80 FR 57198 - Notice of Issuance of Final Determination Concerning Solar Modules
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 80, Issue 183 (September 22, 2015)
U.S. Customs and Border Protection
Federal Register Volume 80, Issue 183 (September 22, 2015)
| Page Range | 57198-57200 | |
| FR Document | 2015-24082 |
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)] [Notices] [Pages 57198-57200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24082] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning Solar Modules AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of final determination. ----------------------------------------------------------------------- SUMMARY: This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain solar modules manufactured by Hanwha USA. Based upon the facts presented, CBP has concluded that the country of origin of the solar modules is Malaysia when Malaysian solar cells are used or Korea when Korean solar cells are used for purposes of U.S. Government procurement. DATES: The final determination was issued on September 16, 2015. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within October 22, 2015. FOR FURTHER INFORMATION CONTACT: Ross Cunningham, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-0034. SUPPLEMENTARY INFORMATION: Notice is hereby given that on September 16, 2015 pursuant to subpart B of part 177, U.S. Customs and Border Protection Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of certain solar modules manufactured by Hanwha USA, which may be offered to the U.S. Government under an undesignated government procurement contract. This final determination, HQ H261693, was issued under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP concluded that the processing in Poland or Korea does not result in a substantial transformation. Therefore, the country of origin of the solar modules is Malaysia or Korea, where the solar cells are produced, for purposes of U.S. Government procurement. Section 177.29, CBP Regulations (19 CFR 177.29), provides that a notice of final determination shall be published in the Federal Register within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the Federal Register. [[Page 57199]] Dated: September 16, 2015. Harold Singer, Acting Executive Director, Regulations and Rulings, Office of International Trade. Attachment HQ H261693 September 16, 2015 OT:RR:CTF:VS H261693 RMC CATEGORY: Country of Origin Chip Purcell Cooley LLP 1299 Pennsylvania Ave. NW Suite 700 Washington, DC 20004-2400 Re: U.S. Government Procurement; Country of Origin of Solar Modules; Substantial Transformation Dear Mr. Purcell: This is in response to your letter dated January 12, 2015, requesting a final determination on behalf of Hanwha USA pursuant to Subpart B of part 177 of the U.S. Customs and Border Protection (``CBP'') Regulations (19 CFR part 177). Under these regulations, which implement Title III of the Trade Agreements Act of 1979 (``TAA''), as amended (19 U.S.C. 2511 et seq.), CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain ``Buy American'' restrictions in U.S. law or for products offered for sale to the U.S. Government. This final determination concerns the country of origin of certain solar modules. As a U.S. importer, Hanwha USA is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled to request this final determination. FACTS: Hanwha USA acts as the U.S. wholesaler and distributor of solar modules manufactured by Hanwha GmbH in Korea and Poland. The solar modules convert sunlight into energy and are generally incorporated into a system that includes other components such as inverters, racking systems, cable management systems, and monitoring systems. The systems are installed at facilities in order to generate electricity. Hanwha USA provided the following information on each component that goes into a finished product. 1. Solar Cells--Product of Malaysia or Korea 2. Glass--Product of China 3. Frames--Product of China or Belgium 4. Junction Box, Cable, and Connector--Product of China or Czech Republic 5. Back Sheets--Product of China or Germany 6. EVA--Product of Korea or Japan 7. Interconnect Ribbon--Product of Korea for solar panels assembled in Korea; product of Austria or Germany for solar panels assembled in Poland. The solar cells represent slightly more than half of the cost of the finished solar modules. Hanwha states that the components are assembled into finished products either in Korea or Poland in the following nine-step process: 1. Incoming Inspection: Each component undergoes an incoming quality inspection and testing based on standard operating procedures. 2. Cell and String Soldering: Individual solar cells are soldered together using tin-coated copper ribbons to form cell strings. 3. Matrix Preparation and Bus Bar Soldering: A robot places the cell strings on glass panels and workers complete the matrix layup. 4. Lamination: After inspection and electroluminescence testing, the matrix layups are transferred into vacuum laminators. 