1 Kunal Bose, "German Anger Over Indian Child Labour — The Protest Over Use of Young People in the
TeaIndustry," Financial Times , April 19, 1994.
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2 Sage Group, U. S. Tea is "Hot" Report (Seattle, 1996) 12 [hereinafter Tea is Hot].
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3 Id. at 20- 22.
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4 International Child Labor Hearing, U. S. Department of Labor (April 18, 1997) (Written statement of the TeaAssociation of the U. S. A., Inc.) [hereinafter Tea Association statement]; see also Tea is Hot at 22.
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5 Tea is Hot at 21.
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6 Industry and Trade Summary: Coffee and Tea, USITC Publication 2762, U. S. International Trade
Commission(April, 1994) 4 [hereinafter ITC].
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7 Frederick Clairmonte and John
Cavanagh, Merchants of Drink (Penang, Malaysia: Third World Network, 1988)36- 38.
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8 Roger
Verschoor, To Pluck and Be Plucked: Investigation into fair trade in tea (Amsterdam: Fair Trade Organisation,1996) 6 [hereinafter To Pluck].
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9 Paola
Fortucci, "Developments and Challenges in the World Tea Economy," Tea and Coffee Trade Journal , vol.168, no. 9 (September 1996) 20 [hereinafter
Fortucci].
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10 Tea is Hot at 20.
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11 Joseph P.
Simrany, "The Market for Specialty Tea in the United States," (Tea Association of the USA, Inc., 1995)1 [hereinafter
Simrany].
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12 Despite this increase in sales, tea imports decreased significantly in 1995 as inventories were drawn down fromthe previous year. In 1994, imports rose by over 9 percent from the previous year due to exaggerated forecasts ofheavy increases in demand for ready- to- drink products. See also Fortucci at 22. Figure V- 1 shows United Statestea imports from 1989 through 1996.
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13 Tea is Hot at 19; Simrany at 2.
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14 Tea Association of the U. S. A., Inc., Tea Fact Sheet , undated [on file].
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15 Id.
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16 Greg W. Prince, "New Field of Dreams," Beverage World , vol. 114, no. 1587 (March 1995) 68.
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17 ITC at 1. See also Sarah Fleming
McLester, "Tea Grown in the U. S.," Tea and Coffee Trade Journal , vol. 169, no.6 (June 1997) 72.
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18 ITC at 16.
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19 Id. at 1. In 1994, the U. S. was the world's fourth largest importer of tea, after the United Kingdom, Pakistan,
andJapan. See United Nations Trade Series D.
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20 ITC at 20.
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21 Imports for Consumption (Washington, DC: U. S. Department of Commerce, 1997).
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22 Id.
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23 Id.
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24 ITC at 17.
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25 Id.
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26 Id.
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27 These large companies also source tea through outside importers and brokers to ensure sufficient inventory.
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28 Tea is Hot at 9.
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29 Harvesting may also be mechanized, however, as is the case in Argentina and often in Brazil. See ITC at 4.
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30 ITC at 4.
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31 To Pluck at 3.
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32 ITC at 4.
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33 Tea Association of the U. S. A., Inc., Tea Has Many Grades (1995)[ on file].
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34 To Pluck at 3- 4. In India, for example, women constitute more than half the labor force on tea plantations. SeeSharit K.
Bhowmik, Virginius Xaxa, and M. A. Kalam, Tea Plantation Labour in India (New Delhi: Friedrich
EbertStiftung, 1996) 8 [hereinafter Bhowmik].
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35 Hossea
Rwegoshora, Hazardous Child Labour in Tanzania: A Case Study of Selected Worksites in the
Agricul-tural, Mining, and Informal Sectors (Dar Es Salaam: National Social
Welfare Training Institute, 1995) [prepared forMinistry of Labour and Youth Development] 2- 3, 4, 11, and 14 [hereinafter
Rwegoshora]. See also Iolanda Huzakand Jo Azevedo, Crianças de Fibra (Brasilia: International Labor Organization, 1994) 37, 45 [hereinafter Criançasde
Fibra].
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36 U. S. Department of Labor officials did not visit any tea plantations while on their visit to China. However, theDOL officials toured a tea bag producing facility and met with officials of two different provincial tea import andexport marketing corporations.
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37 Bhowmik at 8- 10.
