82_FR_13509 82 FR 13462 - Notice of Issuance of Final Determination Concerning the WorkFit-TL Sit-Stand Desktop Workstation

82 FR 13462 - Notice of Issuance of Final Determination Concerning the WorkFit-TL Sit-Stand Desktop Workstation

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

Federal Register Volume 82, Issue 47 (March 13, 2017)

Page Range13462-13463
FR Document2017-04806

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of the WorkFit-TL Sit-Stand Desktop Workstation. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the WorkFit-TL Sit-Stand Desktop Workstation for purposes of U.S. government procurement.

Federal Register, Volume 82 Issue 47 (Monday, March 13, 2017)
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Notices]
[Pages 13462-13463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04806]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning the WorkFit-
TL Sit-Stand Desktop Workstation

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 the WorkFit-TL Sit-Stand Desktop Workstation. 
Based upon the facts presented, CBP has concluded in the final 
determination that the United States is the country of origin of the 
WorkFit-TL Sit-Stand Desktop Workstation for purposes of U.S. 
government procurement.

DATES: The final determination was issued on March 7, 2017. 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 April 12, 2017.

FOR FURTHER INFORMATION CONTACT: Elif Eroglu, Valuation and Special 
Programs Branch, Regulations and Rulings, Office of Trade (202) 325-
0277.

SUPPLEMENTARY INFORMATION: Notice is hereby given that on March 7, 
2017, 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 the WorkFit-TL Sit-
Stand Desktop Workstation which may be offered to the U.S. Government 
under an undesignated government procurement contract. This final 
determination, Headquarters Ruling Letter (``HQ'') H280512, 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, 
under the totality of the circumstances, the country of origin of the 
WorkFit-TL Sit-Stand Desktop Workstation 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: March 7, 2017.
Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.

Attachment

HQ H280512

March 07, 2017

OT:RR:CTF:VS H280512 EE

CATEGORY: Marking

Jim Noreault
Ergotron Inc.
1181 Trapp Road
Eagan, MN 55121

RE: U.S. Government Procurement; Title III, Trade Agreements Act of 
1979 (19 U.S.C. 2511); Subpart B, Part 177, CBP Regulations; 
WorkFit-TL Sit-Stand Desktop Workstation

Dear Mr. Noreault:

    This is in response to your correspondence of September 29, 2016 
requesting a final determination on behalf of Ergotron Inc. 
(``Ergotron''), pursuant to subpart B of Part 177, U.S. Customs and 
Border Protection (``CBP'') Regulations (19 CFR 177.21 et seq.). 
Under the pertinent regulations, which implement 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.
    This final determination concerns the country of origin of the 
WorkFit-TL Sit-Stand Desktop Workstation. We note that Ergotron is a 
party-at-interest within the meaning of 19 CFR 177.22(d)(1) and is 
entitled to request this final determination.

FACTS:

    The merchandise at issue is the WorkFit-TL Sit-Stand Desktop 
Workstation. You state that the WorkFit-TL is an ergonomic, height 
adjustable desk intended to help promote a healthy work environment 
by giving the user the ability to easily adjust between a standing 
or sitting positon. The WorkFit-TL can be adjusted by releasing the 
hand-brake levers on either side of the unit to position the surface 
higher or lower to accommodate sitting or standing position. The 
WorkFit-TL is assembled in the United States from U.S. and Chinese 
components. Ergotron received a country of origin marking ruling for 
the WorkFit-T Sit-Stand Desktop Workstation from the National 
Commodity Specialist Division (New York Ruling Letter (``NY'') 
N276731, dated July 15, 2016). You state that WorkFit-TL features a 
larger keyboard tray and wider work surface than the WorkFit-T but 
the products and the assembly processes are otherwise identical.
    You have submitted photographs, an assembly drawing, a process 
flow map, and two bills of materials for the WorkFit-TL. The first 
bill of materials is for materials utilized for all processing 
performed in the United States. The second bill of materials is for 
all processing performed in China. You state that of the total cost 
of production, 57 percent is attributable to materials of U.S. 
origin and U.S. labor costs (including overhead).
    You state that the WorkFit-TL is comprised of three main 
components: A Chinese origin lift assembly, a U.S. origin laminated 
particle board work surface and keyboard tray. The lift assembly 
consists of base metal and provides user assisted lift functionality 
by means of spring force to allow adjustment of the product between 
sitting and standing positions. The lift assembly from China is 
assembled with components fabricated in Ergotron's facility in the 
United States including the work surface, keyboard tray, right and 
left keyboard support brackets, and metal support bar. The design 
and development of the WorkFit-TL occurs in the United States. The 
production that occurs in the United States includes the following:

The right and left keyboard support brackets and metal support bar

     Laser cutting sheet metal components
     Press braking to bend sheet metal components to create 
the right and left brackets and the metal support bar
     Stud insertion into the sheet metal components
     Painting the sheet metal components
     Assembling the sheet metal components to the imported 
lift mechanism.