5. Trimming and Framing: Excess material is removed from the edge of the laminate and the aluminum frame is press-fit together. 6. Junction Box Installation: The junction box is attached to the back of the solar module using silicone glue. 7. Electrical Test: Each solar module undergoes a high-potential test at 6,000 volts, and electroluminescence test to inspect for micro-cracks and other defects, a flash test to measure performance, and a grounding test. 8. Final Inspection, Sorting, and Packaging: The junction box lids are applied and the solar modules are allowed to cure, followed by a final visual inspection of all solar modules. 9. Outgoing Quality Inspection: A sample of solar modules is removed after packaging for a final quality check. Hanwha USA notes that this process takes ``less than one day'' to complete. Hanwha USA also states that it conducts research and development in Korea and Poland related to the manufacturing process and the development of methods and systems to ensure stable production. ISSUE: Whether the manufacturing process described above ``substantially transforms'' the solar-module components such that the country of origin of the finished product is either Korea or Poland for U.S. Government procurement purposes. LAW AND ANALYSIS: Pursuant to Subpart B of Part 177, 19 CFR 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), CBP issues country-of-origin advisory rulings and final determinations as to whether an article is a product of a designated country for the purpose of granting waivers of certain ``Buy American'' restrictions on U.S. Government procurement. In rendering final determinations for purposes of U.S. Government procurement, CBP applies the provisions of Subpart B of Part 177 consistent with the Federal Procurement Regulations. See 19 CFR 177.21. The rule of origin applicable in this context states that ``[a]n article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.'' 19 U.S.C. 2518(4)(B); 19 CFR 177.22(a). Here, Hanwha cannot satisfy paragraph (i) of CFR 177.22(a), so the issue is whether the solar-module components are ``substantially transformed'' in Hanwha's manufacturing processes in the Republic of Korea or Poland, as the case may be. In order to determine whether a substantial transformation occurs when components of various origins are assembled to form completed articles, CBP considers the totality of the circumstances and makes its decisions on a case-by-case basis. The country of origin of the article's components, the extent of the processing that occurs within a given country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. CBP also considers resources expended on product design and development, the extent and nature of post- assembly inspection procedures, and the worker skill required during the actual manufacturing process; however, no one factor is determinative. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940); and National Hand Tool Corp. v. United States, 989 F.2d 1201 (Fed. Cir. 1992). The Court of International Trade has applied the ``essence test'' to determine whether the identity of an article is changed through assembly or processing. For example in Uniroyal, Inc. v. United States, 3 CIT 220, 225, 542 F. Supp. 1026, 1030 (1982), aff'd 702 F.2d 1022 (Fed. Cir. 1983), the court held that imported shoe uppers added to an outer sole in the United States were the ``very essence of the finished shoe'' and thus were not substantially transformed into a product of the United States. Similarly, in National Juice Prods. Ass'n v. United States, 10 CIT 48, 61, 628 F. Supp. 978, 991 (1986), the court held that imported orange juice concentrate ``imparts the essential character'' to the completed orange juice and thus was not substantially transformed into a product of the United States. In HQ H095409, dated Sept. 29, 2010, a U.S. manufacturer produced finished panels in California. Forty three percent of the cost content of the parts originated from the United States and all research and development took place in California. Key to our finding that a substantial transformation had taken place was the manufacturing process of the solar cells themselves. This process-- which involved depositing thin films of chemicals on the inside of glass tubes--took five of the six and a half days it took to manufacture the finished solar panels. We found that turning bare glass tubes into functional solar cells in the United States constituted making a product with a new name, character, and use such that a substantial transformation had occurred. [[Page 57200]] Here, Hanwha's assembly processes fall short of those described in H095409. For one, Hanwha's assembly processes take less than a day, whereas those in H095409 took more than six. Moreover, although Hanwha conducts research and development in Korea and Poland, it is focused on the manufacturing process, not on product design and development. In the scenario where Malaysian solar cells are used, almost none of the parts in the finished panels come from either Korea or Poland, the two countries where the panels are assembled. Unlike