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38 Seminar on Elimination of Child Labour in the Tea Plantations in North East India (Assam: Institute
forPlantation, Agricultural, and Rural Workers, 1995) 7.
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39 Vasanthi Raman, Child Labour in the Tea Plantations of North East India (UNICEF and Government of India,Ministry of Labour and Social Welfare, 1992) 10 [hereinafter Raman].
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40 Raman at 11. See Child Labour Prohibition and Regulation Act of 1986, Part IV, Clause 24.
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41 Raman, Tables 1 and 2. According to this source, 66,691 children were employed on a temporary or casualbasis and 29,846 were permanent workers. Assam is the largest tea producing state in India. Some of theseworkers may actually have been adolescents classified as children by estate owners so that they could pay themlower wages. See Virginius
Xaxa, "Conditions of Tea Estate Labourers in Assam," in Tea Plantation Labour inIndia (New Delhi: Friedrich Ebert
Stiftung, 1996) 20- 21.
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42 Raman, Tables 4 and 5.
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43 Letter from the Secretary General of the Consultative Committee of Plantation Associations to the Chairman ofthe Tea Board of India, July 25, 1994 [on file]. The Consultative Committee of Plantation Association, among
otherfunctions, promotes agricultural exports and negotiates wages on behalf of employers.
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44 Employment of Child Labour , Indian Tea Association Circular no. 86 (August 9, 1994). See also DarjeelingPlanters Association Circular no. 37 on Employment of Child Labour (September 4, 1995).
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45 Interview with Mr. D. Chakrabarti of the Indian Tea Association by U. S. Department of Labor official (June 4,1997).
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46 Child Labour in Nepal, Volume II: An Overview and Proposed Plan of Action
(Kathmandu: International LaborOrganization, 1995) 8.
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47 Child Labour in the Tea Estates of Nepal
(Kathmandu: Child Workers in Nepal Concerned Center, 1991) 2.
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48 Id. at 4. These figures are based on surveys of estate management and do not include temporary workers.
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49 Designing a National Framework of Action Against Child Labour in Nepal (Geneva: International Labor
Organi-zation, 1996) 3. The Labor Act of 1992 prohibits employment of minors under 14 in enterprises, includingcommercial tea estates, and regulates the work hours of "minors" between the ages of 14 and 18. The Children'sAct of 1992 prohibits the employment of children under 14 in any type of work.
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50 "Seminar on the Study on Child Labour in Tea Estates of Nepal Concludes," GEFONT's News , no. 19 (January1997) 2- 3.
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51 Criancas de Fibra at 34.
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52 Interview with Josefa Vilha dos Santos, Sao Paulo State Bureau of Employment and Labor Relations and LuciliaVillanova
Tremura, Federal Ministry of Labor, by U. S. Department of Labor official (June 11, 1997).
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53 Interviews with José
Villar, Association Agrovale; Valter Kotona, Union of Rural Producers; Ulisses Nobrega,Union of Bank Workers; and six other local union members and tea workers, by U. S. Department of Labor official(June 20, 1997).
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54 Interview with Luis Gustavo Ferreira, Secretariat of Agriculture for the State of Sao Paulo, by U. S. Departmentof Labor official (June 19, 1997).
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55 Interviews with José
Villar, Association Agrovale; Valter Kotona, Union of Rural Producers; Ulisses Nobrega,Union of Bank Workers; and six other local union members and tea workers, by U. S. Department of Labor official(June 20, 1997).
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56 Interview with officials of Kenyan Tea Development Authority, by U. S. Department of Labor official (June 30,1997). Many Kenyan smallholders produce tea on plots as small as 0.3 hectare (.74 acre).
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57 Interviews with P. J.
Kiayua, Deputy Secretary, Ministry of Labour and Manpower Development; H. A. Onyoo,Director of Occupational Safety and Health Administration; H. F. Nyambu
Mwadime, Labour Commissioner; Janet Mucheru, Program Manager, Child Labour Unit; and Mary
Mbeo, National Project Coordinator, ILO/ IPEC, by U. S.Department of Labor official (June 19, 1997).
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58 Interview with Kenyan Tea Development Authority, by U. S. Department of Labor official (June 30, 1997).
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59 American Embassy- Dar Es Salaam, unclassified telegram no. 3321, May 27, 1997. Interviews in Dar Es Salaamwith Anastasia
Mmuni, Agricultural Administration and Personnel; David S. Mboggo, Principal Labour Officer;Phillipina K.
