82 FR 14737 - Notice of Issuance of Final Determination Concerning a Gearmotor
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 82, Issue 54 (March 22, 2017)
U.S. Customs and Border Protection
Federal Register Volume 82, Issue 54 (March 22, 2017)
| Page Range | 14737-14740 | |
| FR Document | 2017-05647 |
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)] [Notices] [Pages 14737-14740] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05647] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning a Gearmotor 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 gearmotors known as the R47DRE90M4 gearmotors. Based upon the facts presented, CBP has concluded that the country of origin of the R47DRE90M4 gearmotor is the United States for purposes of U.S. Government procurement. DATES: The final determination was issued on March 16, 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 within April 21, 2017. FOR FURTHER INFORMATION CONTACT: Antonio J. Rivera, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade, at (202) 325-0226. SUPPLEMENTARY INFORMATION: Notice is hereby given that on March 16, 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 a certain gearmotor known as the R47DRE90M4 gearmotor, which may be offered to the U.S. Government under an undesignated government procurement contract. This final determination, HQ H282391, 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 imported components that are used to manufacture the R47DRE90M4 gearmotor are substantially transformed as a result of the assembly operations performed in the United States. Therefore, for purposes of U.S. Government procurement, the United States is the country of origin of the R47DRE90M4 gearmotor. 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 16, 2017. Alice A. Kipel, Executive Director, Regulations and Rulings, Office of Trade. Attachment HQ H282391 March 16, 2017 OT:RR:CTF:VS H282391 AJR Mr. C. Alexander Cable SEW-Eurodrive 1275 Old Spartanburg Hwy Lyman, SC 29365 RE: U.S. Government Procurement; Final Determination; Country of Origin; Gearmotors Dear Mr. Cable: This is in response to your letter, dated July 18, 2016, requesting a final determination on behalf of SEW-Eurodrive, Inc. (``SEW USA''), pursuant to subpart B of Part 177, Customs and Border Protection (``CBP'') Regulations (19 CFR 177.21 et seq.). 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 [[Page 14738]] 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 R47DRE90M4 gearmotor (``R47DRE90M4''). We note that SEW USA is a party- at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled to request this final determination. FACTS: SEW-Eurodrive is a group of worldwide companies that provide drive solutions for various applications in the automotive, building materials, and metal processing industry, among others. SEW-Eurodrive Gmbh & Co. KG (``SEW Germany'') is the parent company of SEW USA and other SEW-Eurodrive manufacturing plants around the world. SEW USA produces drive solution products, such as gearmotors, in the United States, incorporating SEW-Eurodrive-produced parts acquired from SEW Germany and other parts acquired from third-party vendors. Gearmotors, such as the R47DRE90M4, are mainly comprised of two subassemblies: A gear box and a motor. Because SEW-Eurodrive applies a modular design to its products, certain components are interchangeable and customizable as necessary to meet specifications. As a result, SEW- Eurodrive gearmotors have over 2.1 million configurations, with the average gearmotor consisting of approximately 100 to 120 individual unique components, such as gears, shafts, housings, stators, rotors, and end-shields. SEW USA seeks to sell the R47DRE90M4 to the U.S. Government. According to SEW USA, because the configurations may vary, it provides the following representative illustration of the R47DRE90M4 production process.\1\ --------------------------------------------------------------------------- \1\ SEW USA notes that other models and combinations are assembled similarly to this representative process. --------------------------------------------------------------------------- Procurement of Materials: SEW USA uses over 100 separate parts to assemble the R47DRE90M4. According to SEW USA, many of these parts are acquired from SEW Germany (``SEW Parts''). These parts include gears, housings, stators, rotors, shafts, and end shields that are produced at SEW-Eurodrive manufacturing plants in Brazil, China, France, Germany, and the United States, among other designated and non-designated countries. SEW USA states while the majority of the SEW Parts are produced in countries designated and approved pursuant to the TAA, SEW-Eurodrive's ``current system of inventory distribution to assembly centers makes it impossible to determine with specificity the country of origin for all component parts.'' For this reason, many of these SEW Parts are shipped to SEW Germany as inventory and then redistributed