H095409, which involved a 43% cost content of the country of assembly, here, where Malaysian solar cells are used, the cost content is at most 8.6% Korean for the panels assembled in Korea and 0% Polish for the panels assembled in Poland. Most importantly, however, the solar cells themselves are produced in Malaysia. As noted above, the complex manufacturing process of the solar cells themselves was key to our finding that a substantial transformation had occurred in H095409. Turning glass tubes into functioning solar cells resulted in a product with a new name, character, and use. Here, assembling solar cells into finished solar panels does not. Rather, we find that the solar cells impart the essential character of the solar panels. Therefore, where Malaysian solar cells are used, the country of origin for government-procurement purposes is Malaysia. Similarly, in the scenario where Korean solar cells are used, the country of origin for government-procurement purposes is Korea. HOLDING: Based on the facts of this case, the solar panels' country of origin for U.S. Government procurement is Malaysia when Malaysian solar cells are used and Korea when Korean solar cells are used. Sincerely, Harold Singer, Acting Executive Director, Regulations & Rulings Office of International Trade. [FR Doc. 2015-24082 Filed 9-21-15; 8:45 am] BILLING CODE P
![57198 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices
services for substance abuse and mental • Effectiveness—Enable all this process. SAMHSA will strive to
illness. To support this mission, the communities and providers to deliver coordinate the development of these
Agency’s overarching goals are: effective services goals with other ongoing performance
• Accountability—Establish systems to Each of these key goals complements measurement development activities.
ensure program performance SAMHSA’s legislative mandate. All of The total annual burden estimate is
measurement and accountability SAMHSA’s programs and activities are shown below:
• Capacity—Build, maintain, and geared toward the achievement of these
enhance mental health and substance goals and performance monitoring is a
abuse infrastructure and capacity collaborative and cooperative aspect of
ESTIMATES OF ANNUALIZED HOUR BURDEN
[CMHS client outcome measures for discretionary programs]
Number of Responses per Total Hours per Total hour
Type of response respondents respondent responses response burden
Client-level baseline interview ......................................... 35,845 1 35,854 0.45 16,130
Client-level 6-month reassessment interview 1 ................ 23,658 1 23,658 0.45 10,646
Client-level discharge interview 2 ..................................... 10,753 1 10,753 0.45 4,838
PBHCI- Section H Form Only Baseline ........................... 14,000 1 14,000 .08 1,120
PBHCI- Section H Form Only Follow-Up 3 ...................... 9,240 1 9,240 .08 739
PBHCI—Section H Form Only Discharge 4 ..................... 4,200 1 4,200 .08 336
HIV Continuum of Care Specific Form Baseline ............. 200 1 200 0.33 66
HIV Continuum of Care Follow-Up 5 ................................ 148 1 148 0.33 49
HIV Continuum of Care Discharge 6 ................................ 104 1 104 0.33 34
Infrastructure development, prevention, and mental
health promotion quarterly record abstraction 7 ........... 982 4.0 3928 2.0 7,856
Total .......................................................................... 36,827 .......................... 102,139 .......................... 48,814
Note: Numbers may not add to the totals due to rounding and some individual participants completing more than one form.
1 It is estimated that 66% of baseline clients will complete this interview.
2 It is estimated that 30% of baseline clients will complete this interview.
3 It is estimated that 74% of baseline clients will complete this interview.
4 It is estimated that 52% of baseline clients will complete this interview.
5 It is estimated that 52% of baseline clients will complete this interview.
6 It is estimated that 30% of baseline clients will complete this interview.
7 Grantees are required to report this information as a condition of their grant. No attrition is estimated.
Send comments to Summer King, origin of certain solar modules the U.S. Government under an
SAMHSA Reports Clearance Officer, manufactured by Hanwha USA. Based undesignated government procurement
Room 2–1057, One Choke Cherry Road, upon the facts presented, CBP has contract. This final determination, HQ
Rockville, MD 20857 or email a copy at concluded that the country of origin of H261693, was issued under procedures
summer.king@samhsa.hhs.gov. Written the solar modules is Malaysia when set forth at 19 CFR part 177, subpart B,
comments should be received by Malaysian solar cells are used or Korea which implements Title III of the Trade
November 23, 2015 when Korean solar cells are used for Agreements Act of 1979, as amended
purposes of U.S. Government (19 U.S.C. 2511–18). In the final
Summer King,
procurement. determination, CBP concluded that the
Statistician.
