81 FR 86334 - Notice of Issuance of Final Determination Concerning Country of Origin of Computer Notebook Hard Disk Drives

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

Federal Register Volume 81, Issue 230 (November 30, 2016)

Page Range		86334-86337
FR Document		2016-28790

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of computer notebook hard disk drives.

Federal Register, Volume 81 Issue 230 (Wednesday, November 30, 2016)

[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Pages 86334-86337]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-28790]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Notice of Issuance of Final Determination Concerning Country of
Origin of Computer Notebook Hard Disk Drives

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 computer notebook hard disk drives.

DATES: The final determination was issued on November 22, 2016. 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 December 30, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Dinerstein, Valuation and
Special Programs Branch, Regulations and Rulings, Office of Trade (202-
325-0132).

SUPPLEMENTARY INFORMATION: Notice is hereby given that on November 22,
2016, pursuant to subpart B of Part 177, Customs and Border Protection
(CBP) Regulations (19 CFR part 177, subpart B), CBP issued a final
determination concerning the country of origin of computer notebook
hard disk drives which may be offered to the United States Government
under an undesignated government procurement contract. This final
determination, HQ H261623, was issued at the request of Seagate
Technology 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 was
presented with two scenarios on how the hard disk drives are produced.
In the first scenario, the firmware for the hard disk drives is
primarily written and installed onto the hard disk drives in the same
country. CBP concluded for purposes of U.S. Government procurement,
that the country of origin of the notebook hard disk drives will either
be Singapore or South Korea. In the second scenario, the firmware is
written in a different country from where it is downloaded. In the
second scenario, for purposes of U.S. Government procurement, the
country of origin of the notebook hard disk drives will be the country
where

[[Page 86335]]

the components for the devices are finally assembled, either
[redacted].
Section 177.29, CBP Regulations (19 CFR 177.29), provides that
notice of final determinations 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: November 22, 2016.
Myles B. Harmon,
Acting Executive Director, Regulations and Rulings, Office of Trade.

HQ H261623

November 22, 2016

OT:RR:CTF:VS H261623 RSD

CATEGORY: Origin

Stuart P. Seidel, Esq.
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006

RE: U.S. Government Procurement; Country of Origin of Computer
Notebook Hard Disk Drives; Substantial Transformation

Dear Mr. Seidel:

This is in response to your letter dated February 6, 2015, on
behalf of Seagate Technology (Seagate), of Cupertino, California,
requesting a final determination pursuant to subpart B of Part 177
of the U.S. Customs and Border Protection (``CBP'') Regulations (19
CFR Part 177, subpart B). 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 the ``Notebook'' family of hard disk storage devices under
two scenarios. As a U.S. importer, Seagate is a party-at-interest
within the meaning of 19 CFR 177.22(d)(1) and is entitled to request
this final determination. In addition, we have reviewed and granted
the importer's request for confidentiality pursuant to section
177.2(b)(7) of the CBP Regulations (19 CFR 177.2(b)(7)), with
respect to certain information submitted.

FACTS:

The products at issue in this final determination are a family
of hard disk drives (HDD) known as ``Notebook'' (``NS''). The NS
line currently consists of the following brand names: Ultra Mobile
HDD, Laptop Ultrathin HDD, Laptop HDD, and Samsung Spinpoint. You
describe two scenarios in which the HDDs will be produced. The HDDs
use mechanical and electromagnetic components that are designed or
specified by Seagate in one or more of Seagate's five design centers
located in the United States. Each family of HDDs consists of
approximately ten products offered each year. The annual person
hours required to fully design an average recording head and
recording media (media), fit for integration into the HDD, was
provided along with the various countries that contribute to the
design. The design of the head incorporates semiconductor design,
magnetic design, mechanical design, and a manufacturing process
design into an integrated recording reader and writer. The design of
the media integrates thin film magnetics mechanical surface design,
and a manufacturing process design. On average, three heads and two
media are assembled into a HDD.
The design of each family of HDDs integrates electromagnetic
recording position engineering firmware design, ASIC design, and
overall system design. Manufacturing and test engineering is also
sourced from the design centers. The design for the NS laptop
product is mostly conducted by the Singapore Science Park with
support from the United States. The design of the Spinpoint product
is mostly conducted by the South Korea Design Center with support
from the United States.
The HDD components are manufactured internally by Seagate
factories located throughout Asia, or externally at Seagate's supply
partners throughout Asia. These components are shipped to a HDD
assembly site in [ ]. The head disk assembly is assembled from the
raw components of magnetic media, read write heads, a head actuator
assembly, and an airtight metal enclosure. This assembly takes only
a matter of minutes to perform. The head disk assembly is mated to a
printed circuit board assembly containing the disc drive
electronics. This assembly takes a few seconds. Next, the drive is
loaded into the factory testing system and tested. Firmware is
downloaded into the drive to facilitate media certification. At this
point, the drive is only functional for testing and it can perform
no useful disc drive functions at the computer interface. The drive
stays in a sequence of a media certification operation for one day
depending upon the capacity of the media.
Following successful media qualifications, the drive testing
firmware is replaced with a generic basic disc drive firmware solely
to allow the drive computer interface functions to be tested. With
this firmware, the operation of the disc drive interface is tested.
The basic disc drive firmware in the previous step is removed,
rendering the device useless for any functional disc drive purpose.
After completion of the interface testing, the drive is ``forced
blocked'' from label and shipment (so that it is no longer treated
as the standard HDD). The drive as shipped from [ ] does not
function as a HDD because it lacks firmware and does not have the
ability to serve as a storage device without loading the final
firmware.
Final assembly and configuration are done in Singapore or South
Korea for Scenario I, or in the United States for the second
scenario. Once the disk drives have been imported into Singapore,
Korea, or the United States, Seagate employees perform: security
preparation, visual mechanical inspection, and installation of the
firmware for each HDD. The firmware will have all features and
functions of the firmware for a standard HDD. The firmware will also
include additional code required to configure the firmware to the
customer's specifications and requirements. In addition, certain
models will have additional security programming such as encryption.
The architecture for encryption features was designed in the United
States. The encryption installation is performed in Singapore or the
United States during the firmware installation. During this time
period, the drive is processed for security preparation and the
encryption is enabled, the security interface is enabled, debug
ports are locked, credentials are loaded, and the certificates are
loaded. The firmware, primarily developed and programmed in the
United States and South Korea, is installed and tested. After
completion of the firmware loading and testing, a final quality
assurance inspection is performed; the drive receives a new part
number and a label; and it is shipped to Seagate. You explain that a
drive cannot function until the firmware is loaded onto it.
According to your submission, the purchased value of a fully
assembled HDD is approximately 16 to 66 times the value of an
assembled recording head, depending on the family, capacity, and the
security features.

ISSUE:

What is the country of origin of the Notebook HDDs for purposes
of U.S. government procurement in the two described scenarios?

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).
``The term `character' is defined as `one of the essentials of
structure, form, materials, or function that together make up and
usually distinguish the individual.' '' Uniden America Corporation
v. United States, 120 F. Supp. 2d. 1091, 1096 (citations omitted)
(Ct. Int'l Trade 2000), citing National Hand Tool

[[Page 86336]]

Corp. v. United States, 16 Ct. Int'l Trade 308, 311 (1992). In
Uniden, concerning whether the assembly of cordless telephones and
the installation of their detachable A/C (alternating current)
adapters constituted instances of substantial transformation, the
Court of International Trade applied the ``essence test'' and found
that ``[t]he essence of the telephone is housed in the base and the
handset.''
In Data General v. United States, 4 Ct. Int'l Trade 182 (1982),
the court determined that for purposes of determining eligibility
under item 807.00, Tariff Schedules of the United States
(predecessor to subheading 9802.00.80, Harmonized Tariff Schedule of
the United States), the programming of a foreign PROM (Programmable
Read-Only Memory chip) in the United States substantially
transformed the PROM into a U.S. article. In programming the
imported PROMs, the U.S. engineers systematically caused various
distinct electronic interconnections to be formed within each
integrated circuit. The programming bestowed upon each circuit its
electronic function, that is, its ``memory'' which could be
retrieved. A distinct physical change was effected in the PROM by
the opening or closing of the fuses, depending on the method of
programming. This physical alteration, not visible to the naked eye,
could be discerned by electronic testing of the PROM. The court
noted that the programs were designed by a U.S. project engineer
with many years of experience in ``designing and building
hardware.'' In addition, the court noted that while replicating the
program pattern from a ``master'' PROM may be a quick one-step
process, the development of the pattern and the production of the
``master'' PROM required much time and expertise. The court noted
that it was undisputed that programming altered the character of a
PROM. The essence of the article, its interconnections or stored
memory, was established by programming. The court concluded that
altering the non-functioning circuitry comprising a PROM through
technological expertise in order to produce a functioning read only
memory device, possessing a desired distinctive circuit pattern, was
no less a ``substantial transformation'' than the manual
interconnection of transistors, resistors and diodes upon a circuit
board creating a similar pattern.
In C.S.D. 84-85, 18 Cust. B. & Dec. 1044, CBP stated:

We are of the opinion that the rationale of the court in the Data
General case may be applied in the present case to support the
principle that the essence of an integrated circuit memory storage
device is established by programming; . . . [W]e are of the opinion
that the programming (or reprogramming) of an EPROM results in a new
and different article of commerce which would be considered to be a
product of the country where the programming or reprogramming takes
place.

In Texas Instruments v. United States, 681 F.2d 778, 782 (CCPA
1982), the court observed that the substantial transformation issue
is a ``mixed question of technology and customs law.'' Accordingly,
the programming of a device that confers its identity as well as
defines its use generally constitutes substantial transformation.
See also Headquarters Ruling Letter (``HQ'') 558868, dated February
23, 1995 (programming of SecureID Card substantially transforms the
card because it gives the card its character and use as part of a
security system, and the programming is a permanent change that
cannot be undone); HQ 735027, dated September 7, 1993 (programming
blank media (EEPROM) with instructions that allow it to perform
certain functions that prevent piracy of software constitutes
substantial transformation); and, HQ 733085, dated July 13, 1990;
but see HQ 732870, dated March 19, 1990 (formatting a blank diskette
does not constitute substantial transformation because it does not
add value, does not involve complex or highly technical operations,
and does not create a new or different product); and, HQ 734518,
dated June 28, 1993 (motherboards are not substantially transformed
by the implanting of the central processing unit on the board
because, whereas in Data General use was being assigned to the PROM,
the use of the motherboard has already been determined when the
importer imported it).
Essentially, programming an information processing device will
not in every case result in a substantial transformation of the
device. It will depend on the nature of the programming, as compared
to the nature and complexity of the information processing device on
which the programming is completed. In other words, installing a
relatively simple program on a complex information technology device
will generally, by itself, not result in a substantial
transformation of the device.
In this case, firmware is installed on the HDDs to enable to
them operate. The website ``techterms.com'' explains firmware as
follows:

Firmware is a software program or set of instructions programmed on
a hardware device. It provides the necessary instructions for how
the device communicates with the other computer hardware. But how
can software be programmed onto hardware? Good question. Firmware is
typically stored in the flash ROM of a hardware device. While ROM is
read-only memory, flash ROM can be erased and rewritten because it
is actually a type of flash memory.

