81 FR 789 - Meeting: Homeland Security Advisory Council

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 81, Issue 4 (January 7, 2016)

Page Range		789-790
FR Document		2016-00041

The Homeland Security Advisory Council (``Council'') will meet in person on January 21, 2016. Members of the public may participate in person. The meeting will be partially closed to the public.

Federal Register, Volume 81 Issue 4 (Thursday, January 7, 2016)

[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 789-790]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00041]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2015-0069]


Meeting: Homeland Security Advisory Council

AGENCY: The Office of Public Engagement, DHS.

ACTION: Notice of partially closed Federal Advisory Committee meeting.

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SUMMARY: The Homeland Security Advisory Council (``Council'') will meet 
in person on January 21, 2016. Members of the public may participate in 
person. The meeting will be partially closed to the public.

DATES: The Council will meet Thursday, January 21, 2016, from 10:10 
a.m. to 4:35 p.m. EST. The meeting will be open to the public from 1:30 
p.m. to 3:00 p.m. EST. Please note the meeting

[[Page 790]]

may close early if the Council has completed its business. The meeting 
will be closed to the public from 10:10 a.m. to 1:25 p.m. EST and 3:05 
p.m. to 4:35 p.m. EST.

ADDRESSES: The meeting will be held at the Woodrow Wilson International 
Center for Scholars (``Wilson Center''), located at 1300 Pennsylvania 
Avenue NW., Washington, DC 20004. All visitors will be processed 
through the lobby of the Wilson Center. Written public comments prior 
to the meeting must be received by 5:00 p.m. EST on Monday, January 18, 
2016, and must be identified by Docket No. DHS-2015-0069. Written 
public comments after the meeting must be identified by Docket No. DHS-
2015-0069 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Docket No. DHS-2015-0069 
in the subject line of the message.
     Fax: (202) 282-9207
     Mail: Homeland Security Advisory Council, Attention Mike 
Miron, Department of Homeland Security, Mailstop 0445, 245 Murray Lane 
SW., Washington, DC 20528.
    Instructions: All submissions received must include the words 
``Department of Homeland Security'' and ``DHS-2015-0069,'' the docket 
number for this action. Comments received will be posted without 
alteration at http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read comments received by the 
Council, go to http://www.regulations.gov, search ``DHS-2015-0069,'' 
``Open Docket Folder'' and provide your comments.

FOR FURTHER INFORMATION CONTACT: Mike Miron at [email protected] or at 
(202) 447-3135.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under 
Section 10(a) of the Federal Advisory Committee Act (FACA), Public Law 
92-463 (5 U.S.C. Appendix), which requires each FACA committee meeting 
to be open to the public.
    The Council provides organizationally independent, strategic, 
timely, specific, actionable advice and recommendations to the 
Secretary of the Department of Homeland Security (DHS) on matters 
related to homeland security. The Council is comprised of leaders of 
local law enforcement, first responders, state and local government, 
the private sector, and academia.
    The Council will meet in an open session between 1:30 p.m. and 3:00 
p.m. EST. The Council will swear in new members, receive reports from 
the CBP Integrity Advisory Panel and the DHS Grant Review Task Force, 
and receive verbal progress reports from the Cybersecurity Subcommittee 
and the Countering Violent Extremism Subcommittee.
    The Council will meet in a closed session from 10:10 a.m. to 1:25 
p.m. and 3:05 p.m. to 4:35 p.m. EST to receive sensitive operational 
counterterrorism information from senior officials and information on 
current threats and security measures from the Cybersecurity 
Subcommittee and Countering Violent Extremism Subcommittee leadership.
    Basis for Partial Closure: In accordance with Section 10(d) of the 
Federal Advisory Committee Act (FACA), the Secretary of the Department 
of Homeland Security has determined this meeting requires partial 
closure. The disclosure of the information relayed would be detrimental 
to the public interest for the following reasons:
    The Council will receive closed session briefings from senior 
officials and both the Cybersecurity Subcommittee and Countering 
Violent Extremism Subcommittees. The Council will receive operational 
counterterrorism updates on the current threat environment and security 
measures associated with countering such threats. The session is closed 
under 5 U.S.C. 552b(c)(7)(E) because disclosure of that information 
could reveal investigative techniques and procedures not generally 
available to the public, allowing terrorists and those with interests 
against the United States to circumvent the law and thwart the 
Department's strategic initiatives. These briefings will concern 
matters sensitive to homeland security within the meaning of 5 U.S.C. 
552b(c)(7)(E)and 552b(c)(9)(B). The session is closed pursuant to 5 
U.S.C. 552b(c)(9)(B) because disclosure of these techniques and 
procedures could frustrate the successful implementation of protective 
measures designed to keep our country safe.
    Participation: Members of the public will have until 5 p.m. EST on 
Monday, January 18, 2016, to register to attend the Council meeting on 
January 21, 2016. Due to limited availability of seating, admittance 
will be on a first-come first-serve basis. Participants interested in 
attending the meeting can contact Mike Miron at [email protected] or 
(202) 447-3135. You are required to provide your full legal name, date 
of birth, and company/agency affiliation. The public may access the 
facility via public transportation or use the public parking garages 
located near the Wilson Center. Wilson Center directions can be found 
at: http://wilsoncenter.org/directions. Members of the public will meet 
at 1:00 p.m. EST at the Wilson Center's main entrance for sign in and 
escorting to the meeting room for the public session. Late arrivals 
after 1:45 p.m. EST will not be permitted access to the facility.
    Facility Access: You are required to present a valid original 
government issued ID, to include a State Driver's License or Non-
Driver's Identification Card, U.S. Government Common Access Card (CAC), 
Military Identification Card or Person Identification Verification 
Card; U.S. Passport, U.S. Border Crossing Card, Permanent Resident Card 
or Alien Registration Card; or Native American Tribal Document.
    Information of Services for Individuals with Disabilities: For 
information on facilities or services for individuals with 
disabilities, or to request special assistance at the meeting, contact 
Mike Miron at [email protected] or (202) 447-3135 as soon as possible.

