80 FR 63812 - Notice of Issuance of Final Determination Concerning Certain Billiards Tables

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range		63812-63815
FR Document		2015-26752
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain billiards tables. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the billiards tables for purposes of U.S. Government procurement.
Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63812-63815]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26752]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning Certain 
Billiards Tables

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

[[Page 63813]]

Protection (``CBP'') has issued a final determination concerning the 
country of origin of certain billiards tables. Based upon the facts 
presented, CBP has concluded in the final determination that the United 
States is the country of origin of the billiards tables for purposes of 
U.S. Government procurement.

DATES: The final determination was issued on October 15, 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 no later than November 20, 2015.

FOR FURTHER INFORMATION CONTACT: Grace A. Kim, Valuation and Special 
Programs Branch, Regulations and Rulings, Office of International Trade 
(202) 325-7941.

SUPPLEMENTARY INFORMATION: Notice is hereby given that on October 15, 
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 billiards 
tables, which may be offered to the U.S. Government under an 
undesignated government procurement contract. This final determination, 
HQ H268491, 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, based upon the facts presented, the assembly and 
installation processes performed in the United States, using imported 
components, substantially transform the imported components into 
billiards tables. Therefore, the country of origin of the billiards 
tables is the United States 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.

    Dated: October 15, 2015.
Harold M. Singer,
Acting Executive Director, Regulations and Rulings, Office of 
International Trade.

HQ H268491

October 15, 2015

OT:RR:CTF:VS H268491 GaK

CATEGORY: Origin

Jeremy Ross Page
Page Fura, P.C.
311 West Superior, Suite 306
Chicago, IL 60654

RE: U.S. Government Procurement; Country of Origin of Billiards 
Tables; Substantial Transformation
Dear Mr. Page:

    This is in response to your letter, dated August 12, 2015, 
requesting a final determination on behalf of The Brunswick 
Corporation (``Company''), 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 
practice for products offered for sale to the U.S. Government.
    This final determination concerns the country of origin of the 
Company's four billiards tables. We note that as a U.S. 
manufacturer, the Company is a party-at-interest within the meaning 
of 19 CFR 177.22(d)(1) and is entitled to request this final 
determination. Diagrams of the tables were submitted with your 
request.

FACTS:

    There are four families of billiards tables at issue: Centurion 
(``Table A''), Metro (``Table B''), Gold Crown V (``Table C''), and 
Black Wolf II (``Table D'') (collectively ``tables''). The tables 
are designed and developed in the U.S. and each table is produced in 
the U.S. from components and subassemblies sourced from various 
countries, including the U.S. Due to the size and weight of each 
table, the Company ships the individual components to the U.S. 
customers' location and assembles the tables on-site. The assembly 
and installation of the tables must be performed by certified 
Company installers who are employed and extensively trained by 
licensed U.S.-based Company dealers.
    The assembly of Table A consists of the following: 1) assembly 
of base frame and legs, 2) slate assembly, 3) attachment of billiard 
cloth to slate, 4) assembly of rail and apron, and 5) assembly of 
the gully return system \1\ (if ordered by the customer). Each 
process must be performed in sequential order, except for the gully 
return system which is interspersed throughout the process. There 
are approximately 65 steps and 72 parts, including fasteners (e.g., 
nuts, bolts, screws, and staples), wax or hard putty and glue. 
First, the table legs and stretcher are assembled and the base frame 
is constructed on top of the legs so that a balanced and leveled 
foundation is created. The next step is the installation of the 
slate, where the installers must level the base frame and shim three 
slate pieces to ensure a completely flat surface before attaching 
the slate to the base frame. After the slate pieces are attached to 
the table base, the slate joints are filled with wax or hard putty 
and lightly sanded to ensure a completely smooth surface. Once the 
slate surface is cleaned and leveled, the installers cut and glue 
strips of cloth to the slate pockets and stretch the billiard cloth 
over the slate and attach it to the slate with a contact adhesive. 
Table A uses a framed slate, which is backed with particle board 
allowing the billiard cloth to be stapled to it. The billiard cloth 
installation is said to be complex and essential to ensure that the 
table performs as designed. The cloth installation consists of 22 
steps of stretching it from different directions and attaching it to 
the slate frame. The failure to properly level the table and base 
frame, seal the slate joints, screw holes and/or attach the billiard 
cloth properly will prevent the balls from running true during play. 
After the billiard cloth is properly attached, the rails and aprons 
are installed and the bed spot \2\ is affixed to the cloth. If the 
customer ordered the gullies, they are installed at this stage. The 
assembly of Table A requires an average of 8 man hours and two 
certified installers (4 hours per installer). An additional 45 
minutes is required for leveling the table after assembly. The 
installation cost combined with the value of U.S. components, 
amounts to 43.3% of the total cost. Other components are sourced 
from Brazil, Vietnam, Indonesia, and Taiwan.\3\
---------------------------------------------------------------------------