The work surface and keyboard tray

     Sawing raw Medium-Density Fiberboard (``MDF'') to the 
size of the work surface and keyboard tray
     Routing of profiles on the MDF sheets
     Sanding of MDF to prepare for the vinyl laminate
     Applying glue to the MDF
     Pressing the vinyl laminate onto the MDF

[[Page 13463]]

     Removing the excess laminate from the work surface and 
keyboard tray
     Removing the excess glue from the bottom of the work 
surface and keyboard tray
     Printing the Ergotron logo onto work surface
     Attaching the work surface and keyboard tray to the 
lift mechanism of Chinese origin.

ISSUE:

    What is the country of origin of the WorkFit-TL Sit-Stand 
Desktop Workstation for the 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 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, the determinative issue is the extent of 
operations performed and whether the parts lose their identity and 
become an integral part of the new article. See Belcrest Linens v. 
United States, 6 CIT 204 (1983), aff'd, 741 F.2d 1368 (Fed. Cir. 
1984). 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 HQ 561258, dated April 15, 1999, CBP determined that the 
assembly of numerous imported workstation components with the U.S.-
origin work surface, which was the essential and largest component 
of the workstation, 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 United States was a product of the United States for purposes 
of U.S. government procurement. The wood chest was assembled from 
over twenty U.S. and foreign components. Of the total cost of 
production, 40 percent was attributable to materials of U.S. origin, 
U.S. warehouse overhead and U.S. labor costs (including overhead). 
CBP held that the components that were 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 United States. See also HQ 731676, dated June 22, 
1989, (unfinished mahogany table legs and rails from the Philippines 
were substantially transformed in the United States when assembled 
into a table base with a U.S. origin wood veneered top).
    In the instant case, the lift assembly, manufactured in China, 
is assembled in the United States with laminated particle board work 
surface and keyboard tray, right and left keyboard support brackets, 
and metal support bar which are fabricated in the United States by 
Ergotron. The processes that occur in the United States include 
sawing, profiling, sanding, hot-pressing and trimming to manufacture 
the work surface and keyboard tray as well as laser-cutting, bending 
and painting of the sheet metal components followed by final 
assembly of the U.S. origin and the imported components. Based on 
the facts provided and consistent with the CBP rulings cited above, 
we find that the imported lift assembly is substantially transformed 
as a result of the assembly performed in the United States to 
produce the finished WorkFit-TL Sit-Stand Desktop Workstation. In 
support of this conclusion, we agree that the lift assembly is not 
functional to an end user by itself as it does not include the 
primary features of the U.S. origin work surface and keyboard tray 
which allow the work to be conducted, and without which, the lifting 
mechanism is incapable of being used as a workstation. Accordingly, 
we find that the country of origin of the WorkFit-TL Sit-Stand 
Desktop Workstation for purposes of U.S. Government procurement is 
the United States.

HOLDING:

    The country of origin of the WorkFit-TL Sit-Stand Desktop 
Workstation for government procurement purposes is the United 
States.
    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 after publication of the 
Federal Register notice referenced above, seek judicial review of 
this final determination before the Court of International Trade.

