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Synopsis of Sample Cases Under 19 U.S.C. 1307
Crabmeat from the Soviet Union--1950-1961
This case appears to be the one most similar to the current situation.
:A complaint was received from six Congressmen. The finding.was based
primarily upon summary information provided by the Central Intelligence
Agency. A copy of the memo to file prepared by and
dated June 9, 1950, is attached for your reference. The background brief-
ing memo to the Secretary of the Treasury indicates that the finding was
based primarily on this C.I.A. information. It also reflects, that based
upon discussions with the Department of State, it was decided to obtain
some information which would be available for use in Court should the find-
ing be challenged. Since the Korean War precluded the obtaining of such
affidavits through normal channels, a small contingent of Customs officers
went to Japan and interviewed some ex-prisoners. Affidavits were obtained
from the ex-prisoners indicating that forced labor had been used to can the-
subject crabmeat. This finding was revoked in 1961 based upon assurances
from the State Department that the crabmeat was no longer produced with
convict or forced labor. A copy of the background memo regarding the
revocation is attached for your information.
Cameras from East Germany--1962-1963
In our view, this case illustrates well the political nature, or
application, of the provisions in question. A memo to file dated
October 11, 1962, reflects rather bluntly that the administration consider-
ed this provision to "be a weapon to be used in the Berlin conflict if
necessary." This memo also reflects that the background facts were not
very specific but recognized that they were the best facts that we could
possibly obtain given the circumstances. Approximately one year later, in
June of 1963, the Commissioner determined not to issue a finding based upon
the conclusion that "the affidavits furnished do not show that any of the
deponents thereof had any first hand knowledge that the particular prison
made goods with which they had been associated were exported to the United
States."
Cameras from Japan--1965
This case appears to reflect the strongest evidence where the
Commissioner did' not issue a preliminary determination. The file reflects
very specific information that the merchandise in question was produced by
convict labor and that indeed some of that merchandise had been actually
exported to the United States. The Commissioner determined not to issue a
detention order based upon the conclusion that the investigation failed to
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disclose positive evidence of the use.,Qf convict labor for goods imported
into the United States "subsequent?to'fts apparent use during 1965."
Rugs from Pakistan--1972
This case appears to represent the situation where the Commissioner
issued a detention order on the basis of the flimsiest evidence. The
merchandise in question was described as flat, hand woven mats of waste
.cotton yarns of poor quality and design, lacking in appeal. Based upon the
mere allegation that these rugs were woven by convicts in prisons in
Pakistan, a detention order was issued. Subsequent investigation resulted
in the revocation of the initial determination.
,Coconut Shells from Grenada-1973
This appears to be the strangest case which we have located. It
appears. that no actual notices were published. and that the detention was
done simply on letters to the importer. Eventually the goods were
released.
Coal from South Africa--1974
The file reflects that the issue concerning South African mining laws
and labor practices was held in abeyance pending a determination of the
question of whether "low sulfur coal" was a separate class or commodity of
goods from coal generally. The Commissioner declined to issue a detention
notice,based upon the decision that low sulfur coal did indeed constitute a
separate class or commodity of merchandise that was not being produced in
sufficient quantity in the United States.
Mini Tanks (Toy Tanks) from Austria-1963
This case represents a situation where very detailed allegations were
made concerning specific merchandise manufactured at a specific prison
facility. The investigation confirmed the allegations and further found
that as of. October 2, 1963, the practice had ceased. Accordingly, a
finding was issued to prohibit the importation of the subject merchandise
exported to the United States prior to October 2, 1963.
Candy filled Toys from East Germany--1958
This case concerned allegations that East Germany was using prisoners
to fill toys with candy. After investigation and extensive internal
debate, the Commissioner concluded that the mere filling of the toys with
candy did not constitute a manufacture or a production and, therefore,
neither a detention order nor a finding was issued.
Petroleum Products from Romania-1959
Pursuant to allegations of the use of "convict labor" in oil imported
from Romania, the American legation in Romania was asked to investigate the
STAT
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matter. Their response was that convict labor was used in the, production
of almost everything in Romania. However, the Treasury Department decided
not to pursue this case because oil was no longer being imported into the
United States from Romania.
Hams from Poland-1956
The allegation by the Department of Agriculture was that Polish
farmers were required to meet a production quota and that failure to meet
the quota was the basis for the imposition of fines or jail sentences.
.Although Treasury accepted the proposition that such a practice would be
covered by f 1307, it found evidence of such a practice to be insufficient
for making a finding to prohibit importation of the hams. The file also
contains some discussion of whether Polish hams were comparable to American
hams for purposes of determining sufficient domestic production.
Dolls from Hungary--1964
The allegation was mere speculation that low invoice prices were due
to convict labor. Field officers were instructed to pursue a 4 1592
investigation instead.
Artificial Flowers from East Germany--1957-1959
The allegation was based on a newspaper article. The Department of
Treasury declined to issue a finding in the absence of "eye witnesses,"
although the file does contain declarations from former prisoners regarding
the use of convict-labor in making the artificial flowers for export.
Furniture from Mexico--1971
A note in the file indicates that on the basis of a preliminary
investigation, detention or "constructive seizure" was ordered. At the
conclusion of the investigation, a finding was not issued on assurances of
no future convict labor shipments. Goods already under detention or
"constructive seizure" were exported.
Iron Ore from Algeria-1931 and 1935
Detailed investigation showed that convict labor was used in mining
the iron ore imported into the United States. No finding was issued on the
basis of assurances that the iron ore shipped to the United States would
not involve convict labor. It was discovered in 1935 that "convict labor"
iron ore was being imported. Field ordered to detain and report any
shipments to Headquarters. No indication in file as to ultimate action.
In addition to the above 14 cases, we have located files on
approximately 50-60 more cases which we felt did not merit individual
synopsis. Some of the cases were closed because they involved one-time
shipments or because the allegations were totally unsubstantiated. Many of
the cases did result in investigations, but no findings were issued on the
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stated, if it was found that the work was done voluntarily, on a prisoner's
own time, for compensation and with no pecuniary interest to the states
(although deductions for room and board were frequently allowed), then
there was no convict labor.
1956 memorandum discussing the determinative factors is attached. Briefly
the there was no convict labor. A copy of
basis that convict labor, as intended. by the statute, were not involved.
Often the merchandise was clearly produced by prisoners, but according to
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