    \1\ Ball return system.
    \2\ Bed spot is the self-adhesive sticker that indicates where 
the balls are to be racked.
    \3\ Pocket set Centurion/Century (U.S.), 8'1'' home framed 3 
piece slate set (Brazil), rails 8'H Centurion black (Vietnam), 
Centurion legs 8' black (Vietnam), Centurion leg stretcher 8' black 
(Vietnam), Centurion aprons 8' black (Vietnam), B/F 8'H Centurion PW 
(Indonesia), main hardware Centurion 2013 (Taiwan), and Centurion 
rail and apron corners (Taiwan).
---------------------------------------------------------------------------

    Table B has a different design than Table A and is higher in 
quality. The assembly of Table B is the same as Table A, except that 
step 4 involves the attachment of rail cloth, and the billiard cloth 
is also not pre-installed on the rail cushions prior to delivery. 
There are approximately 71 steps and 82 parts. After the billiard 
cloth is attached to the slate, the installers must wrap the rail 
cushions in billiard cloth. The loose billiard cloth is draped over 
each of the six rails and a wooden feather strip (same length of the 
rail) is pounded into place to affix the billiard cloth to the rail 
and excess cloth is trimmed. After the six rails are wrapped, the 
rails and apron are installed on the table and the bed spot is 
affixed. The assembly of Table B requires the same time as assembly 
of Table A, but an additional 2 hours to wrap all six rails. The 
installation cost combined with the value of U.S. components, 
amounts to 35.3% of the total cost. Other components are sourced 
from Brazil, Indonesia and Taiwan.\4\
---------------------------------------------------------------------------

    \4\ 8'1'' home framed 3 piece slate set (Brazil), rails 8'H 
Metro black (Indonesia), castings & ext Metro (Taiwan), main 
hardware Metro (Taiwan), levelers/brackets Metro (Indonesia), pkg 
bridge tri racks Metro (U.S.), aprons 8H Metro black carb PHII 
(Indonesia), leg set Metro black carb (Indonesia), Metro B/F 8'H 
carb (Indonesia), and drop pockets GCIV, GCV, Metro (U.S.).

---------------------------------------------------------------------------

[[Page 63814]]

    Table C is very similar to Table B, but due to the different 
design and materials, the assembly process is claimed to be more 
complex and costly. Specifically, the assembly of the rails and 
pocket castings requires shimming and alignment to ensure a quality 
fit. The assembly of the apron is also more complex due to Table C's 
higher fit and finish, and inclusion of corner castings and a ball 
storage box. There are approximately 77 steps and 91 parts. The 
assembly of Table C requires the same amount of time to assemble as 
Table B. The installation cost combined with the value of U.S. 
components, amounts to 28.7% of the total cost. Other components are 
sourced from Brazil, Indonesia, and Taiwan.\5\
---------------------------------------------------------------------------

    \5\ 9'1'' pro framed 3 piece slate set (Brazil); drop pockets 
GCIV, GCV, Metro (U.S.); quick set foot plates (U.S.); GC IV 9' base 
frame new (Brazil); rail Gold Crown V 9' mahogany/nickel 
(Indonesia); main hard ware GC V (Taiwan); storage box GC V trim 
nickel (Taiwan); main castings GC V nickel (Taiwan); leg set 9' 
GCVMAH carb (Brazil); stretcher 9' GCVMAH carb (Brazil); aprons GCV 
9' mahogany/nickel carb (Brazil).
---------------------------------------------------------------------------

    The assembly of Table D is similar to Table A, with the 
exception of delineation of the rail and apron assembly process. 
There are approximately 60 steps and 71 parts. While Table D is 
similar to the other tables in this request, Table D is unique 
because it requires the complete assembly of both legs. The assembly 
of Table D requires an average of 8 man hours and two certified 
installers. Since the rails are pre-wrapped, only an additional 45 
minutes are required to level the table. The installation cost 
combined with the value of U.S. components, amounts to 49.4% of the 
total cost. Other components are sourced from Brazil, Indonesia, 
Vietnam, and Taiwan.\6\
---------------------------------------------------------------------------