Additionally, the website http://pcsupport.about.com/od/termsf/g/Firmware.htm, notes that firmware is software that is embedded in a
piece of hardware. Firmware is simply ``software for hardware.''
In HQ H241362, dated August 14, 2013 published in the Federal
Register on August 21, 2013, (78 Fed. Reg. 51737), CBP considered
whether the programming of HDDs resulted in a substantial
transformation of the HDDs. In that particular instance, CBP issued
a final determination concerning the country of origin of HDDs and
self-encrypting drives produced by Seagate. In that case, Seagate
imported fully assembled HDDs from two different countries. The HDDs
were designed in the United States, but assembled in one of two
other countries from components manufactured by Seagate outside of
the United States or obtained by Seagate from a supplier in Asia.
The fully assembled HDDs were shipped to the United States, and in
their imported condition they could not function as storage media
devices. The disk heads could not move, they could not store or
retrieve data, and they could not be recognized or listed on a
computer system or a network in the United States. In the United
States, the imported HDD was unblocked and programmed with two types
of firmware. The first type of firmware was Servo firmware, which
controlled all motor, preamp and servo function without which the
motors media and heads would not operate and the HDD would not work.
The second type of firmware was non-security controller firmware
which managed all communication between the host and target drives,
as well as all data within the drive. This type of firmware
permitted data files to be stored on the HDDs media so that the data
files could be found and listed within a particular application and
allowed the stored data to be saved, retrieved, and overwritten.
Consequently, we determined that the firmware caused the imported
HDDs to function as digital storage devices. Approximately 80
percent of the work hours spent on combined firmware design was
allocated to work in the United States at Seagate's design center,
and approximately 20 percent in another country. Combined, the
compiled firmware code was approximately 2 MB in size and contained
approximately one million lines of code. The firmware loaded onto
the HDDs in the United States made them fully functioning generic
storage devices. In addition, some of the HDDs were programmed with
security controller firmware to allow them to be secured through
encryption. The security controller firmware was mostly written in
the United States. Because of the nature and the complexity of the
firmware, CBP found in HQ H241362 that the installation of the
firmware significantly altered the character of the Seagate HDDs.
Therefore, the HDDs were considered products of the United States
for purposes of U.S. Government procurement.
CBP has also considered a scenario (in HQ H241177 dated December
3, 2013) in which a device was manufactured in one country, the
software used to permit that device to operate was written in
another country, and the installation of that software occurred in a
third country. In that case, switches were assembled to completion
in Malaysia and then shipped to Singapore, where EOS software
developed in the United States was downloaded. It was claimed that
the EOS software enabled the imported switches to interact with
other network switches through network switching and routing, and
allowed for the management of functions such as network performance
monitoring and security, and access control; without this software,
the imported devices could not function as Ethernet switches. But,
CBP found that the software downloading performed in Singapore did
not amount to programming. We explained that programming involves
writing, testing and implementing code necessary to make a computer
function in a certain way. See Data General, supra; see also
``computer

[[Page 86337]]

program'', Encyclopedia Britannica (2013), (9/19/2013) http://www.britannica.com/EBchecked/topic/130654/computer-program, which
explains, in part, that ``a program is prepared by first formulating
a task and then expressing it in an appropriate computer language,
presumably one suited to the application.'' While the programming
occurred in the United States, the downloading occurred in
Singapore. Given these facts, we found that the country where the
last substantial transformation occurred was Malaysia, namely, where
the major assembly processes were performed. Therefore, we found
that the country of origin for purposes of U.S. Government
procurement was Malaysia.
In HQ H240199 dated March 10, 2015, four different scenarios for
the production of a computer were presented. In the third scenario,
all of the hardware components were assembled in Country A and
imported into Country F. The operations that occurred in Country F
were that the BIOS and the OS were downloaded. The issue was whether
the downloading of the BIOS and OS substantially transformed the
notebook computer. We reiterated that programming a device that
defines its use generally constitutes a substantial transformation.
Software downloading, however, does not amount to programming.
Consistent with previous CBP rulings cited above, we found that the
BIOS and OS downloading did not result in a substantial
transformation in Country F. Given these facts, we found that the
country where the last substantial transformation occurred was
Country A, where the major assembly processes were performed.
The facts involved in this case are very similar to the facts
described in HQ H241362, except that in the second scenario
presented, the firmware that is installed on the HDDs is largely
written in a country other than the country where it will be
installed. Although some of the work in writing the firmware is done
in the United States, the overwhelming majority of the time and
money expended in developing the firmware was expended in Singapore
and not in the United States. In fact, according to the submission,
in developing the firmware, more than five times the amount of time
and money is expended in Singapore than in the United States. In the
second scenario the only major operation that occurs in the United
States to produce the finished HDDs, is the installation of the
largely foreign written firmware.
For the first scenario, we find that the country of origin of
the HDDs will be the country where the firmware is largely written
and installed onto the HDDs, Singapore for the NS drives, and South
Korea for the Samsung Spinpoint. As in H241362, the firmware, mostly
created in either Singapore or South Korea and downloaded in those
countries, imparts the essential character of the HDDs. The use of
the HDDs is solely dictated by the firmware and it otherwise has no
use. However, in the second scenario, the HDDs are assembled in one
country, the firmware is largely written in another country, and
downloaded in a third country, the United States. While counsel
contends that the country of origin of the HDDs should similarly be
the country where the firmware is downloaded because the HDD cannot
function without the firmware being installed, that is not the
correct test used to determine the country of origin of a product.
The country of origin of a product is determined based on where the
last substantial transformation occurs. As the holdings of HQ
H241177 and HQ H240199 make clear, it is CBP's position that mere
downloading of software that is written in another country onto an
information processing device is not sufficient to be considered a
substantial transformation of that device. While the downloading
does make the HDD functional, the country where that occurs is not
where a substantial transformation occurs. As the entire assembly
process occurs in either [ ], we find that the country of origin of
the HDDs will either be [ ]. This finding regarding the country of
origin of the HDDs will apply both for purposes of government
procurement, as well as for country of origin marking.

