81 FR 8733 - Notice of Issuance of Final Determination Concerning Certain Data Protection Software Products
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 81, Issue 34 (February 22, 2016)
U.S. Customs and Border Protection
Federal Register Volume 81, Issue 34 (February 22, 2016)
| Page Range | 8733-8735 | |
| FR Document | 2016-03552 |
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)] [Notices] [Pages 8733-8735] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03552] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning Certain Data Protection Software Products AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of final determination. ----------------------------------------------------------------------- SUMMARY: This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain data protection software products. Based upon the facts presented, CBP has concluded that the country of origin of the software products is the United States for purposes of U.S. Government procurement. DATES: The final determination was issued on February 12, 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 no later than March 23, 2016. FOR FURTHER INFORMATION CONTACT: Ross Cunningham, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-0034. SUPPLEMENTARY INFORMATION: Notice is hereby given that on February 12, 2016, 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 data protection software products known as WebALARM, WebALARM [Embedded], TheGRID Basic, and TheGrid Beacon, which may be offered to the U.S. Government under an undesignated government procurement contract. This final determination, HQ H268858, was issued under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP concluded that the processing in the United States results in a substantial transformation. Therefore, the country of origin of the software products 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: February 12, 2016. Joanne Roman Stump, Acting Executive Director, Regulations and Rulings, Office of International Trade. Attachment HQ H268858 February 12, 2016 OT:RR:CTF:VS H268858 RMC CATEGORY: Country of Origin Dan Minutillo Minutillo: A Law Corporation 841 Blossom Hill Road Second Floor P.O. Box 20698 San Jose, CA 95160 Re: U.S. Government Procurement; Country of Origin of Data Protection Software; Substantial Transformation Dear Mr. Minutillo: This is in response to your letter dated August 18, 2015, requesting a final determination on behalf of e-Lock Corporation (``e- Lock'') pursuant to Subpart B of Part 177 of the U.S. Customs and Border Protection (``CBP'') Regulations (19 C.F.R. part 177). Under these regulations, which implement Title III of the Trade Agreements Act of 1979 (``TAA''), as amended (19 U.S.C. Sec. 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 four data-protection software products. As a U.S. importer, e-Lock is a party-at-interest within the meaning of 19 C.F.R. Sec. 177.22(d)(1) and is entitled to request this final determination. FACTS: E-Lock is a Malaysia based developer of cyber-security software that helps to prevent identity theft and threats to data integrity. This request concerns four software products that e-Lock wishes to offer for sale to the federal government: (1) WebALARM; (2) WebALARM [Embedded]; (3) TheGRID Basic; and (4) TheGRID Beacon. The WebALARM products are designed to protect files and data from unauthorized changes. The two products are similar except that WebALARM [Embedded] is embedded to become part of an integrated security package. TheGRID products provide user-identification and authentication functionality and are designed to protect against online theft by providing two- factor authentication and optional mutual authentication. The two products are similar except that TheGRID Beacon is designed for mobile applications. All four software products are produced using the same three-step [[Page 8734]] process that essentially involves: (1) Writing the source code in Malaysia; (2) compiling the source code into usable object code in the United States; and (3) installing the finished software on U.S.-origin discs in the United States. In a submission dated October 15, 2015, e-Lock provided additional information on the processes involved in creating source code and compiling it into object code in steps (1) and (2). 1. Writing e-Lock Source Code a. Creating new source code project in e-Lock's source code repository server; b. Using tools like Microsoft Visual Studio, Android Studio, Eclipse, Xcode, and Text Editors, e-Lock's software programmer starts writing computer code in C++, Java, and Objective-C languages; c. Designing graphical layout using Visual Studio, Android Studio, or Xcode; and d. (b) and (c) above are prepared and checked into source code repository server. 2. Compiling e-Lock Source Code into Object Code a. The software builder signs into the continuous integration (``CI'') server and performs a ``build'' action; b. The CI server immediately checks out the latest version of source code from the repository server and performs compilation process; c. Source code is then compiled into machine code for each relevant platform on Windows, Linux, Android, and iOs; d. Incompatibilities or errors during compilation are handed; and e. Source code is verified or rectified as needed. After e-Lock's engineers compile the source code into object code in the United States, the continuous integration server automatically constructs installation packages for testing and executable files for various platforms. Finally, a plan for testing is developed and engineers perform software testing, unit and/or integration testing, regressions and/or performance testing, and acceptance testing. If the code passes the tests described above, the software-development phase is complete. E-Lock also provided information on the costs and time associated with writing the source code in Malaysia and compiling the object code in the United States. E-Lock also noted that U.S.