    \6\ 8'1'' home framed 3 piece slate set (Brazil), drop pocket 
set (U.S.), Black Wolf II hardware and feet (Indonesia), B/F 8H BRL/
GEN carb (Vietnam), PKT APR 8H Black Wolf carb (Vietnam), leg posts 
Black Wolf carb (Vietnam), leg panels 8'H Black Wolf carb (Vietnam), 
Black Wolf corners silver 2012 (Taiwan), rails Black Wolf II 8' 
(Brazil).
---------------------------------------------------------------------------

ISSUE:

    What is the country of origin of the four billiards tables for 
purposes of U.S. government procurement?

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 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 practice for products offered for sale 
to the U.S. Government.
    Under the rule of origin set forth under 19 U.S.C. 2518(4)(B):
    An 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.
    See also, 19 CFR 177.22(a).
    In rendering advisory rulings and final determinations for 
purposes of U.S. government procurement, CBP applies the provisions 
of subpart B of part 177 consistent with the Federal Acquisition 
Regulations. See 19 CFR 177.21. In this regard, CBP recognizes that 
the Federal Acquisition Regulations restrict the U.S. Government's 
purchase of products to U.S.-made or designated country end products 
for acquisitions subject to the TAA. See 48 CFR 25.403(c)(1). The 
Federal Acquisition Regulations define ``U.S.-made end product'' as:

. . . an article that is mined, produced, or manufactured in the 
United States or that is substantially transformed in the United 
States 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 transformed.

    48 CFR 25.003.
    In order to determine whether a substantial transformation 
occurs when components of various origins are assembled into 
completed products, CBP considers the totality of the circumstances 
and makes such determinations on a case-by-case basis. The country 
of origin of the item's components, extent of the processing that 
occurs within a country, and whether such processing renders a 
product with a new name, character, and use are primary 
considerations in such cases. Additionally, factors such as the 
resources expended on product design and development, extent and 
nature of post-assembly inspection and testing procedures, and the 
degree of skill required during the actual manufacturing process may 
be relevant when determining whether a substantial transformation 
has occurred. No one factor is determinative.
    In Carlson Furniture Industries v. United States, 65 Cust. Ct. 
474 (1970), the U.S. Customs Court ruled that U.S. operations on 
imported chair parts constituted a substantial transformation, 
resulting in the creation of a new article of commerce. After 
importation, the importer assembled, fitted, and glued the wooden 
parts together, inserted steel pins into the key joints, cut the 
legs to length and leveled them, and in some instances, upholstered 
the chairs and fitted the legs with glides and casters. The court 
determined that the importer had to perform additional work on the 
imported chair parts and add materials to create a functional 
article of commerce. The court found that the operations were 
substantial in nature, and more than the mere assembly of the parts 
together.
    In Headquarters Ruling Letter (``HQ'') W563456, dated July 31, 
2006, CBP held that certain office chairs assembled in the U.S. were 
products of the U.S. for purposes of U.S. government procurement. 
The office chairs were assembled from over 70 U.S. and foreign 
components. In finding that the imported parts were substantially 
transformed in the U.S., CBP stated that the assembly processes that 
occurred in the U.S. were complex and meaningful, required the 
assembly of a large number of components, and rendered a new and 
distinct article of commerce that possessed a new name, character, 
and use. CBP noted that the U.S.-origin seat and back frame 
assemblies, which were made with the importer's trademark fabric, 
together with the tilt assembly, were of U.S. origin and gave the 
chair its unique design profile and essential character. In HQ 
561258, dated April 15, 1999, CBP determined that the assembly of 
numerous imported workstation components with the U.S.-origin work 
surface into finished workstations constituted a substantial 
transformation. CBP held that the imported components lost their 
identity as leg brackets, drawer units, panels etc. when they were 
assembled together to form a workstation. In HQ H083693, dated March 
23, 2010, CBP held that a certain wood chest assembled in the U.S. 
was a product of the U.S. for purposes of U.S. government 
procurement. The wood chest was assembled from over twenty U.S. and 
foreign components in a twenty-step process which took approximately 
forty-one minutes. CBP held that the components used to manufacture 
the wood chest, when combined with a U.S. origin laminate top, were 
substantially transformed as a result of the assembly operations 
performed in the U.S.
    In the instant case, the tables' components range from 71 to 91 
which can only be assembled by two skilled installers, operating 
under the control and training of the Company and its authorized 
network of dealers. The assembly of the components requires the 
installers to maintain proper leveling throughout, while building 
different parts of the billiards table, which is essential to the 
ball running true during play. We find that the assembly processes 
that occur in the U.S. are complex and meaningful, require the 
assembly of a large number of components, and render a new and 
distinct article of commerce that possesses a new name, character, 
and use. Therefore, we find that the imported components lose their 
individual identities and become an integral part of the billiards 
tables as a result of the U.S. assembly operations and combination 
with U.S. components; and that the components acquire a different 
name, character, and use as a result of the assembly operations 
performed in the U.S. While not dispositive, we note, in addition, 
that the engineering, design, and development of the tables occur in 
the U.S. Accordingly, the assembled billiards tables will be 
considered products of the U.S. for purposes of U.S. Government 
procurement.