[FR Doc. 2015–24023 Filed 9–21–15; 8:45 am] DATES: The final determination was processing in Poland or Korea does not
BILLING CODE 4162–20–P issued on September 16, 2015. A copy result in a substantial transformation.
of the final determination is attached. Therefore, the country of origin of the
Any party-at-interest, as defined in 19 solar modules is Malaysia or Korea,
CFR 177.22(d), may seek judicial review where the solar cells are produced, for
DEPARTMENT OF HOMELAND
of this final determination within purposes of U.S. Government
SECURITY
October 22, 2015. procurement.
U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: Ross Section 177.29, CBP Regulations (19
Cunningham, Valuation and Special CFR 177.29), provides that a notice of
Notice of Issuance of Final Programs Branch, Regulations and final determination shall be published
Determination Concerning Solar Rulings, Office of International Trade in the Federal Register within 60 days
Modules (202) 325–0034. of the date the final determination is
AGENCY: U.S. Customs and Border SUPPLEMENTARY INFORMATION: Notice is issued. Section 177.30, CBP Regulations
Protection, Department of Homeland hereby given that on September 16, (19 CFR 177.30), provides that any
tkelley on DSK3SPTVN1PROD with NOTICES
Security. 2015 pursuant to subpart B of part 177, party-at-interest, as defined in 19 CFR
ACTION: Notice of final determination. U.S. Customs and Border Protection 177.22(d), may seek judicial review of a
Regulations (19 CFR part 177, subpart final determination within 30 days of
SUMMARY: This document provides B), CBP issued a final determination publication of such determination in the
notice that U.S. Customs and Border concerning the country of origin of Federal Register.
Protection (‘‘CBP’’) has issued a final certain solar modules manufactured by
determination concerning the country of Hanwha USA, which may be offered to
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![Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices 57199
Dated: September 16, 2015. Korea or Poland in the following nine-step the case of an article which consists in whole
Harold Singer, process: or in part of materials from another country
1. Incoming Inspection: Each component or instrumentality, it has been substantially
Acting Executive Director, Regulations and
undergoes an incoming quality transformed into a new and different article
Rulings, Office of International Trade.
inspection and testing based on standard of commerce with a name, character, or use
operating procedures. distinct from that of the article or articles
Attachment from which it was so transformed.’’ 19 U.S.C.
2. Cell and String Soldering: Individual solar
HQ H261693 cells are soldered together using tin- 2518(4)(B); 19 CFR 177.22(a). Here, Hanwha
September 16, 2015 coated copper ribbons to form cell cannot satisfy paragraph (i) of CFR 177.22(a),
strings. so the issue is whether the solar-module
OT:RR:CTF:VS H261693 RMC components are ‘‘substantially transformed’’
3. Matrix Preparation and Bus Bar Soldering:
CATEGORY: Country of Origin A robot places the cell strings on glass in Hanwha’s manufacturing processes in the
Chip Purcell panels and workers complete the matrix Republic of Korea or Poland, as the case may
Cooley LLP layup. be.