-based subcontracts and personnel install, distribute, and provide technical support for the finished products after sale. E-Lock argues that the Malaysian source code is substantially transformed when it is compiled into usable object code in the United States and that the country of origin for government-procurement purposes is thus the United States. ISSUE: Whether the four software products are products of the United States for government-procurement purposes. LAW & ANALYSIS: Pursuant to Subpart B of Part 177, 19 C.F.R. Sec. 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. Sec. 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. Sec. 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 C.F.R. Sec. 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 Procurement Regulations. See 19 C.F.R. Sec. 177.21. In this regard, CBP recognizes that the Federal Procurement 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. The Federal Procurement Regulations define ``U.S.-made end product'' as: [A]n 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 distin0ct from that of the article or articles from which it was transformed. See 48 C.F.R. Sec. 25.403(c)(1). The issue in this case is whether e-Lock's Malaysian-developed source code is substantially transformed in the United States when engineers compile it into object code and load it onto U.S.-origin disks. E-Lock argues that the source code is ``substantially different in nature, function, name and character than the final product after code compilation.'' Thus, according to e-Lock, the finished software is substantially transformed in the United States and the country of origin for government-procurement purposes is the United States. The ``source code'' written in Malaysia and the ``object code'' compiled in the United States differ in several important ways. Source code is a ``computer program written in a high level human readable language.'' See, e.g., Daniel S. Lin, Matthew Sag, and Ronald S. Laurie, Source Code versus Object Code: Patent Implications for the Open Source Community, 18 Santa Clara High Tech. L.J. 235, 238 (2001). While it is easier for humans to read and write programs in ``high level human readable languages,'' computers cannot execute these programs. See Note, Copyright Protection of Computer Program Object Code, 96 Harv. L. Rev. 1723, 1724 (1983). Computers can execute only ``object code,'' which is a program consisting of clusters of ``0'' and ``1'' symbols. Id. Programmers create object code from source code by feeding it into a program known as a ``compiler.'' Id. Thus, step (1), the writing of source code in Malaysia, involves the creation of computer instructions in a high level human readable language, whereas step (2), which is performed in the United States, involves the compilation of those instructions into a format that computers can execute. CBP has consistently held that conducting a ``software build''-- i.e., compiling source code into object code--results in a substantial transformation. See, e.g., Headquarters Ruling (``HQ'') H192146, dated June 8, 2012 (holding that ``software is substantially transformed into a new article with a new name, character and use in the country where the software build is performed''). For example, e-Lock cites HQ H243606, dated Dec. 4, 2013, in which an importer developed DocAve Software, a comprehensive suite of applications for Microsoft SharePoint, in both the United States and China. While most of the source code was programmed in China, the source code was compiled into object code (i.e., ``built'') in the United States. CBP held that ``the software build performed in the U.S. substantially transforms the software modules developed in China and the U.S. into a new article with a new name, character and use . . .''. The country of origin of DocAve Software was thus the United States for purposes of U.S. Government procurement. [[Page 8735]] As in H192146 and H243606, e-Lock also conducts a software build in the United States. This process is sufficient to create a new article with a new name, character and use: the name of the product changes from source code to object code, the character changes from computer code to finished software, and the use changes from instructions to an executable program. HOLDING: The country of origin of the finished software products is the United States for purposes of government procurement. Notice of this final determination will be given in the Federal Register, as required by 19 C.F.R. Sec. 177.29. Any party-at-interest other than the party which requested this final determination may request, pursuant to 19 C.F.R. Sec. 177.31, that CBP reexamine the matter anew and issue a new final determination. Pursuant to 19 C.F.R. Sec. 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, Joanne Roman Stump Acting Executive Director Regulations & Rulings Office of International Trade [FR Doc. 2016-03552 Filed 2-19-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices 8733
CBPL SUMMARY: This document provides HQ H268858
ASTM Title
No. notice that U.S. Customs and Border February 12, 2016
Protection (‘‘CBP’’) has issued a final
27–14 D2622 Standard Test Method for determination concerning the country of OT:RR:CTF:VS H268858 RMC
Sulfur in Petroleum Prod- origin of certain data protection
ucts. CATEGORY: Country of Origin
software products. Based upon the facts
27–46 D5002 Density of Crude Oils by Dan Minutillo
Digital Density Meter. presented, CBP has concluded that the Minutillo: A Law Corporation
27–48 D4052 Standard Test Method for country of origin of the software 841 Blossom Hill Road
Density and Relative Den- products is the United States for Second Floor
sity of Liquids by Digital purposes of U.S. Government P.O. Box 20698
Density Meter. procurement. San Jose, CA 95160
27–50 D93 Standard Test Methods for Re: U.S. Government Procurement;
Flash-Point by Pensky- DATES: The final determination was
Martens Closed Cup issued on February 12, 2016. A copy of Country of Origin of Data Protection
Tester. the final determination is attached. Any Software; Substantial
27–53 D2709 Standard Test Method for party-at-interest, as defined in 19 CFR Transformation
Water and Sediment in 177.22(d), may seek judicial review of Dear Mr. Minutillo:
Middle Distillate Fuels by this final determination no later than This is in response to your letter
Centrifuge. dated August 18, 2015, requesting a
27–54 D1796 Standard Test Method for
March 23, 2016.