Sincerely,

Alice A. Kipel, Executive Director, Regulations and Rulings, Office 
of Trade

[FR Doc. 2017-04806 Filed 3-10-17; 8:45 am]
 BILLING CODE 9111-14-P



                                                  13462                         Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices

                                                    D. Federal Property Management Issues                 WorkFit-TL Sit-Stand Desktop                          CFR 177.22(d)(1) and is entitled to request
                                                    E. Impact of Regulatory Reform Initiatives            Workstation which may be offered to                   this final determination.
                                                       on ACHP Regulations                                the U.S. Government under an                          FACTS:
                                                  V. Historic Preservation Policy and Programs            undesignated government procurement
                                                    A. Building a More Inclusive Preservation                                                                      The merchandise at issue is the WorkFit-
                                                       Program: Youth Initiatives
                                                                                                          contract. This final determination,                   TL Sit-Stand Desktop Workstation. You state
                                                    B. Historic Preservation Legislation in the           Headquarters Ruling Letter (‘‘HQ’’)                   that the WorkFit-TL is an ergonomic, height
                                                       115th Congress                                     H280512, was issued under procedures                  adjustable desk intended to help promote a
                                                  IV. New Business                                        set forth at 19 CFR part 177, subpart B,              healthy work environment by giving the user
                                                  VI. Adjourn                                             which implements Title III of the Trade               the ability to easily adjust between a standing
                                                                                                          Agreements Act of 1979, as amended                    or sitting positon. The WorkFit-TL can be
                                                    The meetings of the ACHP are open                                                                           adjusted by releasing the hand-brake levers
                                                  to the public. If you need special                      (19 U.S.C. 2511–18). In the final
                                                                                                          determination, CBP concluded that,                    on either side of the unit to position the
                                                  accommodations due to a disability,                                                                           surface higher or lower to accommodate
                                                  please contact Cindy Bienvenue, 202–                    under the totality of the circumstances,              sitting or standing position. The WorkFit-TL
                                                  517–0202 or cbienvenue@achp.gov, at                     the country of origin of the WorkFit-TL               is assembled in the United States from U.S.
                                                  least seven (7) days prior to the meeting.              Sit-Stand Desktop Workstation is the                  and Chinese components. Ergotron received
                                                                                                          United States for purposes of U.S.                    a country of origin marking ruling for the
                                                     Authority: 54 U.S.C. 304102.                         Government procurement.                               WorkFit-T Sit-Stand Desktop Workstation
                                                    Dated: March 7, 2017.                                    Section 177.29, CBP Regulations (19                from the National Commodity Specialist
                                                  Javier E. Marques,                                      CFR 177.29), provides that a notice of                Division (New York Ruling Letter (‘‘NY’’)
                                                                                                          final determination shall be published                N276731, dated July 15, 2016). You state that
                                                  General Counsel.
                                                                                                          in the Federal Register within 60 days                WorkFit-TL features a larger keyboard tray
                                                  [FR Doc. 2017–04842 Filed 3–10–17; 8:45 am]                                                                   and wider work surface than the WorkFit-T
                                                  BILLING CODE 4310–K6–P
                                                                                                          of the date the final determination is                but the products and the assembly processes
                                                                                                          issued. Section 177.30, CBP Regulations               are otherwise identical.
                                                                                                          (19 CFR 177.30), provides that any                       You have submitted photographs, an
                                                                                                          party-at-interest, as defined in 19 CFR               assembly drawing, a process flow map, and
                                                  DEPARTMENT OF HOMELAND
                                                                                                          177.22(d), may seek judicial review of a              two bills of materials for the WorkFit-TL. The
                                                  SECURITY                                                                                                      first bill of materials is for materials utilized
                                                                                                          final determination within 30 days of
                                                                                                          publication of such determination in the              for all processing performed in the United
                                                  U.S. Customs and Border Protection                                                                            States. The second bill of materials is for all
                                                                                                          Federal Register.
                                                                                                                                                                processing performed in China. You state
                                                  Notice of Issuance of Final                               Dated: March 7, 2017.                               that of the total cost of production, 57
                                                  Determination Concerning the WorkFit-                   Alice A. Kipel,                                       percent is attributable to materials of U.S.
                                                  TL Sit-Stand Desktop Workstation                        Executive Director, Regulations and Rulings,          origin and U.S. labor costs (including
                                                                                                          Office of Trade.                                      overhead).