according to need. Additionally, SEW USA acquires other parts from third-party vendors (``Other Parts''). These parts include screws, nuts, bolts, shims, and rings. SEW USA considers the SEW Parts ``essential'' because they are the parts that SEW-Eurodrive must produce themselves, while the Other Parts are ubiquitous and can be purchased on the open market. For the gear box subassembly, SEW USA procures the following materials: One pinion; three gears (three types); two pinion shafts (two types); three output shafts (three types); six keys (six types); three oil seals (three types); at least six deep groove ball bearings (six types); eight circlips (eight types); two space tubes (two types); two breather valves (two types); one gear housing; one supporting disc; one eye bolt; one sealing compound; one cylindrical roller bearing; five screw plugs (one type); one gearcase cover; six hex head screws (one type); one gasket; two closing caps (two types); and, at least seven shims (seven types). For the motor subassembly, SEW USA procures the following materials: One rotor; one snap ring; five retaining rings (five types); four keys (four types); seven flanges (seven types); seven screw plugs (six types); two deep groove ball bearings (two types); eight machine screws (two types); one stator; four hex head screws (one type); four oil seals (four types); four fan guards (four types); two fans (two types); two aluminum fans (two types); one high inertia flywheel; one equalizing ring; one B-side bearing end shield; 20 hexagon nuts (five types); 28 studs (seven types); one oil flinger; one nameplate; two grooved pins (one type); one gasket for lower part; two terminal boxes for lower part (two types); ten screws (four types); one terminal block; three terminal clips (two types); one lock washer; one gasket for cover; one terminal box cover; one identification; one gasket; one drain hole plug; one protection canopy; four distance supports (one type); four pan head screws (one type); synthetic grease (quantity as needed); two bed plate kits (two types); and, one earth/ground terminal kit. Assembly of the Gearmotor Once SEW USA receives the materials for the R47DRE90M assembly, the parts are placed into stock locations at the facility in the United States. From there, the parts needed to build the motor subassembly are gathered and taken to the assembly cell. SEW USA then assembles the motor subassembly in accordance with the following standard: (1) the A-side end shield is heated; (2) the rotor is cleared and inspected; (3) two bearings are pressed onto the rotor shaft, and secured with hardware; (4) an oil drain is screwed into the A-side end shield; (5) the rotor is pressed into the A-side end shield; (6) the stator is placed on top of the rotor and into the end shield; (7) the B-side end shield is added along with the mounting hardware; (8) the two end shields and the stator are bolted together; (9) an oil seal is installed around the shaft and into the B-side end shield; (10) a fan is attached to the rotor shaft extension on the B-side and secured with hardware; (11) a fan cover is placed over the fan and secured to the stator; (12) a terminal box is assembled and attached to the stator with hardware; (13) an oil seal is placed in the A-side end shield; (14) an oil flinger is placed on the A-side shaft extension; and, (15) a pinion gear is placed onto the shaft with hardware to hold it in place. The completed motor subassembly is visually inspected, and then it is moved to the next assembly location in SEW USA's facility, along with the remaining parts needed to build the gear box subassembly. SEW USA then assembles the gear box subassembly in accordance with the following standard: (1) the pinion shaft has a bearing pressed onto it and hardware is then used to ensure accurate placement; (2) a spacer is added and then a key; (3) the shaft is placed into the housing along with the gear wheel that mates to the motor pinion; (4) another bearing is added and the whole input assembly is pressed together in the gear housing; (5) the output oil seal is prepared for further assembly; (6) the output shaft has a bearing pressed onto it; (7) a bearing is pressed into the housing and the output gear wheel is placed on top of it, with hardware holding both parts in place; (8) the output shaft is slid into the wheel, bearing, and housing and is then pressed into place; (9) hardware and shims are added to both the pinion and output shafts to ensure proper placement within the housing; [[Page 14739]] (10) the seals are assembled into the housing; (11) the oil plugs are added to the housing; and, (12) the inspection cover is placed onto the housing with an eye for moving the unit. The completed gear box subassembly is then mated together with the motor subassembly to form the R47DRE90M4 gearmotor. The gearmotor is tested to ensure that it runs in the proper manner, and then oil is added per customer specifications and in accordance