final determination on behalf of e-Lock
Water and Sediment in FOR FURTHER INFORMATION CONTACT: Ross
Fuel Oils by the Cen- Corporation (‘‘e-Lock’’) pursuant to
Cunningham, Valuation and Special
trifuge Method. Subpart B of Part 177 of the U.S.
Programs Branch, Regulations and
27–58 D5191 Standard Test Method For Customs and Border Protection (‘‘CBP’’)
Rulings, Office of International Trade
Vapor Pressure of Petro- Regulations (19 C.F.R. part 177). Under
(202) 325–0034.
leum Products. these regulations, which implement
SUPPLEMENTARY INFORMATION: Notice is Title III of the Trade Agreements Act of
Anyone wishing to employ this entity hereby given that on February 12, 2016, 1979 (‘‘TAA’’), as amended (19 U.S.C.
to conduct laboratory analyses and pursuant to subpart B of Part 177, U.S. § 2511 et seq.), CBP issues country of
gauger services should request and Customs and Border Protection origin advisory rulings and final
receive written assurances from the Regulations (19 CFR part 177, subpart determinations as to whether an article
entity that it is accredited or approved B), CBP issued a final determination is or would be a product of a designated
by the U.S. Customs and Border concerning the country of origin of country or instrumentality for the
Protection to conduct the specific test or certain data protection software purposes of granting waivers of certain
gauger service requested. Alternatively, products known as WebALARM, ‘‘Buy American’’ restrictions in U.S. law
inquiries regarding the specific test or WebALARM [Embedded], TheGRID or for products offered for sale to the
gauger service this entity is accredited Basic, and TheGrid Beacon, which may U.S. Government. This final
or approved to perform may be directed be offered to the U.S. Government under determination concerns the country of
to the U.S. Customs and Border an undesignated government origin of four data-protection software
Protection by calling (202) 344–1060. procurement contract. This final products. As a U.S. importer, e-Lock is
The inquiry may also be sent to determination, HQ H268858, was issued a party-at-interest within the meaning of
CBPGaugersLabs@cbp.dhs.gov. Please under procedures set forth at 19 CFR 19 C.F.R. § 177.22(d)(1) and is entitled
reference the Web site listed below for part 177, subpart B, which implements to request this final determination.
a complete listing of CBP approved Title III of the Trade Agreements Act of
1979, as amended (19 U.S.C. 2511–18). FACTS:
gaugers and accredited laboratories.
http://www.cbp.gov/about/labs- In the final determination, CBP E-Lock is a Malaysia based developer
scientific/commercial-gaugers-and- concluded that the processing in the of cyber-security software that helps to
laboratories. United States results in a substantial prevent identity theft and threats to data
transformation. Therefore, the country integrity. This request concerns four
Dated: February 16, 2016.
of origin of the software products is the software products that e-Lock wishes to
Ira S. Reese, offer for sale to the federal government:
United States for purposes of U.S.