HOLDING:

    Based on the facts of this case, we find that the country of 
origin of all four billiards tables is the U.S. for purposes of U.S. 
Government procurement. Notice of this final determination will be 
given in the Federal Register, as required by 19 CFR 177.29. Any 
party-at-interest other than the party which requested this final 
determination may request, pursuant to 19 CFR 177.31, that CBP 
reexamine the matter anew and issue a new final determination. 
Pursuant to 19 CFR 177.30, any party-at-interest may, within 30 days 
of publication of the Federal Register

[[Page 63815]]

Notice referenced above, seek judicial review of this final 
determination before the Court of International Trade.

Sincerely,

Harold M. Singer,
Acting Executive Director Regulations and Rulings, Office of 
International Trade

[FR Doc. 2015-26752 Filed 10-20-15; 8:45 am]
BILLING CODE P
63812 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

expense. It can be costly to ‘‘retrofit’’ reporting requirements, where b. Based on the outcomes of the pilot,
Section 508 accessibility standards if applicable. assess likelihood of full
remediation is later needed. The HHS Basis upon Which Submissions Will implementation to succeed
Section 508 Evaluation Product be Evaluated: Five to seven Federal The NHLBI reserves the right to
Assessment Template, available at employees will serve as judges. They disqualify a submission if the tool fails
http://www.hhs.gov/web/508/ could include members from any NHLBI to function as expressed in the
contracting/technology/vendors.html, Extramural Division/Office/Center, the description provided by the submitting
provides a useful roadmap for Division of Intramural Research, and Student Team or if the tool provides
developers. It is a simple, web-based other NIH Federal employees. Each inaccurate or incomplete information.
checklist utilized by HHS officials to submission will be rated on the Submissions must be free of malware.
allow vendors to document how their following criteria: The NHLBI may test the tool to
products do or do not meet the various Significance (20 points): Potential determine whether malware or other
Section 508 requirements. impact and significance of the security threats may be present and
Amount of the Prize; Award submission to improve public reserves the right to disqualify the
Approving Official: The Award awareness and knowledge about SCD submission if, in NHLBI’s judgment, the
Approving Official will be the Director and associated complications and the tool may damage government or others’
of the NHLBI. The NHLBI may select up successful implementation of effective equipment or operating environment.
to three winners to receive a monetary interventions for SCD in real world
prize. Any money awarded to a winning settings. This must include scientifically Challenge Judges
Student Team will be distributed accurate information. Senior Advisor, Division of Blood
equally among the Student Team’s Innovation (25 points): Submission is Diseases and Resources, National
eligible undergraduate students. The an innovative and creative information Heart, Lung, and Blood Institute
Student Team Captain must be a citizen management tool that is: Clinical Trials Specialist, Division of
or permanent resident of the United Cardiovascular Sciences, National
a. Different from existing technologies
States. Mentors and any team members Heart, Lung, and Blood Institute
b. Designed for use on the most widely-
that do not meet the applicable Program Director, Division of Lung
available computing platforms:
citizenship/residency requirements will Diseases, National Heart, Lung, and