1299 Pennsylvania Ave. NW 4. Lamination: After inspection and In order to determine whether a substantial
Suite 700 electroluminescence testing, the matrix transformation occurs when components of
Washington, DC 20004–2400 layups are transferred into vacuum various origins are assembled to form
Re: U.S. Government Procurement; Country laminators. completed articles, CBP considers the totality
of Origin of Solar Modules; Substantial 5. Trimming and Framing: Excess material is of the circumstances and makes its decisions
Transformation removed from the edge of the laminate on a case-by-case basis. The country of origin
and the aluminum frame is press-fit of the article’s components, the extent of the
Dear Mr. Purcell:
together. processing that occurs within a given
This is in response to your letter dated country, and whether such processing
6. Junction Box Installation: The junction box
January 12, 2015, requesting a final renders a product with a new name,
is attached to the back of the solar
determination on behalf of Hanwha USA character, and use are primary considerations
module using silicone glue.
pursuant to Subpart B of part 177 of the U.S. in such cases. CBP also considers resources
7. Electrical Test: Each solar module
Customs and Border Protection (‘‘CBP’’) expended on product design and
undergoes a high-potential test at 6,000
Regulations (19 CFR part 177). Under these development, the extent and nature of post-
volts, and electroluminescence test to
regulations, which implement Title III of the assembly inspection procedures, and the
inspect for micro-cracks and other
Trade Agreements Act of 1979 (‘‘TAA’’), as defects, a flash test to measure worker skill required during the actual
amended (19 U.S.C. 2511 et seq.), CBP issues performance, and a grounding test. manufacturing process; however, no one
country of origin advisory rulings and final 8. Final Inspection, Sorting, and Packaging: factor is determinative.
determinations as to whether an article is or The junction box lids are applied and the A substantial transformation will not result
would be a product of a designated country solar modules are allowed to cure, from a minor manufacturing or combining
or instrumentality for the purposes of followed by a final visual inspection of process that leaves the identity of the article
granting waivers of certain ‘‘Buy American’’ all solar modules. intact. See United States v. Gibson-Thomsen
restrictions in U.S. law or for products 9. Outgoing Quality Inspection: A sample of Co., 27 C.C.P.A. 267 (1940); and National
offered for sale to the U.S. Government. This solar modules is removed after packaging Hand Tool Corp. v. United States, 989 F.2d
final determination concerns the country of for a final quality check. 1201 (Fed. Cir. 1992). The Court of
origin of certain solar modules. As a U.S. International Trade has applied the ‘‘essence
Hanwha USA notes that this process takes
importer, Hanwha USA is a party-at-interest test’’ to determine whether the identity of an
‘‘less than one day’’ to complete. Hanwha
within the meaning of 19 CFR 177.22(d)(1) article is changed through assembly or
USA also states that it conducts research and
and is entitled to request this final processing. For example in Uniroyal, Inc. v.
development in Korea and Poland related to
determination. United States, 3 CIT 220, 225, 542 F. Supp.
the manufacturing process and the
FACTS: development of methods and systems to 1026, 1030 (1982), aff’d 702 F.2d 1022 (Fed.
ensure stable production. Cir. 1983), the court held that imported shoe
Hanwha USA acts as the U.S. wholesaler uppers added to an outer sole in the United
and distributor of solar modules ISSUE: States were the ‘‘very essence of the finished
manufactured by Hanwha GmbH in Korea shoe’’ and thus were not substantially
Whether the manufacturing process
and Poland. The solar modules convert transformed into a product of the United
described above ‘‘substantially transforms’’
sunlight into energy and are generally States. Similarly, in National Juice Prods.
the solar-module components such that the
incorporated into a system that includes Ass’n v. United States, 10 CIT 48, 61, 628 F.
country of origin of the finished product is
other components such as inverters, racking Supp. 978, 991 (1986), the court held that
either Korea or Poland for U.S. Government
systems, cable management systems, and imported orange juice concentrate ‘‘imparts
procurement purposes.
monitoring systems. The systems are the essential character’’ to the completed
installed at facilities in order to generate LAW AND ANALYSIS: orange juice and thus was not substantially
electricity. Pursuant to Subpart B of Part 177, 19 CFR transformed into a product of the United
Hanwha USA provided the following 177.21 et seq., which implements Title III of States.