Mosha, Project Coordinator for the Tanzania Plantation and Agricultural Workers Union; and P.
B.Kiiza, Tanzania Tea Authority, by U. S. Department of Labor official (June 22, 1997).
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60 Rwegoshora at 9 and 11. These findings were based on interviews with working children on 4 tea estates in theRugwe and Mufindi districts of Tanzania.
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61 Id. at 9.
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62 Interviews with P. B.
Kiiza, Tanzania Tea Authority and William Mallya and staff, Tanzania Program Coordinator,International Labor Organization, by U. S. Department of Labor official (June 22, 1997). See also Rwegoshora at 8-9.
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63 The Situation of Child Labour in Tanzania: A Case Study of Some Selected Agricultural and Plantations Sectorand TFTU's Position (Dar Es Salaam: Tanzania Federation of Trade
Unions, 1995) 1.
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64 Labour Force Survey: A Study on Plantation Labour (Colombo: Lanka Jathika Estate Worker's Union and AsianAmerican Free Labour Institute, 1996) 26.
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65 American Embassy- Jakarta, unclassified telegram no. 3256, June 3, 1997.
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66 Country Reports on Human Rights Practices for 1996 (Washington, DC: U. S. Department of State, February1997) 74.
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67 Id. at 48.
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68 American Embassy- Kampala, unclassified telegram no. 3114, June 4, 1997
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69 American Embassy- Harare, unclassified telegram no. 4604, June 4, 1997.
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70 European Fair Trade Association, Fair Trade Yearbook 1995
(Maastricht: 1995) 10- 11 [hereinafter Fair TradeYearbook 1995].
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71 Fair Trade in Europe: Facts and figures on the fair trade sector in 14 European countries
(Maastricht: EuropeanFair Trade Association, 1995) 5 [hereinafter Fair Trade in Europe].
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72 Fair Trade Yearbook 1995 at 12.
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73 See International Child Labor Hearing, U. S. Department of Labor (April 18,1997) (Written statement of
MartinKunz, TRANSFAIR International) 2 [hereinafter Statement of Martin Kunz].
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74 Statement of Martin Kunz at 1.
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75 Fair Trade Yearbook 1995 at 12.
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76 Statement of Martin Kunz at 1.
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77 Statement of Martin Kunz at 3- 4.
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78 Stichting Max
Havelaar, "Fair Trade Marking: A market oriented approach to development cooperation," in package of materials provided by Max Havelaar to the U. S. Department of Labor on January 31, 1997 [on file].
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79 Fair Trade Yearbook 1995 at 11.
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80 Martin Kunz, "TRANSFAIR International: The Best Deal for Both Worlds," Tea International , vol. 4, issue 1,number 14 (January/February 1996) 37 [hereinafter Kunz]. See also Statement of Martin Kunz.
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81 See TRANSFAIR International Tea Criteria of the International Tea Producer Register (December, 1996) 3
[here-inafter Tea Criteria]. There is no child labor provision in the criteria for coffee, cocoa, or honey. This is becausea high percentage of the cultivation of these products is done by small- scale producers as opposed to plantations,and the fair trade labeling organizations only source from these small producers.
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82 "Tea Statistics 1995/ 1996" submitted by TRANSFAIR International to U. S. Department of Labor
(mimeograph)[on file].
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83 International Child Labor Hearing, U. S. Department of Labor (April 18, 1997) (Written statement of
MarkRitchie, Chairman of the Board, TRANSFAIR USA). As of August 20, 1997,
TRANSFAIR USA had hired a coordinatorand identified a tea importer interested in becoming a licensee. Telephone interview with Mark Ritchie, Chairmanof the Board, TRANSFAIR USA, by U.S. Department of Labor official (August 20, 1997).
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84 Statement of Martin Kunz at 5.
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85 Appendix 6 of Tea License Contract, provided by TRANSFAIR International to the U. S. Department of Labor
[onfile].
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86 TRANSFAIR Standard
(TRANSFAIR International, May, 1997) 1 [hereinafter TRANSFAIR Standard]. See alsoStatement of Martin Kunz at 1 and 2.
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87 TRANSFAIR International, "The Tea- Monitoring System of the International Tea Producer Register," undated[hereinafter The Tea- Monitoring System] [on file].
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88 Statement of Martin Kunz at 4.