Including, but not limited to:
not be eligible to receive any monetary Blood Institute
Windows-based Operating Systems;
prize award and will not be reimbursed Deputy Director, Office of Translational
Mac OSX; iOS mobile computing
for meeting registration or travel Alliances and Coordination, Division
platforms; and Android mobile
expenses to the annual NHLBI/National of Extramural Research Activities,
computing platforms and
Sickle Cell Disease meeting (August National Heart, Lung, and Blood
c. Widely available to end-users (ease
2016), as discussed below. Institute
• 1st Prize—$7,000 with up to an and breadth of dissemination)
Staff member, Office of Science Policy,
additional $2,000 to reimburse the Usability and design (25 points): User Engagement, Education and
Student Team for eligible expenses to friendliness and user comprehension Communications, National Heart,
register for and travel to the annual a. Appropriateness of user level and Lung, and Blood Institute
NHLBI/National Sickle Cell Disease efficiency of use Staff member, Center for Translation
meeting to present and demonstrate its b. Tool generates the expected output Research and Implementation
winning entry. leading to user satisfaction Science, National Heart, Lung, and
• 2nd Prize—$5,000 with up to an c. Evidence of co-design with and Blood Institute
additional $2,000 to reimburse the support from users of proposed tool Deputy Chief, Education and
Student Team for eligible expenses to (e.g., patient, family, caregivers, Community Involvement Branch,
register and travel to the annual NHLBI/ community, and healthcare providers) National Human Genome Research
National Sickle Cell Disease meeting to d. Appropriateness of images/messaging Institute
present and demonstrate its winning for the intended audience Dated: October 2, 2015.
entry. e. Clear, concise, and well-organized
• 3rd Prize—$3,000 with up to an Gary H. Gibbons,
message
additional $2,000 to reimburse the Director, National Heart, Lung, and Blood
f. Clarity of image and/or audio
Student Team for eligible expenses to Institute.
Quality of pilot test and outcomes (30
register and travel to the annual NHLBI/ [FR Doc. 2015–26753 Filed 10–20–15; 8:45 am]
points): Assess approach and feasibility
National Sickle Cell Disease meeting to BILLING CODE 4140–01–P
present and demonstrate its winning Approach
entry. a. Research Objectives/Research
• Up to three Student Teams may also Question/Literature Review DEPARTMENT OF HOMELAND
receive ‘‘Honorable Mentions’’ but no b. Study Methods/Study Design SECURITY
monetary prize, or support to register c. Study participants, allocation of study
and travel to the annual NHLBI/ participants, and intervention U.S. Customs and Border Protection
National Sickle Cell Disease meeting (information management tool)
will be provided. ‘‘Honorable Mentions’’ Notice of Issuance of Final
d. Variables/Data Collection
winning entries will be recognized on Determination Concerning Certain
e. Statistical Analysis and Sample Size
the NHLBI Web site and/or other media f. Outreach and Dissemination plan Billiards Tables
tkelley on DSK3SPTVN1PROD with NOTICES

venues. employed AGENCY: U.S. Customs and Border
Payment of the Prize: Prizes awarded g. Results and discussion of pilot test Protection, Department of Homeland
under this Challenge will be paid by outcomes Security.
electronic funds transfer and may be ACTION: Notice of final determination.
subject to Federal income taxes. HHS/ Feasibility
NIH will comply with the Internal a. Dissemination plan employed likely SUMMARY: This document provides
Revenue Service withholding and to result in widespread use notice that U.S. Customs and Border

VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63813

Protection (‘‘CBP’’) has issued a final OT:RR:CTF:VS H268491 GaK surface before attaching the slate to the base
determination concerning the country of frame. After the slate pieces are attached to
CATEGORY: Origin the table base, the slate joints are filled with
origin of certain billiards tables. Based Jeremy Ross Page wax or hard putty and lightly sanded to
upon the facts presented, CBP has Page Fura, P.C. ensure a completely smooth surface. Once
concluded in the final determination 311 West Superior, Suite 306 the slate surface is cleaned and leveled, the
that the United States is the country of Chicago, IL 60654 installers cut and glue strips of cloth to the
origin of the billiards tables for purposes RE: U.S. Government Procurement; Country slate pockets and stretch the billiard cloth
of U.S. Government procurement. of Origin of Billiards Tables; Substantial over the slate and attach it to the slate with
Transformation a contact adhesive. Table A uses a framed
DATES: The final determination was Dear Mr. Page: slate, which is backed with particle board
issued on October 15, 2015. A copy of This is in response to your letter, dated allowing the billiard cloth to be stapled to it.
the final determination is attached. Any August 12, 2015, requesting a final The billiard cloth installation is said to be
party-at-interest, as defined in 19 CFR determination on behalf of The Brunswick complex and essential to ensure that the table
performs as designed. The cloth installation
177.22(d), may seek judicial review of Corporation (‘‘Company’’), pursuant to
consists of 22 steps of stretching it from
this final determination no later than subpart B of part 177 of the U.S. Customs and
Border Protection (‘‘CBP’’) Regulations (19 different directions and attaching it to the
November 20, 2015. slate frame. The failure to properly level the
CFR part 177). Under these regulations,
which implement Title III of the Trade table and base frame, seal the slate joints,
FOR FURTHER INFORMATION CONTACT:
Agreements Act of 1979 (‘‘TAA’’), as screw holes and/or attach the billiard cloth
Grace A. Kim, Valuation and Special properly will prevent the balls from running
Programs Branch, Regulations and amended (19 U.S.C. 2511 et seq.), CBP issues
country of origin advisory rulings and final true during play. After the billiard cloth is
Rulings, Office of International Trade determinations as to whether an article is or properly attached, the rails and aprons are
(202) 325–7941. would be a product of a designated country installed and the bed spot 2 is affixed to the
or instrumentality for the purposes of cloth. If the customer ordered the gullies,
SUPPLEMENTARY INFORMATION: Notice is they are installed at this stage. The assembly
granting waivers of certain ‘‘Buy American’’
hereby given that on October 15, 2015 restrictions in U.S. law or practice for of Table A requires an average of 8 man
pursuant to subpart B of Part 177, U.S. products offered for sale to the U.S. hours and two certified installers (4 hours
Customs and Border Protection Government. per installer). An additional 45 minutes is
Regulations (19 CFR part 177, subpart This final determination concerns the required for leveling the table after assembly.
The installation cost combined with the
B), CBP issued a final determination country of origin of the Company’s four
billiards tables. We note that as a U.S. value of U.S. components, amounts to 43.3%
concerning the country of origin of of the total cost. Other components are
certain billiards tables, which may be manufacturer, the Company is a party-at-
interest within the meaning of 19 CFR sourced from Brazil, Vietnam, Indonesia, and
offered to the U.S. Government under an Taiwan.3
177.22(d)(1) and is entitled to request this
undesignated government procurement final determination. Diagrams of the tables Table B has a different design than Table
contract. This final determination, HQ were submitted with your request. A and is higher in quality. The assembly of
H268491, was issued under procedures Table B is the same as Table A, except that
FACTS: step 4 involves the attachment of rail cloth,
set forth at 19 CFR part 177, subpart B,
There are four families of billiards tables at and the billiard cloth is also not pre-installed
which implements Title III of the Trade on the rail cushions prior to delivery. There
issue: Centurion (‘‘Table A’’), Metro (‘‘Table
Agreements Act of 1979, as amended B’’), Gold Crown V (‘‘Table C’’), and Black are approximately 71 steps and 82 parts.
(19 U.S.C. 2511–18). In the final Wolf II (‘‘Table D’’) (collectively ‘‘tables’’). After the billiard cloth is attached to the
determination, CBP concluded that, The tables are designed and developed in the slate, the installers must wrap the rail
based upon the facts presented, the U.S. and each table is produced in the U.S. cushions in billiard cloth. The loose billiard
assembly and installation processes from components and subassemblies sourced cloth is draped over each of the six rails and
performed in the United States, using from various countries, including the U.S. a wooden feather strip (same length of the
Due to the size and weight of each table, the rail) is pounded into place to affix the
imported components, substantially billiard cloth to the rail and excess cloth is
transform the imported components into Company ships the individual components to
the U.S. customers’ location and assembles trimmed. After the six rails are wrapped, the
billiards tables. Therefore, the country the tables on-site. The assembly and rails and apron are installed on the table and
of origin of the billiards tables is the installation of the tables must be performed the bed spot is affixed. The assembly of Table
United States for purposes of U.S. by certified Company installers who are B requires the same time as assembly of
Government procurement. employed and extensively trained by Table A, but an additional 2 hours to wrap
licensed U.S.-based Company dealers. all six rails. The installation cost combined
Section 177.29, CBP Regulations (19 with the value of U.S. components, amounts
The assembly of Table A consists of the
CFR 177.29), provides that a notice of to 35.3% of the total cost. Other components
following: 1) assembly of base frame and legs,
final determination shall be published 2) slate assembly, 3) attachment of billiard are sourced from Brazil, Indonesia and
in the Federal Register within 60 days cloth to slate, 4) assembly of rail and apron, Taiwan.4
of the date the final determination is and 5) assembly of the gully return system 1
issued. Section 177.30, CBP Regulations (if ordered by the customer). Each process 2 Bed spot is the self-adhesive sticker that