information on each component that goes the Trade Agreements Act of 1979, as In HQ H095409, dated Sept. 29, 2010, a
into a finished product. amended (19 U.S.C. 2511 et seq.), CBP issues U.S. manufacturer produced finished panels
1. Solar Cells—Product of Malaysia or Korea country-of-origin advisory rulings and final in California. Forty three percent of the cost
2. Glass—Product of China determinations as to whether an article is a content of the parts originated from the
3. Frames—Product of China or Belgium product of a designated country for the United States and all research and
4. Junction Box, Cable, and Connector— purpose of granting waivers of certain ‘‘Buy development took place in California. Key to
Product of China or Czech Republic American’’ restrictions on U.S. Government our finding that a substantial transformation
5. Back Sheets—Product of China or procurement. had taken place was the manufacturing
Germany In rendering final determinations for process of the solar cells themselves. This
6. EVA—Product of Korea or Japan purposes of U.S. Government procurement, process—which involved depositing thin
7. Interconnect Ribbon—Product of Korea for CBP applies the provisions of Subpart B of films of chemicals on the inside of glass
tkelley on DSK3SPTVN1PROD with NOTICES
solar panels assembled in Korea; product Part 177 consistent with the Federal tubes—took five of the six and a half days it
of Austria or Germany for solar panels Procurement Regulations. See 19 CFR 177.21. took to manufacture the finished solar
assembled in Poland. The rule of origin applicable in this context panels. We found that turning bare glass
The solar cells represent slightly more than states that ‘‘[a]n article is a product of a tubes into functional solar cells in the United
half of the cost of the finished solar modules. country or instrumentality only if (i) it is States constituted making a product with a
Hanwha states that the components are wholly the growth, product, or manufacture new name, character, and use such that a
assembled into finished products either in of that country or instrumentality, or (ii) in substantial transformation had occurred.
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![57200 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices
Here, Hanwha’s assembly processes fall Program will submit the following requests information regarding the
short of those described in H095409. For one, Information Collection Request to the user’s job duties, types of information
Hanwha’s assembly processes take less than Office of Management and Budget sought via the IP Gateway, access
a day, whereas those in H095409 took more
(OMB) for review and clearance in patterns, and system usability ratings.
than six. Moreover, although Hanwha
conducts research and development in Korea accordance with the Paperwork The survey information will be used to
and Poland, it is focused on the Reduction Act of 1995 (Pub. L. 104–13, evaluate program and training
manufacturing process, not on product 44 U.S.C. Chapter 35). performance as well as to gather any
design and development. DATES: Comments are encouraged and additional requirements for future IP
In the scenario where Malaysian solar cells will be accepted until November 23, Gateway system updates.
are used, almost none of the parts in the 2015. This process is conducted in
finished panels come from either Korea or OMB is particularly interested in
accordance with 5 CFR 1320.1. comments that:
Poland, the two countries where the panels
are assembled. Unlike H095409, which ADDRESSES: Written comments and 1. Evaluate whether the proposed
involved a 43% cost content of the country questions about this Information collection of information is necessary
of assembly, here, where Malaysian solar Collection Request should be forwarded for the proper performance of the
cells are used, the cost content is at most to DHS/NPPD/IP/IICD, 245 Murray Lane functions of the agency, including
8.6% Korean for the panels assembled in SW., Mail Stop 0602, Arlington, VA
Korea and 0% Polish for the panels whether the information will have
20598–0602. Emailed requests should practical utility;
assembled in Poland. Most importantly, go to Kimberly Sass, Kimberly.Sass@
however, the solar cells themselves are 2. Evaluate the accuracy of the
produced in Malaysia. As noted above, the
hq.dhs.gov. Written comments should
reach the contact person listed no later agency’s estimate of the burden of the
complex manufacturing process of the solar proposed collection of information,
cells themselves was key to our finding that than November 23, 2015. Comments
must be identified by ‘‘DHS–2014– including the validity of the
a substantial transformation had occurred in
H095409. Turning glass tubes into 0010’’and may be submitted by one of methodology and assumptions used;
functioning solar cells resulted in a product the following methods: 3. Enhance the quality, utility, and
with a new name, character, and use. Here, • Federal eRulemaking Portal: http:// clarity of the information to be
assembling solar cells into finished solar www.regulations.gov. collected; and
panels does not. Rather, we find that the • Email: Include the docket number 4. Minimize the burden of the
solar cells impart the essential character of
in the subject line of the message. collection of information on those who
the solar panels. Therefore, where Malaysian
solar cells are used, the country of origin for
Instructions: All submissions received are to respond, including through the
government-procurement purposes is must include the words ‘‘Department of use of appropriate automated,
Malaysia. Homeland Security’’ and the docket electronic, mechanical, or other
Similarly, in the scenario where Korean number for this action. Comments technological collection techniques or
solar cells are used, the country of origin for received will be posted without other forms of information technology,
government-procurement purposes is Korea. alteration at http://www.regulations.gov, e.g., permitting electronic submissions
HOLDING: including any personal information of responses.