HOLDING:

Based on the facts of this case, in first scenario, we find for
purposes of U.S. Government procurement, the country of origin of
the Notebook HDDs will either be Singapore or South Korea, where the
firmware is both written and installed onto the HDDs. In the second
scenario, where the firmware is written in a different country from
where it is downloaded onto the HDDs, for purposes of U.S.
Government procurement and country of origin marking, the country of
origin of the Notebook HDDs will be the country where the last
substantial transformation takes place, namely the country where the
device components are finally assembled, which in this case will
either be [ ].
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 Notice referenced above, seek judicial review of this final
determination before the Court of International Trade.

Sincerely,

Myles B. Harmon,

Acting Executive Director Regulations and Rulings Office of Trade.

[FR Doc. 2016-28790 Filed 11-29-16; 8:45 am]
BILLING CODE 9111-14-P

Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices 86337

program’’, Encyclopedia Britannica (2013), that the country of origin of the HDDs should DEPARTMENT OF THE INTERIOR
(9/19/2013) http://www.britannica.com/ similarly be the country where the firmware
EBchecked/topic/130654/computer-program, is downloaded because the HDD cannot
which explains, in part, that ‘‘a program is [FWS–R4–FHC–2016–N208;
function without the firmware being
prepared by first formulating a task and then FVHC98210408710–XXX–FF04G01000]
installed, that is not the correct test used to
expressing it in an appropriate computer
determine the country of origin of a product. Deepwater Horizon Oil Spill; Draft
language, presumably one suited to the
application.’’ While the programming The country of origin of a product is Louisiana Trustee Implementation
occurred in the United States, the determined based on where the last Group Restoration Plan #1:
downloading occurred in Singapore. Given substantial transformation occurs. As the Restoration of Wetlands, Coastal, and
these facts, we found that the country where holdings of HQ H241177 and HQ H240199 Nearshore Habitats; Habitat Projects
the last substantial transformation occurred make clear, it is CBP’s position that mere on Federally Managed Lands; and
was Malaysia, namely, where the major downloading of software that is written in
assembly processes were performed.
Birds
another country onto an information
Therefore, we found that the country of processing device is not sufficient to be AGENCY: Department of the Interior.
origin for purposes of U.S. Government considered a substantial transformation of
procurement was Malaysia. ACTION: Notice of availability; reopening
that device. While the downloading does of public comment period.
In HQ H240199 dated March 10, 2015, four
different scenarios for the production of a make the HDD functional, the country where
computer were presented. In the third that occurs is not where a substantial SUMMARY: We are reopening the public
scenario, all of the hardware components transformation occurs. As the entire assembly comment period on the Louisiana
were assembled in Country A and imported process occurs in either [ ], we find Trustee Implementation Group Draft
into Country F. The operations that occurred that the country of origin of the HDDs will Restoration Plan #1: Restoration of
in Country F were that the BIOS and the OS either be [ ]. This finding regarding Wetlands, Coastal, and Nearshore
were downloaded. The issue was whether the the country of origin of the HDDs will apply Habitats; Habitat Projects on Federally
downloading of the BIOS and OS both for purposes of government
substantially transformed the notebook
Managed Lands; and Birds (Draft
procurement, as well as for country of origin Restoration Plan #1). We opened the
computer. We reiterated that programming a
marking. public comment period via a November
device that defines its use generally
constitutes a substantial transformation. HOLDING: 1, 2016, notice of availability. The
Software downloading, however, does not public comment period closed on
Based on the facts of this case, in first
amount to programming. Consistent with November 28, 2016.
previous CBP rulings cited above, we found scenario, we find for purposes of U.S.
Government procurement, the country of DATES: Comments Due Date: We will
that the BIOS and OS downloading did not
result in a substantial transformation in origin of the Notebook HDDs will either be consider public comments received
Country F. Given these facts, we found that Singapore or South Korea, where the November 1, 2016 through December 9,