Executive Director, Laboratories and Government procurement. (1) WebALARM; (2) WebALARM
Scientific Services Directorate. [Embedded]; (3) TheGRID Basic; and (4)
Section 177.29, CBP Regulations (19
[FR Doc. 2016–03553 Filed 2–19–16; 8:45 am] TheGRID Beacon. The WebALARM
CFR 177.29), provides that a notice of
BILLING CODE 9111–14–P
final determination shall be published products are designed to protect files
in the Federal Register within 60 days and data from unauthorized changes.
of the date the final determination is The two products are similar except that
DEPARTMENT OF HOMELAND WebALARM [Embedded] is embedded
SECURITY issued. Section 177.30, CBP Regulations
(19 CFR 177.30), provides that any to become part of an integrated security
party-at-interest, as defined in 19 CFR package. TheGRID products provide
U.S. Customs and Border Protection
177.22(d), may seek judicial review of a user-identification and authentication
Notice of Issuance of Final final determination within 30 days of functionality and are designed to protect
mstockstill on DSK4VPTVN1PROD with NOTICES
Determination Concerning Certain publication of such determination in the against online theft by providing two-
Data Protection Software Products Federal Register. factor authentication and optional
mutual authentication. The two
Dated: February 12, 2016.
AGENCY: U.S. Customs and Border products are similar except that
Protection, Department of Homeland Joanne Roman Stump, TheGRID Beacon is designed for mobile
Security. Acting Executive Director, Regulations and applications.
Rulings, Office of International Trade. All four software products are
ACTION: Notice of final determination.
Attachment produced using the same three-step
VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1](https://thefederalregister.org/doc/81_FR_8767/page/1.svg)
![8734 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
process that essentially involves: (1) country of origin for government- nature, function, name and character
Writing the source code in Malaysia; (2) procurement purposes is thus the than the final product after code
compiling the source code into usable United States. compilation.’’ Thus, according to e-
object code in the United States; and (3) Lock, the finished software is
ISSUE:
installing the finished software on U.S.- substantially transformed in the United
origin discs in the United States. Whether the four software products States and the country of origin for
In a submission dated October 15, are products of the United States for government-procurement purposes is
2015, e-Lock provided additional government-procurement purposes. the United States.
information on the processes involved The ‘‘source code’’ written in
LAW & ANALYSIS:
in creating source code and compiling it Malaysia and the ‘‘object code’’
into object code in steps (1) and (2). Pursuant to Subpart B of Part 177, 19 compiled in the United States differ in
1. Writing e-Lock Source Code C.F.R. § 177.21 et seq., which several important ways. Source code is
a. Creating new source code project in implements Title III of the Trade a ‘‘computer program written in a high
e-Lock’s source code repository server; Agreements Act of 1979, as amended level human readable language.’’ See,
b. Using tools like Microsoft Visual (19 U.S.C. § 2511 et seq.), CBP issues e.g., Daniel S. Lin, Matthew Sag, and
Studio, Android Studio, Eclipse, Xcode, country of origin advisory rulings and Ronald S. Laurie, Source Code versus
and Text Editors, e-Lock’s software final determinations as to whether an Object Code: Patent Implications for the
programmer starts writing computer article is or would be a product of a Open Source Community, 18 Santa
code in C++, Java, and Objective-C designated country or instrumentality Clara High Tech. L.J. 235, 238 (2001).
languages; for the purposes of granting waivers of While it is easier for humans to read and
c. Designing graphical layout using certain ‘‘Buy American’’ restrictions in write programs in ‘‘high level human
Visual Studio, Android Studio, or U.S. law or practice for products offered readable languages,’’ computers cannot
Xcode; and for sale to the U.S. Government. execute these programs. See Note,
d. (b) and (c) above are prepared and Under the rule of origin set forth Copyright Protection of Computer
checked into source code repository under 19 U.S.C. § 2518(4)(B): Program Object Code, 96 Harv. L. Rev.
server. An article is a product of a country or 1723, 1724 (1983). Computers can
2. Compiling e-Lock Source Code into instrumentality only if (i) it is wholly execute only ‘‘object code,’’ which is a
Object Code the growth, product, or manufacture of program consisting of clusters of ‘‘0’’
a. The software builder signs into the that country or instrumentality, or (ii) in and ‘‘1’’ symbols. Id. Programmers
continuous integration (‘‘CI’’) server and the case of an article which consists in create object code from source code by
performs a ‘‘build’’ action; whole or in part of materials from feeding it into a program known as a
b. The CI server immediately checks another country or instrumentality, it ‘‘compiler.’’ Id. Thus, step (1), the
out the latest version of source code has been substantially transformed into writing of source code in Malaysia,
from the repository server and performs a new and different article of commerce involves the creation of computer
compilation process; with a name, character, or use distinct instructions in a high level human
c. Source code is then compiled into from that of the article or articles from readable language, whereas step (2),
machine code for each relevant platform which it was so transformed. which is performed in the United States,
on Windows, Linux, Android, and iOs; See also 19 C.F.R. § 177.22(a). involves the compilation of those
d. Incompatibilities or errors during In rendering advisory rulings and instructions into a format that
compilation are handed; and final determinations for purposes of computers can execute.