                                                  AGENCY:  U.S. Customs and Border                                                                                 You state that the WorkFit-TL is comprised
                                                  Protection, Department of Homeland                      Attachment                                            of three main components: A Chinese origin
                                                  Security.                                               HQ H280512                                            lift assembly, a U.S. origin laminated particle
                                                  ACTION: Notice of final determination.                                                                        board work surface and keyboard tray. The
                                                                                                          March 07, 2017
                                                                                                                                                                lift assembly consists of base metal and
                                                  SUMMARY:    This document provides                      OT:RR:CTF:VS H280512 EE                               provides user assisted lift functionality by
                                                  notice that U.S. Customs and Border                     CATEGORY: Marking                                     means of spring force to allow adjustment of
                                                  Protection (‘‘CBP’’) has issued a final                 Jim Noreault                                          the product between sitting and standing
                                                  determination concerning the country of                 Ergotron Inc.                                         positions. The lift assembly from China is
                                                  origin of the WorkFit-TL Sit-Stand                      1181 Trapp Road                                       assembled with components fabricated in
                                                                                                          Eagan, MN 55121                                       Ergotron’s facility in the United States
                                                  Desktop Workstation. Based upon the                                                                           including the work surface, keyboard tray,
                                                  facts presented, CBP has concluded in                   RE: U.S. Government Procurement; Title III,
                                                                                                               Trade Agreements Act of 1979 (19 U.S.C.          right and left keyboard support brackets, and
                                                  the final determination that the United                                                                       metal support bar. The design and
                                                  States is the country of origin of the                       2511); Subpart B, Part 177, CBP
                                                                                                                                                                development of the WorkFit-TL occurs in the
                                                                                                               Regulations; WorkFit-TL Sit-Stand
                                                  WorkFit-TL Sit-Stand Desktop                                 Desktop Workstation                              United States. The production that occurs in
                                                  Workstation for purposes of U.S.                                                                              the United States includes the following:
                                                                                                          Dear Mr. Noreault:
                                                  government procurement.                                                                                       The right and left keyboard support brackets
                                                                                                             This is in response to your correspondence            and metal support bar
                                                  DATES: The final determination was                      of September 29, 2016 requesting a final
                                                  issued on March 7, 2017. A copy of the                                                                           • Laser cutting sheet metal components
                                                                                                          determination on behalf of Ergotron Inc.
                                                  final determination is attached. Any                                                                             • Press braking to bend sheet metal
                                                                                                          (‘‘Ergotron’’), pursuant to subpart B of Part
                                                  party-at-interest, as defined in 19 CFR                                                                       components to create the right and left
                                                                                                          177, U.S. Customs and Border Protection
                                                                                                                                                                brackets and the metal support bar
                                                  177.22(d), may seek judicial review of                  (‘‘CBP’’) Regulations (19 CFR 177.21 et seq.).
                                                                                                                                                                   • Stud insertion into the sheet metal
                                                  this final determination no later than                  Under the pertinent regulations, which
                                                                                                                                                                components
                                                  April 12, 2017.                                         implement Title III of the Trade Agreements
                                                                                                                                                                   • Painting the sheet metal components
                                                                                                          Act of 1979, as amended (19 U.S.C. 2511 et
                                                  FOR FURTHER INFORMATION CONTACT: Elif                                                                            • Assembling the sheet metal components
                                                                                                          seq.), CBP issues country of origin advisory
                                                  Eroglu, Valuation and Special Programs                                                                        to the imported lift mechanism.
                                                                                                          rulings and final determinations as to
                                                  Branch, Regulations and Rulings, Office                 whether an article is or would be a product           The work surface and keyboard tray
                                                  of Trade (202) 325–0277.                                of a designated country or instrumentality for           • Sawing raw Medium-Density Fiberboard
mstockstill on DSK3G9T082PROD with NOTICES