(19 CFR 177.30), provides that any must be performed in sequential order, indicates where the balls are to be racked.
3 Pocket set Centurion/Century (U.S.), 8′1″ home
party-at-interest, as defined in 19 CFR except for the gully return system which is
framed 3 piece slate set (Brazil), rails 8′H Centurion
177.22(d), may seek judicial review of a interspersed throughout the process. There
black (Vietnam), Centurion legs 8′ black (Vietnam),
are approximately 65 steps and 72 parts,
final determination within 30 days of Centurion leg stretcher 8′ black (Vietnam),
including fasteners (e.g., nuts, bolts, screws, Centurion aprons 8′ black (Vietnam), B/F 8′H
publication of such determination in the and staples), wax or hard putty and glue. Centurion PW (Indonesia), main hardware
Federal Register. First, the table legs and stretcher are Centurion 2013 (Taiwan), and Centurion rail and
assembled and the base frame is constructed apron corners (Taiwan).
tkelley on DSK3SPTVN1PROD with NOTICES

Dated: October 15, 2015.
on top of the legs so that a balanced and 4 8′1″ home framed 3 piece slate set (Brazil), rails
Harold M. Singer, leveled foundation is created. The next step 8′H Metro black (Indonesia), castings & ext Metro
Acting Executive Director, Regulations and is the installation of the slate, where the (Taiwan), main hardware Metro (Taiwan), levelers/
Rulings, Office of International Trade. brackets Metro (Indonesia), pkg bridge tri racks
installers must level the base frame and shim
Metro (U.S.), aprons 8H Metro black carb PHII
three slate pieces to ensure a completely flat (Indonesia), leg set Metro black carb (Indonesia),
HQ H268491
Metro B/F 8′H carb (Indonesia), and drop pockets
October 15, 2015 1 Ball return system. GCIV, GCV, Metro (U.S.).

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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63815