with the mounting position. Afterwards, the unit is hung and painted. Once dried, the unit is packed with any additional accompanying parts, and shipped to the customer. According to SEW USA, the entire assembly requires approximately two hours. SEW USA states that this includes several quality checks throughout the process, and that each major action, such as the motor assembly or unit testing, must be signed off to ensure uniform quality of the product. SEW USA indicates that the process requires several skilled workers, who have previous experience or training in mechanics or gearing assembly. Particularly, the workers must have experience and expertise in assembly processes, which require operating presses, proper heating techniques for various tolerance fits, and use of assembly tooling. SEW USA notes the workers are trained until they reach the required proficiency in the operations, and this training process can take several weeks to a few months depending on the complexity of the assembly unit and experience of the worker. ISSUE: What is the country of origin of the R47DRE90M4 for the purpose of U.S. government procurement? LAW AND ANALYSIS: Pursuant to subpart B of Part 177, 19 CFR 177.21 et seq., which implements the 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 practice for products offered for sale to the U.S. Government. Under the rule of origin set forth under 19 U.S.C. 2518(4)(B): An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. See also, 19 CFR 177.22(a). In rendering advisory rulings and final determinations for purposes of U.S. government procurement, CBP applies the provisions of subpart B of Part 177 consistent with the Federal Acquisition Regulations. See 19 CFR 177.21. In this regard, CBP recognizes that the Federal Acquisition Regulations restrict the U.S. Government's purchase of products to U.S.-made or designated country end products for acquisitions subject to the TAA. See 48 CFR 25.403(c)(1). The Federal Acquisition Regulations define ``U.S.-made end product'' as: . . . an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. 48 CFR Sec. 25.003. In determining whether the combining of parts or materials constitutes a substantial transformation, 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. Belcrest Linens v. United States, 573 F. Supp. 1149 (Ct. Int'l Trade 1983), aff'd, 741 F.2d 1368 (Fed. Cir. 1984). Assembly operations that are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. Factors which may be relevant in this evaluation may include the nature of the operation (including the number of components assembled), the number of different operations involved, and whether a significant period of time, skill, detail, and quality control are necessary for the assembly operation. See C.S.D. 80-111, C.S.D. 85-25, C.S.D. 89-110, C.S.D. 89-118, C.S.D. 90-51, and C.S.D. 90-97. If the manufacturing or combining process is a minor one which leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026 (1982), aff'd 702 F. 2d 1022 (Fed. Cir. 1983). In order to determine whether a substantial transformation occurs when components of various origin are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item's components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. Additionally, factors such as the resources expended on product design and development, extent and nature of post-assembly inspection and testing procedures, and the degree of skill required during the actual manufacturing process may be relevant when determining whether a substantial transformation has occurred. No one factor is determinative. In a number of rulings (e.g., Headquarters Ruling Letter (``HRL'') 735608, dated April 27, 1995, and HRL 559089, dated August 24, 1995), CBP has stated: ``in our experience these inquiries are highly fact and product specific; generalizations are troublesome and potentially misleading. The determination is in this instance `a mixed question of technology and Customs law, mostly the latter.''' Texas Instruments, Inc. v. United States, 681 F.2d 778, 783 (CCPA 1982). SEW USA contends that the various components, imported into the United States for assembly of the R47DRE90M4, are substantially transformed during the processing which occurs in the United States. SEW USA notes that the assembly process is complex, requiring skilled workers, and that the various components cannot function until assembled into the completed gearmotor. In support, SEW USA cites to HRL 563236, dated July 6, 2005; HRL 557208, dated July 24, 1993; HRL 734979, dated September 3, 1993; HRL 73046, dated May 10, 1991; HRL 734560, dated July 20, 1992; HRL 559067, dated September 19, 2995; and, New York Ruling (``NY'') 872132, dated April 9, 1992. While the cases cited by SEW USA consider whether imported parts were substantially transformed due to assembly operations in the United States, the assembled products in these cited cases were telephones, except for NY 872132 (holding that