the country where the last substantial firmware is both written and installed onto 2016.
transformation occurred was Country A, the HDDs. In the second scenario, where the ADDRESSES:
where the major assembly processes were firmware is written in a different country Obtaining Documents: You may
performed. from where it is downloaded onto the HDDs, download the Louisiana Trustee
The facts involved in this case are very for purposes of U.S. Government
similar to the facts described in HQ H241362,
Implementation Group Draft Restoration
procurement and country of origin marking, Plan 1: Restoration of Wetlands, Coastal,
except that in the second scenario presented,
the country of origin of the Notebook HDDs and Nearshore Habitats; Habitat Projects
the firmware that is installed on the HDDs is
largely written in a country other than the will be the country where the last substantial on Federally Managed Lands; and Birds
country where it will be installed. Although transformation takes place, namely the at any of the following sites:
country where the device components are
some of the work in writing the firmware is • http://www.gulfspillrestoration.
done in the United States, the overwhelming finally assembled, which in this case will
noaa.gov
majority of the time and money expended in either be [ ].
developing the firmware was expended in Notice of this final determination will be
• http://www.doi.gov/deepwaterhorizon
Singapore and not in the United States. In given in the Federal Register, as required by • http://la-dwh.com
fact, according to the submission, in 19 CFR 177.29. Any party-at-interest other Alternatively, you may request a CD
developing the firmware, more than five than the party which requested this final of the Draft Restoration Plan 1 (see FOR
times the amount of time and money is determination may request, pursuant to 19 FURTHER INFORMATION CONTACT). You
expended in Singapore than in the United may also view the document at any of
CFR 177.31, that CBP reexamine the matter
States. In the second scenario the only major
operation that occurs in the United States to anew and issue a new final determination. the public facilities listed at http://www.
produce the finished HDDs, is the Pursuant to 19 CFR 177.30, any party-at- gulfspillrestoration.noaa.gov.
installation of the largely foreign written interest may, within 30 days of publication Submitting Comments: You may
firmware. of the Federal Register Notice referenced submit comments on the draft document
For the first scenario, we find that the above, seek judicial review of this final by one of following methods:
country of origin of the HDDs will be the determination before the Court of • Via the Web: http://www.gulfspill
country where the firmware is largely written International Trade. restoration.noaa.gov/restoration-areas/
and installed onto the HDDs, Singapore for Sincerely, louisiana.
the NS drives, and South Korea for the
Myles B. Harmon, • Via U.S. Mail: U.S. Fish and
Samsung Spinpoint. As in H241362, the
firmware, mostly created in either Singapore Acting Executive Director Regulations and Wildlife Service, P.O. Box 49567,
or South Korea and downloaded in those Rulings Office of Trade. Atlanta, GA 30345.
sradovich on DSK3GMQ082PROD with NOTICES

countries, imparts the essential character of • Louisiana Coastal Protection &
[FR Doc. 2016–28790 Filed 11–29–16; 8:45 am]
the HDDs. The use of the HDDs is solely Restoration Authority, ATTN: Liz
dictated by the firmware and it otherwise has BILLING CODE 9111–14–P Williams, P.O. Box 44027, Baton Rouge,
no use. However, in the second scenario, the LA 70804.
HDDs are assembled in one country, the
FOR FURTHER INFORMATION CONTACT: Liz
firmware is largely written in another
country, and downloaded in a third country, Williams at LATIG.la.gov.
the United States. While counsel contends SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 16:51 Nov 29, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

Document Created: 2016-11-30 02:18:05
Document Modified: 2016-11-30 02:18:05

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 November 22, 2016. 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 December 30, 2016.
Contact		Robert Dinerstein, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202- 325-0132).
FR Citation		81 FR 86334

81 FR 86334 - Notice of Issuance of Final Determination Concerning Country of Origin of Computer Notebook Hard Disk Drives

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

Federal Register Volume 81, Issue 230 (November 30, 2016)

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