                                                  SUPPLEMENTARY INFORMATION: Notice is                    the purposes of granting waivers of certain           (‘‘MDF’’) to the size of the work surface and
                                                  hereby given that on March 7, 2017,                     ‘‘Buy American’’ restrictions in U.S. law or          keyboard tray
                                                                                                          practice for products offered for sale to the            • Routing of profiles on the MDF sheets
                                                  pursuant to subpart B of Part 177, U.S.                 U.S. Government.                                         • Sanding of MDF to prepare for the vinyl
                                                  Customs and Border Protection                              This final determination concerns the              laminate
                                                  Regulations (19 CFR part 177, subpart                   country of origin of the WorkFit-TL Sit-Stand            • Applying glue to the MDF
                                                  B), CBP issued a final determination                    Desktop Workstation. We note that Ergotron               • Pressing the vinyl laminate onto the
                                                  concerning the country of origin of the                 is a party-at-interest within the meaning of 19       MDF



                                             VerDate Sep<11>2014   17:49 Mar 10, 2017   Jkt 241001   PO 00000   Frm 00035   Fmt 4703   Sfmt 4703   E:\FR\FM\13MRN1.SGM   13MRN1


                                                                                Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices                                                   13463

                                                     • Removing the excess laminate from the              renders a product with a new name,                    components. Based on the facts provided and
                                                  work surface and keyboard tray                          character, and use are primary considerations         consistent with the CBP rulings cited above,
                                                     • Removing the excess glue from the                  in such cases. Additionally, factors such as          we find that the imported lift assembly is
                                                  bottom of the work surface and keyboard tray            the resources expended on product design              substantially transformed as a result of the
                                                     • Printing the Ergotron logo onto work               and development, extent and nature of post-           assembly performed in the United States to
                                                  surface                                                 assembly inspection and testing procedures,           produce the finished WorkFit-TL Sit-Stand
                                                     • Attaching the work surface and keyboard            and the degree of skill required during the           Desktop Workstation. In support of this
                                                  tray to the lift mechanism of Chinese origin.           actual manufacturing process may be                   conclusion, we agree that the lift assembly is
                                                                                                          relevant when determining whether a                   not functional to an end user by itself as it
                                                  ISSUE:                                                  substantial transformation has occurred. No           does not include the primary features of the
                                                    What is the country of origin of the                  one factor is determinative.                          U.S. origin work surface and keyboard tray
                                                  WorkFit-TL Sit-Stand Desktop Workstation                   In Carlson Furniture Industries v. United          which allow the work to be conducted, and
                                                  for the purposes of U.S. Government                     States, 65 Cust. Ct. 474 (1970), the U.S.             without which, the lifting mechanism is
                                                  procurement?                                            Customs Court ruled that U.S. operations on           incapable of being used as a workstation.
                                                                                                          imported chair parts constituted a substantial        Accordingly, we find that the country of
                                                  LAW AND ANALYSIS:
                                                                                                          transformation, resulting in the creation of a        origin of the WorkFit-TL Sit-Stand Desktop
                                                     Pursuant to subpart B of Part 177, 19 CFR            new article of commerce. After importation,           Workstation for purposes of U.S. Government
                                                  177.21 et seq., which implements Title III of           the importer assembled, fitted, and glued the         procurement is the United States.
                                                  the Trade Agreements Act of 1979, as                    wooden parts together, inserted steel pins
                                                  amended (19 U.S.C. 2511 et seq.), CBP issues            into the key joints, cut the legs to length and       HOLDING:
                                                  country of origin advisory rulings and final            leveled them, and in some instances,                    The country of origin of the WorkFit-TL
                                                  determinations as to whether an article is or           upholstered the chairs and fitted the legs            Sit-Stand Desktop Workstation for
                                                  would be a product of a designated country              with glides and casters. The court                    government procurement purposes is the
                                                  or instrumentality for the purposes of                  determined that the importer had to perform           United States.
                                                  granting waivers of certain ‘‘Buy American’’            additional work on the imported chair parts             Notice of this final determination will be
                                                  restrictions in U.S. law or practice for                and add materials to create a functional              given in the Federal Register, as required by
                                                  products offered for sale to the U.S.                   article of commerce. The court found that the         19 CFR 177.29. Any party-at-interest other
                                                  Government.                                             operations were substantial in nature, and            than the party which requested this final
                                                     Under the rule of origin set forth under 19          more than the mere assembly of the parts              determination may request, pursuant to 19
                                                  U.S.C. 2518(4)(B):                                      together.                                             CFR 177.31, that CBP reexamine the matter
                                                  An article is a product of a country or                    In HQ 561258, dated April 15, 1999, CBP            anew and issue a new final determination.
                                                  instrumentality only if (i) it is wholly the            determined that the assembly of numerous              Pursuant to 19 CFR 177.30, any party-at-
                                                  growth, product, or manufacture of that                 imported workstation components with the              interest may, within 30 days after publication
                                                  country or instrumentality, or (ii) in the case         U.S.-origin work surface, which was the               of the Federal Register notice referenced