Japanese gear boxes were substantially transformed in the United States when assembled with electronic motors to create a gearmotor). Similar to NY 872132, we note the following rulings, which we find are more analogous to the situation in this case. In HRL 559703, dated August 23, 1996, numerous parts were sourced from vendors located in the United States and/or other countries. These parts were then assembled into various [[Page 14740]] subassemblies, and then these subassemblies were assembled into aircraft engines, ultimately involving thousands of individual parts and a complex operation requiring specialized skill and expertise. It was held that these parts were substantially transformed as a result of the operations performed in the United States, leading to the production of an aircraft engine. In HRL H022169, dated May 2, 2008, a glider (consisting of a frame, finished cab, axels, and wheels) was imported into the United States and assembled with approximately 87 different component parts (including the essential parts: A motor, controller, and charger of Canadian origin; a gear box and axel of U.S. origin; and brakes of Indian origin) into an electric mini-truck. The process consisted of eight assembly work stations involving attachment and installation operations, as well as quality control and testing of the product. It was held that the imported glider and other foreign components were substantially transformed into an electric mini-truck by the assembly operations that took place in the United States. See also HRL 558919, dated March 20, 1995 (holding that an extruder subassembly manufactured in England was substantially transformed in the United States when it was wired and combined with U.S. components (motor, electrical controls and extruder screw) to create a vertical extruder, particularly noting that the imported extruder and U.S. components were functionally necessary to the operation of the vertical extruder); HRL H075667, dated January 21, 2010 (holding that 53 components were substantially transformed into an alternator by the assembly operations in the United States, noting the 169 minute, 31 step process involving skilled workers and the U.S.-origin of the regulator component); and, HRL 734292, dated May 26, 1992 (holding that imported components and subassemblies were substantially transformed into electronic motors in the United States, noting the U.S. origin of the stator component because of the extensive experience required for production of the stator). In this case, we find that the imported parts are substantially transformed as a result of the assembly operations in the United States. We note that building the R47DRE90M4 in the United States consists of assembling together 131 unique parts, and at least a total of 200 parts. Similarly to HRL 559703 and HRL H022169, production of the R47DRE90M4 requires importing numerous parts of various origins, which are used to first assemble the gear box and motor subassemblies, and then to assemble the complete gearmotor, through a complex operation with specialized skill and expertise. As noted in HRL H075667 and HRL 734292, the complex operation in this case involves at least 27 steps that take approximately two hours. We note that SEW USA's workers are hired with previous experience in mechanical fields, and undergo additional training by SEW USA, which may endure several weeks to a few months, in order to reach the proficiency in the assembly operations that is required by the company. Under the described assembly process, the foreign components lose their individual identities and become an integral part of a new article, the R47DRE90M4, possessing a new name, character and use. Based upon the information before us, we find that the components that are used to manufacture the R47DRE90M4 are substantially transformed as a result of the assembly operations performed in the United States, and that the country of origin of the R47DRE90M4 for government procurement purposes is the United States. HOLDING: The components that are used to manufacture the R47DRE90M4 are substantially transformed as a result of the assembly operations performed in the United States. Therefore, the country of origin of the R47DRE90M4 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 of 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. 2017-05647 Filed 3-21-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices 14737
Place: National Institutes of Health, 6701 Emphasis Panel NIAID; Clinical Trial Regulations (19 CFR part 177, subpart
Rockledge Drive, Bethesda, MD 20892 Planning Grants (R34). B), CBP issued a final determination
(Telephone Conference Call). Date: April 17, 2017. concerning the country of origin of a
Contact Person: Jonathan K Ivins, Ph.D., Time: 1:30 p.m. to 3:00 p.m. certain gearmotor known as the
Scientific Review Officer, Center for Agenda: To review and evaluate grant
Scientific Review, National Institutes of applications.