e. Source code is verified or rectified U.S. Government procurement, CBP CBP has consistently held that
as needed. applies the provisions of subpart B of conducting a ‘‘software build’’—i.e.,
After e-Lock’s engineers compile the Part 177 consistent with the Federal compiling source code into object
source code into object code in the Procurement Regulations. See 19 C.F.R. code—results in a substantial
United States, the continuous § 177.21. In this regard, CBP recognizes transformation. See, e.g., Headquarters
integration server automatically that the Federal Procurement Ruling (‘‘HQ’’) H192146, dated June 8,
constructs installation packages for Regulations restrict the U.S. 2012 (holding that ‘‘software is
testing and executable files for various Government’s purchase of products to substantially transformed into a new
platforms. Finally, a plan for testing is U.S.-made or designated country end article with a new name, character and
developed and engineers perform products for acquisitions subject to the use in the country where the software
software testing, unit and/or integration TAA. The Federal Procurement build is performed’’). For example, e-
testing, regressions and/or performance Regulations define ‘‘U.S.-made end Lock cites HQ H243606, dated Dec. 4,
testing, and acceptance testing. If the product’’ as: 2013, in which an importer developed
code passes the tests described above, [A]n article that is mined, produced, DocAve Software, a comprehensive
the software-development phase is or manufactured in the United States or suite of applications for Microsoft
complete. that is substantially transformed in the SharePoint, in both the United States
E-Lock also provided information on United States into a new and different and China. While most of the source
the costs and time associated with article of commerce with a name, code was programmed in China, the
writing the source code in Malaysia and character, or use distin0ct from that of source code was compiled into object
compiling the object code in the United the article or articles from which it was code (i.e., ‘‘built’’) in the United States.
States. E-Lock also noted that U.S.-based transformed. CBP held that ‘‘the software build
mstockstill on DSK4VPTVN1PROD with NOTICES
subcontracts and personnel install, See 48 C.F.R. § 25.403(c)(1). performed in the U.S. substantially
distribute, and provide technical The issue in this case is whether e- transforms the software modules
support for the finished products after Lock’s Malaysian-developed source developed in China and the U.S. into a
sale. code is substantially transformed in the new article with a new name, character
E-Lock argues that the Malaysian United States when engineers compile it and use . . .’’. The country of origin of
source code is substantially transformed into object code and load it onto U.S.- DocAve Software was thus the United
when it is compiled into usable object origin disks. E-Lock argues that the States for purposes of U.S. Government
code in the United States and that the source code is ‘‘substantially different in procurement.
VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1](https://thefederalregister.org/doc/81_FR_8767/page/2.svg)
![Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices 8735
As in H192146 and H243606, e-Lock 13, 2015. The next triennial inspection CBPL ASTM Title
also conducts a software build in the date will be scheduled for July 2018. No.
United States. This process is sufficient
FOR FURTHER INFORMATION CONTACT: 27–05 D4928 Standard Test Method for
to create a new article with a new name,
Approved Gauger and Accredited Water in Crude Oils by
character and use: the name of the
product changes from source code to Laboratories Manager, Laboratories and Coulometric Karl Fischer
Scientific Services Directorate, U.S. Titration.
object code, the character changes from 27–06 D473 Standard Test Method for
computer code to finished software, and Customs and Border Protection, 1300
Pennsylvania Avenue NW., Suite Sediment in Crude Oils
the use changes from instructions to an and Fuel Oils by the Ex-
executable program. 1500N, Washington, DC 20229, tel. 202–
traction Method.
344–1060.
27–08 D86 Standard Test Method for
HOLDING:
SUPPLEMENTARY INFORMATION: Notice is Distillation of Petroleum
The country of origin of the finished hereby given pursuant to 19 CFR 151.12 Products.
software products is the United States and 19 CFR 151.13, that AmSpec 27–11 D445 Standard Test Method for
for purposes of government Services, LLC, 4117 Montgomery St., Kinematic Viscosity of
procurement. Transparent and Opaque
Savannah, GA 31405, has been Liquids.
Notice of this final determination will approved to gauge petroleum and
be given in the Federal Register, as 27–13 D4294 Standard Test Method for
certain petroleum products and Sulfur in Petroleum and
required by 19 C.F.R. § 177.29. Any accredited to test petroleum and certain Petroleum Products by
party-at-interest other than the party petroleum products for customs Energy-Dispersive X-ray
which requested this final purposes, in accordance with the Fluorescence Spectrom-
determination may request, pursuant to provisions of 19 CFR 151.12 and 19 CFR etry.