                                                  of an article which consists in whole or in             essential and largest component of the                above, seek judicial review of this final
                                                  part of materials from another country or               workstation, into finished workstations               determination before the Court of
                                                  instrumentality, it has been substantially              constituted a substantial transformation. CBP         International Trade.
                                                  transformed into a new and different article            held that the imported components lost their
                                                  of commerce with a name, character, or use              identity as leg brackets, drawer units, panels        Sincerely,
                                                  distinct from that of the article or articles           etc. when they were assembled together to             Alice A. Kipel, Executive Director,
                                                  from which it was so transformed.                       form a workstation. In HQ H083693, dated              Regulations and Rulings, Office of Trade
                                                  See also 19 CFR 177.22(a).                              March 23, 2010, CBP held that a certain               [FR Doc. 2017–04806 Filed 3–10–17; 8:45 am]
                                                     In rendering advisory rulings and final              wood chest assembled in the United States             BILLING CODE 9111–14–P
                                                  determinations for purposes of U.S.                     was a product of the United States for
                                                  Government procurement, CBP applies the                 purposes of U.S. government procurement.
                                                  provisions of subpart B of Part 177 consistent          The wood chest was assembled from over
                                                                                                                                                                DEPARTMENT OF HOMELAND
                                                  with Federal Acquisition Regulations. See 19            twenty U.S. and foreign components. Of the
                                                                                                          total cost of production, 40 percent was              SECURITY
                                                  CFR 177.21. In this regard, CBP recognizes
                                                  that the Federal Acquisition Regulations                attributable to materials of U.S. origin, U.S.
                                                                                                          warehouse overhead and U.S. labor costs               U.S. Customs and Border Protection
                                                  restrict the U.S. Government’s purchase of
                                                  products to U.S.-made or designated country             (including overhead). CBP held that the               [1651–0002]
                                                  end products for acquisitions subject to the            components that were used to manufacture
                                                  TAA. See 48 CFR 25.403(c)(1). The Federal               the wood chest, when combined with a U.S.             Agency Information Collection
                                                  Acquisition Regulations define ‘‘U.S.-made              origin laminate top, were substantially               Activities: General Declaration
                                                  end product’’ as:                                       transformed as a result of the assembly
                                                                                                          operations performed in the United States.            AGENCY:  U.S. Customs and Border
                                                  . . . an article that is mined, produced, or            See also HQ 731676, dated June 22, 1989,
                                                  manufactured in the United States or that is                                                                  Protection, Department of Homeland
                                                                                                          (unfinished mahogany table legs and rails             Security.
                                                  substantially transformed in the United                 from the Philippines were substantially
                                                  States into a new and different article of              transformed in the United States when                 ACTION: 60-Day notice and request for
                                                  commerce with a name, character, or use                 assembled into a table base with a U.S. origin        comments; extension of an existing
                                                  distinct from that of the article or articles           wood veneered top).                                   collection of information.
                                                  from which it was transformed.                             In the instant case, the lift assembly,
                                                  48 CFR 25.003.                                          manufactured in China, is assembled in the            SUMMARY:   U.S. Customs and Border
                                                     In order to determine whether a substantial          United States with laminated particle board           Protection (CBP) of the Department of
                                                  transformation occurs when components of                work surface and keyboard tray, right and left        Homeland Security (DHS) will be
                                                  various origins are assembled into completed            keyboard support brackets, and metal                  submitting the following information
                                                  products, the determinative issue is the                support bar which are fabricated in the               collection request to the Office of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  extent of operations performed and whether              United States by Ergotron. The processes that         Management and Budget (OMB) for
                                                  the parts lose their identity and become an             occur in the United States include sawing,
                                                                                                                                                                review and approval in accordance with
                                                  integral part of the new article. See Belcrest          profiling, sanding, hot-pressing and trimming
                                                  Linens v. United States, 6 CIT 204 (1983),              to manufacture the work surface and                   the Paperwork Reduction Act: General
                                                  aff’d, 741 F.2d 1368 (Fed. Cir. 1984). The              keyboard tray as well as laser-cutting,               Declaration (CBP Form 7507). CBP is
                                                  country of origin of the item’s components,             bending and painting of the sheet metal               proposing that this information
                                                  extent of the processing that occurs within a           components followed by final assembly of              collection be extended with no change
                                                  country, and whether such processing                    the U.S. origin and the imported                      to the burden hours or to the


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Document Created: 2018-02-01 14:57:29
Document Modified: 2018-02-01 14:57:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final determination.
DatesThe final determination was issued on March 7, 2017. 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 April 12, 2017.
ContactElif Eroglu, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202) 325- 0277.
FR Citation82 FR 13462 

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