    Dated: December 31, 2015.
Sarah E. Morgenthau,
Executive Director, Homeland Security Advisory Council, DHS.
[FR Doc. 2016-00041 Filed 1-6-16; 8:45 am]
BILLING CODE 9110-9M-P

Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices 789

extent of the processing that occurs within a It is your position that the country of origin Thailand, and a development unit from
country, and whether such processing of the intermodal containers is the U.S. China, were substantially transformed
renders a product with a new name, because your client’s operations are ‘‘plainly because the toner powder was found to be
character, and use are primary considerations complex and meaningful’’ in that every the most critical element of the AIO
in such cases. Additionally, factors such as component loses its identity and becomes an cartridge. As in Uniroyal, the essential
the resources expended on product design integral part of the shipping container. You character of the container is imparted by the
and development, the extent and nature of state that this process is more complex than foreign-origin roof, side and bottom panels,
post-assembly inspection and testing processes found to effect a substantial which, like National Handtool, are already
procedures, and worker skill required during transformation in certain past rulings, and formed in the final shape prior to
the actual manufacturing process will be you cite to Headquarters Ruling Letters (HQ) importation. In H192144, CBP found
considered when determining whether a H248850, dated November 7, 2014; H259326, imported coated, optical lenses underwent a
substantial transformation has occurred. No dated April 13, 2015; H192144, dated double substantial transformation in a
one factor is determinative. October 22, 2014; and H251592, dated June beneficiary country to meet the 35 percent
Substantial transformation occurs when an 24, 2014. You also state that the large scale value-content GSP requirement, which is not
article emerges from a process with a new industrial process that is employed to at issue here. Therefore, we do not find a
name, character or use different from that manipulate components weighing hundreds substantial transformation in the
possessed by the article prior to processing. to thousands of pounds to manufacture a manufacture of the subject intermodal
A substantial transformation will not result shipping container to narrow tolerances is containers.
from a minor manufacturing or combining surely a ‘‘complex operation requiring skilled
process that leaves the identity of the article workers.’’ You also advise that this ‘‘large HOLDING:
intact. See United States v. Gibson-Thomsen scale industrial’’ manufacturing process Based upon the specific facts of this case,
Co., 27 C.C.P.A. 267 (1940). In determining requires skilled labor, special equipment, we find that the imported panels are not
whether the combining of parts or materials facilities, labor resources and in-process substantially transformed as a result of the
constitutes a substantial transformation, the quality assurance techniques and precision described operations performed in the United
determinative issue is the extent of subject to ISO specifications and rigorous States. The country of origin of the
operations performed and whether the parts CSC certification. You argue that the strict intermodal containers for purposes of U.S.
lose their identity and become an integral dimensional tolerances that are required for Government procurement is imparted by the
part of the new article. See Belcrest Linens safety and to assure compliance with ISO and roof, side and floor panels, which are of non-
v. United States, 6 Ct. Int’l Trade 204, 573 F. CSC standards for use in international U.S. origin.
Supp. 1149 (1983), aff’d, 741 F.2d 1368 (Fed. commerce makes the process precise, Notice of this final determination will be
Cir. 1984). expensive, complex and meaningful. We given in the Federal Register, as required by
In Uniroyal, Inc. v. United States, the Court reviewed your submission and note that 19 CFR 177.29. Any party-at-interest other
of International Trade held that no than the party which requested this final
although the large scale assembly requires
substantial transformation occurred because determination may request, pursuant to 19
skilled labor for safety and compliance with
the attachment of a footwear upper from CFR 177.31, that CBP reexamine the matter
certain ISO and CSC certification
Indonesia to its outsole in the United States anew and issue a new final determination.
requirements, this does not result in a
was a minor manufacturing or combining Pursuant to 19 CFR 177.30, any party-at-
substantial transformation of the non-U.S.
process which left the identity of the upper interest may, within 30 days of publication
components. Rather, the container assembly
intact. Uniroyal, Inc. v. United States, 3 CIT of the Federal Register Notice referenced
220, 224, 542 F. Supp. 1026, 1029 (1982), is distinguishable from the aforementioned
cases where CBP found substantial above, seek judicial review of this final
aff’d, 702 F.2d 1022 (Fed. Cir. 1983). The determination before the Court of
court found that the upper was readily transformation.
In H259326, the exoskeleton assistive International Trade.
recognizable as a distinct item apart from the
outsole to which it was attached, it did not walking device assembly consisted of Sincerely,
lose its identity in the manufacture of the hundreds of parts sourced from U.S. Myles B. Harmon, Acting Executive Director
finished shoe in the United States, and the manufacturers, with the exception of three Regulations & Rulings Office of
upper did not undergo a physical change or parts, all of which were assembled in the International Trade
a change in use. Also, under Uniroyal, the U.S. In H259326, CBP found the inclusion of
[FR Doc. 2015–33244 Filed 1–6–16; 8:45 am]
change in name from ‘‘upper’’ to ‘‘shoe’’ was the two of the three non-U.S. parts (a heat
not significant. The court concluded that the diffuser/shield, foot straps/binding) would be BILLING CODE 9111–14–P