Notice referenced above, seek judicial review (ABI) transmissions, contact your programs or procedures designed to
of this final determination before the Court assigned client representative. evaluate planned components of the
of International Trade. Interested parties without an assigned NCAP. The ACE ESAR Test, as modified
Sincerely, client representative should direct their in this notice, is authorized pursuant to
Harold M. Singer, questions to Steven Zaccaro at § 101.9(b) of title 19 of the Code of
Acting Executive Director Regulations and steven.j.zaccaro@cbp.dhs.gov with the Federal Regulations (19 CFR 101.9(b)),
Rulings, Office of International Trade subject line heading ‘‘Expansion of which provides for the testing of NCAP
[FR Doc. 2015–26752 Filed 10–20–15; 8:45 am] Automated Entry Summary for Entry programs or procedures. See Treasury
BILLING CODE P Types 51 and 52-Request to Decision (T.D.) 95–21, 60 FR 14211
Participate.’’ (March 16, 1995).
SUPPLEMENTARY INFORMATION: III. Modifications of ACE ESAR Test
DEPARTMENT OF HOMELAND
SECURITY I. Background On October 18, 2007, CBP published
a General Notice in the Federal Register
U.S. Customs and Border Protection The National Customs Automation
(72 FR 59105) announcing CBP’s plan to
Program (NCAP) was established by
conduct a new test concerning ACE
Modification of National Customs Subtitle B of Title VI—Customs
entry summary, accounts and revenue
Automation Program (NCAP) Test Modernization (Customs Modernization
capabilities, that provided for enhanced
Concerning Automated Commercial Act), in the North American Free Trade
account management functions for ACE
Environment (ACE) Entry Summary, Agreement Implementation Act, Public
Portal Accounts and expanding the
Accounts and Revenue (ESAR) Test of Law 103–182, 107 Stat. 2057 (19 U.S.C.
universe of ACE account types. That test
Automated Entry Summary Types 51 1411). Through NCAP, the initial thrust
notice is commonly referred to as ESAR
and 52 and Certain Modes of of customs modernization was on trade
I. As stated in that notice, ACE is now
Transportation compliance and the development of the
the lead system for CBP-required master
Automated Commercial Environment
AGENCY: U.S. Customs and Border data elements (e.g., company name,
(ACE), the planned successor to the
Protection, Department of Homeland address, and point of contact) as well as
Automated Commercial System (ACS).
Security. related reference files (e.g., country
ACE is an automated and electronic
ACTION: General notice. code, port code, manufacturer ID, and
system for processing commercial trade
gold currency exchange rate and
data which is intended to streamline
SUMMARY: This document announces conversion calculator).
business processes, facilitate growth in This notice announces that CBP will
U.S. Customs and Border Protection’s
trade, ensure cargo security, and foster modify the ESAR test in order to allow
(CBP’s) plan to modify the National
participation in global commerce, while brokers and importers, who are also
Customs Automation Program (NCAP)
ensuring compliance with U.S. laws and ACE participants, to file electronically,
test concerning the Entry Summary,
regulations and reducing costs for U.S. for air, ocean, rail, and truck modes of
Accounts and Revenue (ESAR) test
Customs and Border Protection (CBP) transportation, as well as for mail,
program in the Automated Commercial
and all of its communities of interest. pedestrian, and passenger (hand-
Environment (ACE) to allow importers
The ability to meet these objectives carried) modes of transportation, the
and brokers to file electronically entry
depends on successfully modernizing ACE entry summary for entry type 51
summary data for entry types 51 and 52,
CBP’s business functions and the (i.e., merchandise imported by the
in addition to entry types 01, 03, and 11
information technology that supports Defense Contract Management
that are already available for electronic
those functions. Command (DCMAO NY) Military Only),
filing, for merchandise arriving by truck,
CBP’s modernization efforts are and for entry type 52 (i.e.,
rail, vessel, and air, as well as arriving
accomplished through phased releases Government—Dutiable (other than
by mail, pedestrian, and passenger
of ACE component functionality DCMAO NY)), in addition to entry types
(hand-carried).
designed to replace specific legacy ACS 01, 03, and 11.
DATES: The ACE ESAR test
functions. Each release will begin with
modifications set forth in this document a test and, if the test is successful, will IV. Eligibility Requirements
will begin on or about November 20, end with the mandatory use of the new
2015. This test will continue until Importer and broker volunteers who
ACE feature, thus retiring the legacy wish to participate in this test must
concluded by way of a document ACS function. Each release builds on
published in the Federal Register. have an ACE Portal Account (see notices
previous releases and sets forth the referenced below relating to the
Public comments are invited and will be foundation for subsequent releases.
accepted for the duration of the test. establishment of ACE Portal Accounts).
For the convenience of the public, a ABI volunteers wishing to participate in
ADDRESSES: Comments concerning this chronological listing of Federal Register this test must:
notice and any aspect of this test may publications detailing ACE test (1) Use statement or single pay for
be submitted at any time during the test developments is set forth below in payment processing; and
via email to Josephine Baiamonte, Section XIV, entitled, ‘‘Development of (2) Use a software package that has
Director, Business Transformation, ACE ACE Prototypes.’’ The procedures and completed ABI certification testing for
Business Office, Office of International criteria related to participation in the ACE.
Trade at josephine.baiamonte@ prior ACE test pilots remain in effect Test participants must meet all the
cbp.dhs.gov. In the subject line of your unless otherwise explicitly changed by eligibility criteria described in this
tkelley on DSK3SPTVN1PROD with NOTICES

email message, please use, ‘‘Comment this or subsequent notices published in document in order to participate in the
on Expansion of Automated Entry the Federal Register. test program.
Summary for Entry Types 51 and 52.’’
FOR FURTHER INFORMATION CONTACT: For
II. Authorization for the Test V. Test Participation Selection Criteria
technical questions related to the The Customs Modernization Act The ACE ESAR test is open to all
Automated Commercial Environment provides the Commissioner of CBP with importers and customs brokers filing
(ACE) or Automated Broker Interface authority to conduct limited test ACE Entry Summaries for cargo

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Document Created: 2018-02-27 08:54:06
Document Modified: 2018-02-27 08:54:06
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 October 15, 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 no later than November 20, 2015.
Contact		Grace A. Kim, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-7941.
FR Citation		80 FR 63812
80 FR 63812 - Notice of Issuance of Final Determination Concerning Certain Billiards Tables

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

Federal Register Volume 80, Issue 203 (October 21, 2015)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