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89 See Tea Criteria.
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90 Producer Agreement supplied by TRANSFAIR International to the U. S. Department of Labor (January 1997)
[onfile]. An updated list of members of the Joint Body must be submitted annually.
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91 Kunz at 35 and 37. Inclusion on the register as an approved source is not a guarantee of sales, which are drivenby market demand. The author states that his organization has refrained from actively recruiting additional
pro-ducers since it hopes to keep a balance between the number of suppliers and the opportunities for sales under afair trade label: "Only if further consumer markets start to use Fair Trade labeling of tea will it make sense toexpand the register much beyond its present size."
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92 Report on the Activities of TRANSFAIR International during 1995
(TRANSFAIR International, 1996) 6 [hereinafterActivities of TRANSFAIR]. Consultants are chosen by the staff persons responsible for the Tea Register.
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93 Kunz at 36.
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94 See Statement of Martin Kunz at 3- 4; The Tea- Monitoring System.
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95 Producer Agreement supplied by TRANSFAIR International to the U. S. Department of Labor (January 1997)
[onfile].
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96 Interview with Simone
Axman, tea monitoring consultant, by U. S. Department of Labor official (June 24, 1997).
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97 According to a TRANSFAIR International official, child labor is generally not a significant problem in the export-oriented, plantation- based portion of the tea industry. The same official stated that there are probably more casesof child labor than those two found, perhaps among casual labor in peak plucking seasons. See Statement ofMartin Kunz at 5.
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98 As noted in Section B of this chapter, this is not in violation of Indian law, as long as hours of work are 27 hoursor less per week and do not include night hours, and a "certificate of fitness" is obtained from a certified
physi-cian.
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99 See Statement of Martin Kunz at 5. According to Mr. Kunz, the child at issue had already turned 14 by the timethe arrangement was worked out, but the same terms would be applied should the need arise again in the future.
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100 See Statement of Martin Kunz at 5.
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101 Activities of TRANSFAIR at 7.
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102 Kunz at 35.
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103 Kunz at 38.
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104 Interview with Simone
Axman, tea monitoring consultant, by U. S. Department of Labor official (June 24,1997).
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105 Interview with Raja
Menon, tea monitoring consultant, by U. S. Department of Labor official (June 8, 1997).
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106 Interview with P. K.
Ganguly, Manager, Pussimbing Tea Estates, Darjeeling, India, by U. S. Department of Laborofficial (June 5, 1997).
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107 Electronic correspondence from Martin Kunz, Transfair International, to U. S. Department of Labor (August 13,1997) [on file].
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108 According to Martin Kunz, this apparent decline was due to importer inventory building during the first yearlabeled tea was available. In Germany, tea sales increased during the same period, from 208 tons in 1995 to 234tons in 1996. Id.
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109 Activities of TRANSFAIR at 15.
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110 Electronic correspondence from Martin Kunz, Transfair International, to U. S. Department of Labor (August 13,1997) [on file].
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111 Statement of Martin Kunz.
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112 Kunz at 34.
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113 Fair Trade in Europe at 25.
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114 Fair Trade Organizations are non- profit organizations that, unlike the labeling initiatives, sell fair trade
prod-ucts themselves. Among the products they sell are goods carrying the fair trade labels.
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115 Fair Trade Yearbook 1995 at 30.
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116 Most large food retailers sell branded tea products as well as their own private label tea. The companiessurveyed were chosen from publicly available information on market share and sales in the tea industry andinterviews with several industry experts. Importers/ packers were chosen from published articles on market shareand sales in the tea bag and ready- to- drink tea markets. The food retailers surveyed include the three largest, based on 1996 public annual sales data obtained from Kurt Salmon Associates. See "Tea Bag Market," AdvertisingAge (November 22, 1993); Eric
Sfiligoj, "Skylight Turns Cloudy," Beverage World (March 1997); "Tea Sales
byCategory," Beverage World (March 1995); and Kurt Salmon Associates, Financial Profile for Fiscal Year 1995 (July1996).
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117 Guangdong Lipton Foods Company, a producer of tea bags in Guangzhou, China, also provided DOL officialswith a copy of Unilever code of conduct.
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118 Interview with A.
Lahiri, Director of Human Resources, Corporate Affairs, and Technology, Hindustan
Lever,India, by U. S. Department of Labor official (June 12, 1997).
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119 Tea Association statement.
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