upper was the essence of the completed shoe, permanently attached to the finished devices
and was not substantially transformed. such that they would ‘‘lose their separate
In National Hand Tool Corp. v. United identities and be subsumed into the finished DEPARTMENT OF HOMELAND
States, 16 CIT 308 (1992), aff’d, 989 F.2d exoskeleton,’’ thereby resulting in a SECURITY
1201 (Fed. Cir. 1993), the court considered substantial transformation when used in the
manufacturer of the finished exoskeleton. [Docket No. DHS–2015–0069]
sockets and flex handles which were either
cold formed or hot forged into their final However, in this case, the foreign-origin
front, side and roof and floor panels are not Meeting: Homeland Security Advisory
shape prior to importation, speeder handles
which were reshaped by a power press after subsumed into a complex device. Council
importation, and the grip of flex handles Further, there is not complex assembly of
AGENCY: The Office of Public
which were knurled in the U.S. The imported the container like in H248850, dated
November 7, 2014, in which CBP found a Engagement, DHS.
articles were heat treated, cleaned by
sandblasting, tumbling, and/or chemical substantial transformation involving U.S. ACTION: Notice of partially closed
vibration before being electroplated. In patented operations which consisted of Federal Advisory Committee meeting.
certain instances, various components were bending of the HEX; brazing of various
assembled together which the court stated connections; and installing a control box SUMMARY: The Homeland Security
required some skill and dexterity. The court which contained U.S. developed software. Advisory Council (‘‘Council’’) will meet
determined that the imported articles were With the intermodal containers, although in person on January 21, 2016. Members
not substantially transformed and that they skilled workers are required to ensure safety of the public may participate in person.
rmajette on DSK2TPTVN1PROD with NOTICES

remained products of Taiwan. In making its and accuracy in accordance with ISO and The meeting will be partially closed to
determination, the court focused on the fact CSC requirements, the grinding, welding and the public.
that the components had been cold formed or assembly processes essentially do not change
DATES: The Council will meet Thursday,
hot forged ‘‘into their final shape before the predetermined use of the panels, all of
importation’’, and that ‘‘the form of the which originate from one foreign country. In January 21, 2016, from 10:10 a.m. to
components remained the same’’ after the regard to H251592, CBP determined that 4:35 p.m. EST. The meeting will be
assembly and heat treatment processes certain AIO cartridges assembled with toner open to the public from 1:30 p.m. to
performed in the U.S. powder from Japan, a cleaning unit from 3:00 p.m. EST. Please note the meeting

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Document Created: 2016-01-07 00:13:02
Document Modified: 2016-01-07 00:13:02

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 partially closed Federal Advisory Committee meeting.
Dates		The Council will meet Thursday, January 21, 2016, from 10:10 a.m. to 4:35 p.m. EST. The meeting will be open to the public from 1:30 p.m. to 3:00 p.m. EST. Please note the meeting may close early if the Council has completed its business. The meeting will be closed to the public from 10:10 a.m. to 1:25 p.m. EST and 3:05 p.m. to 4:35 p.m. EST.
Contact		Mike Miron at [email protected] or at (202) 447-3135.
FR Citation		81 FR 789