R47DRE90M4 gearmotor, which may be
Health, 6701 Rockledge Drive, Room 4040A, Place: National Institutes of Health, 5601 offered to the U.S. Government under an
MSC 7806, Bethesda, MD 20892, (301) 594– Fishers Lane, Rockville, MD 20892 undesignated government procurement
1245, ivinsj@csr.nih.gov. (Telephone Conference Call). contract. This final determination, HQ
This notice is being published less than 15 Contact Person: Nancy Vazquez- H282391, was issued under procedures
days prior to the meeting due to the timing Maldonado, Ph.D., Scientific Review Officer, set forth at 19 CFR part 177, subpart B,
limitations imposed by the review and Scientific Review Program, Division of which implements Title III of the Trade
funding cycle. Extramural Activities, Room 3F52B, National Agreements Act of 1979, as amended
Name of Committee: Center for Scientific Institutes of Health/NIAID, 5601 Fishers (19 U.S.C. 2511–18). In the final
Review Special Emphasis Panel. Lane, MSC 9834, Bethesda, MD 20892–9834,
(240) 669–5044, nvazquez@niaid.nih.gov.
determination, CBP concluded that
Member Conflict: Topics in Toxicology. imported components that are used to
Date: April 11, 2017. (Catalogue of Federal Domestic Assistance
Time: 1:00 p.m. to 3:00 p.m. Program Nos. 93.855, Allergy, Immunology,
manufacture the R47DRE90M4
Agenda: To review and evaluate grant and Transplantation Research; 93.856, gearmotor are substantially transformed
applications. Microbiology and Infectious Diseases as a result of the assembly operations
Place: National Institutes of Health, 6701 Research, National Institutes of Health, HHS) performed in the United States.
Rockledge Drive, Bethesda, MD 20892, Dated: March 16, 2017.
Therefore, for purposes of U.S.
(Telephone Conference Call). Government procurement, the United
Contact Person: Jonathan K Ivins, Ph.D., Natasha M. Copeland,
States is the country of origin of the
Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory R47DRE90M4 gearmotor.
Scientific Review, National Institutes of Committee Policy.
Section 177.29, CBP Regulations (19
Health, 6701 Rockledge Drive, Room 4040A, [FR Doc. 2017–05585 Filed 3–21–17; 8:45 am]
MSC 7806, Bethesda, MD 20892, (301) 594–
CFR 177.29), provides that a notice of
BILLING CODE 4140–01–P final determination shall be published
1245, ivinsj@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
in the Federal Register within 60 days
Program Nos. 93.306, Comparative Medicine; of the date the final determination is
93.333, Clinical Research, 93.306, 93.333,
DEPARTMENT OF HOMELAND issued. Section 177.30, CBP Regulations
93.337, 93.393–93.396, 93.837–93.844, SECURITY (19 CFR 177.30), provides that any
93.846– 93.878, 93.892, 93.893, National party-at-interest, as defined in 19 CFR
Institutes of Health, HHS) U.S. Customs and Border Protection 177.22(d), may seek judicial review of a
Dated: March 16, 2017. Notice of Issuance of Final final determination within 30 days of
David Clary, Determination Concerning a publication of such determination in the
Program Analyst, Office of Federal Advisory Gearmotor Federal Register.
Committee Policy. Dated: March 16, 2017.
AGENCY: U.S. Customs and Border Alice A. Kipel,
[FR Doc. 2017–05583 Filed 3–21–17; 8:45 am]
Protection, Department of Homeland
BILLING CODE 4140–01–P Executive Director, Regulations and Rulings,
Security. Office of Trade.
ACTION: Notice of final determination.