provided.
Based on the facts of this case, the solar Analysis:
panels’ country of origin for U.S. Government SUPPLEMENTARY INFORMATION: Under the
procurement is Malaysia when Malaysian Agency: Department of Homeland
direction of Homeland Security
solar cells are used and Korea when Korean Security, National Protection and
Presidential Directive-7 (2003),
solar cells are used. Programs Directorate, Office of
Presidential Policy Directive -21, and
Sincerely, Infrastructure Protection, Infrastructure
the National Infrastructure Protection
Harold Singer, Information Collection Division,
Plan (NIPP 2013); NPPD/IP has
Acting Executive Director, Regulations & Infrastructure Protection Gateway
developed the IP Gateway, a centrally
Rulings Office of International Trade. Program.
managed repository of infrastructure
[FR Doc. 2015–24082 Filed 9–21–15; 8:45 am] Title: Infrastructure Assessments and
capabilities allowing the Critical
BILLING CODE P
Infrastructure community to work in Training.
conjunction with each other toward the OMB Number: 1670–0009.
same goals. This collection encompasses Frequency: Annually, quarterly,
DEPARTMENT OF HOMELAND
three IP Gateway functions: General monthly, and weekly.
SECURITY
User Registration, Chemical Security
Affected Public: Chief Information
[Docket No. DHS–2014–0010] Awareness Training Registration, and a
Officers, Chief Information Security
User Satisfaction Survey. Upon
Infrastructure Assessments and Officers, Chief Technology Officers, and
requesting access to the IP Gateway, the
Training federal and state, local, tribal and
multi-screen registration form requests
territorial communities involved in the
AGENCY: National Protection and the user’s full name, work address,
protection of CI.
Programs Directorate, DHS. contact information Protected Critical
Infrastructure (PCII) training status, Number of Respondents: 9000
ACTION: 60-day notice and request for
citizenship status, supervisor and respondents (estimate).
comments; Reinstatement, with change,
of a previously approved collection: sponsor information, and additional Estimated Time per Respondent: .5
1670–0009. questions related to the user’s role in hours (estimate).
using the information. Upon registering Total Burden Hours: 4,500 annual
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY: The Department of Homeland for Chemical Security Awareness burden hours (estimate).
Security (DHS), National Protection and Training, a collection form requests the
Total Burden Cost (capital/startup):
Programs Directorate (NPPD), Office of trainee’s desired username, password,
$0.
Infrastructure Protection (IP), proposed secret question & response,
Infrastructure Information Collection and company type, size, name, & Total Recordkeeping Burden: $0.
Division (IICD), Infrastructure location. For the voluntary User Total Burden Cost (operating/
Protection Gateway (IP Gateway) Satisfaction Survey, the collection form maintaining): $106,515.50 (estimate).
VerDate Sep<11>2014 17:39 Sep 21, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1](https://thefederalregister.org/doc/80_FR_57381/page/3.svg)
Document Created: 2015-12-15 09:35:45
Document Modified: 2015-12-15 09:35:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final determination. | |
| Dates | The final determination was issued on September 16, 2015. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within October 22, 2015. | |
| Contact | Ross Cunningham, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-0034. | |
| FR Citation | 80 FR 57198 |
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