19 C.F.R. § 177.31, that CBP reexamine 151.13. AmSpec Services, LLC is 27–20 D4057 Standard Practice for Man-
the matter anew and issue a new final ual Sampling of Petro-
approved for the following gauging
determination. Pursuant to 19 C.F.R. leum and Petroleum
procedures for petroleum and certain
§ 177.30, any party-at-interest may, Products.
petroleum products from the American
within 30 days of publication of the 27–48 D4052 Standard Test Method for
Petroleum Institute (API): Density and Relative Den-
Federal Register Notice referenced
above, seek judicial review of this final sity of Liquids by Digital
API Density Meter.
determination before the Court of Title
Chapters 27–50 D93 Standard Test Methods for
International Trade.
Flash-Point by Pensky-
Sincerely, 1 ........... Vocabulary. Martens Closed Cup
Joanne Roman Stump 3 ........... Tank Gauging. Tester.
Acting Executive Director Regulations & 7 ........... Temperature Determination. 27–53 D2709 Standard Test Method for
Rulings 8 ........... Sampling. Water and Sediment in
Office of International Trade 9 ........... Density Determinations. Middle Distillate Fuels by
[FR Doc. 2016–03552 Filed 2–19–16; 8:45 am]
11 ......... Physical Properties. Centrifuge.
12 ......... Calculations. 27–54 D1796 Standard Test Method for
BILLING CODE P
17 ......... Maritime Measurement. Water and Sediment in
Fuel Oils by the Cen-
trifuge Method.
DEPARTMENT OF HOMELAND AmSpec Services, LLC is accredited 27–58 D5191 Standard Test Method For
SECURITY for the following laboratory analysis Vapor Pressure of Petro-
procedures and methods for petroleum leum Products.
U.S. Customs and Border Protection and certain petroleum products set forth
by the U.S. Customs and Border
Accreditation and Approval of Amspec Anyone wishing to employ this entity
Protection Laboratory Methods (CBPL)
Services, LLC, as a Commercial to conduct laboratory analyses and
and American Society for Testing and
Gauger and Laboratory Materials (ASTM): gauger services should request and
receive written assurances from the
AGENCY: U.S. Customs and Border entity that it is accredited or approved
Protection, Department of Homeland CBPL ASTM Title by the U.S. Customs and Border
No.
Security.
Protection to conduct the specific test or
ACTION: Notice of accreditation and 27–01 D287 Standard Test Method for gauger service requested. Alternatively,
approval of AmSpec Services, LLC, as a API Gravity of crude Pe- inquiries regarding the specific test or
commercial gauger and laboratory. troleum and Petroleum
Products.
gauger service this entity is accredited
SUMMARY: Notice is hereby given, 27–02 D1298 Standard Practice for Den- or approved to perform may be directed
pursuant to CBP regulations, that sity, Relative Density to the U.S. Customs and Border
AmSpec Services, LLC, has been (Specific Gravity), or API Protection by calling (202) 344–1060.
approved to gauge petroleum and Gravity of Crude Petro- The inquiry may also be sent to
certain petroleum products and leum and Liquid Petro- CBPGaugersLabs@cbp.dhs.gov. Please
accredited to test petroleum and certain leum Products by Hy- reference the Web site listed below for
mstockstill on DSK4VPTVN1PROD with NOTICES
petroleum products for customs drometer Meter.
a complete listing of CBP approved
27–03 D4006 Standard Test Method for
purposes for the next three years as of gaugers and accredited laboratories.
Water in Crude Oil by
July 13, 2015. Distillation. http://www.cbp.gov/about/labs-
DATES: Effective Dates: The 27–04 D95 Standard Test Method for scientific/commercial-gaugers-and-
accreditation and approval of AmSpec Water in Petroleum Prod- laboratories.
Services, LLC, as commercial gauger ucts and Bituminous Ma-
and laboratory became effective on July terials by Distillation.
VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1](https://thefederalregister.org/doc/81_FR_8767/page/3.svg)
Document Created: 2016-02-19 23:57:09
Document Modified: 2016-02-19 23:57:09
| 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 February 12, 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 no later than March 23, 2016. | |
| Contact | Ross Cunningham, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-0034. | |
| FR Citation | 81 FR 8733 |
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