Attachment
DEPARTMENT OF HEALTH AND SUMMARY: This document provides
HUMAN SERVICES notice that U.S. Customs and Border HQ H282391
National Institutes of Health Protection (‘‘CBP’’) has issued a final March 16, 2017
determination concerning the country of OT:RR:CTF:VS H282391 AJR
National Institute of Allergy and origin of certain gearmotors known as Mr. C. Alexander Cable
Infectious Diseases; Notice of Closed the R47DRE90M4 gearmotors. Based SEW-Eurodrive
Meeting upon the facts presented, CBP has 1275 Old Spartanburg Hwy
concluded that the country of origin of Lyman, SC 29365
Pursuant to section 10(d) of the the R47DRE90M4 gearmotor is the RE: U.S. Government Procurement;
Federal Advisory Committee Act, as United States for purposes of U.S. Final Determination; Country of Origin;
amended (5 U.S.C. App.), notice is Government procurement. Gearmotors
hereby given of the following meeting. DATES: The final determination was Dear Mr. Cable:
The meeting will be closed to the issued on March 16, 2017. A copy of the This is in response to your letter,
public in accordance with the final determination is attached. Any dated July 18, 2016, requesting a final
provisions set forth in sections party-at-interest, as defined in 19 CFR determination on behalf of SEW-
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 177.22(d), may seek judicial review of Eurodrive, Inc. (‘‘SEW USA’’), pursuant
as amended. The grant applications and this final determination within April 21, to subpart B of Part 177, Customs and
the discussions could disclose 2017. Border Protection (‘‘CBP’’) Regulations
confidential trade secrets or commercial FOR FURTHER INFORMATION CONTACT: (19 CFR 177.21 et seq.). Under these
asabaliauskas on DSK3SPTVN1PROD with NOTICES
property such as patentable material, Antonio J. Rivera, Valuation and Special regulations, which implement Title III
and personal information concerning Programs Branch, Regulations and of the Trade Agreements Act of 1979
individuals associated with the grant Rulings, Office of Trade, at (202) 325– (‘‘TAA’’), as amended (19 U.S.C. § 2511
applications, the disclosure of which 0226. et seq.), CBP issues country of origin
would constitute a clearly unwarranted SUPPLEMENTARY INFORMATION: Notice is advisory rulings and final
invasion of personal privacy. hereby given that on March 16, 2017, determinations as to whether an article
Name of Committee: National Institute of pursuant to subpart B of Part 177, U.S. is or would be a product of a designated
Allergy and Infectious Diseases Special Customs and Border Protection country or instrumentality for the
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![14740 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices
subassemblies, and then these box and motor subassemblies, and then DEPARTMENT OF HOMELAND
subassemblies were assembled into to assemble the complete gearmotor, SECURITY
aircraft engines, ultimately involving through a complex operation with
thousands of individual parts and a specialized skill and expertise. As noted Federal Emergency Management
complex operation requiring specialized in HRL H075667 and HRL 734292, the Agency
skill and expertise. It was held that complex operation in this case involves [Docket ID: FEMA–2016–0025; OMB No.
these parts were substantially at least 27 steps that take approximately 1660–0026]
transformed as a result of the operations two hours. We note that SEW USA’s
performed in the United States, leading workers are hired with previous Agency Information Collection
to the production of an aircraft engine. Activities: Submission for OMB
experience in mechanical fields, and
In HRL H022169, dated May 2, 2008, Review; Comment Request; State
a glider (consisting of a frame, finished undergo additional training by SEW
USA, which may endure several weeks Administrative Plan for the Hazard
cab, axels, and wheels) was imported Mitigation Grant Program
into the United States and assembled to a few months, in order to reach the
with approximately 87 different proficiency in the assembly operations AGENCY: Federal Emergency
component parts (including the that is required by the company. Under Management Agency, DHS.
essential parts: A motor, controller, and the described assembly process, the ACTION: Notice.
charger of Canadian origin; a gear box foreign components lose their
and axel of U.S. origin; and brakes of individual identities and become an SUMMARY: The Federal Emergency
Indian origin) into an electric mini- integral part of a new article, the Management Agency (FEMA) will
truck. The process consisted of eight R47DRE90M4, possessing a new name, submit the information collection
assembly work stations involving character and use. Based upon the abstracted below to the Office of
attachment and installation operations, information before us, we find that the Management and Budget for review and
as well as quality control and testing of clearance in accordance with the
components that are used to
the product. It was held that the requirements of the Paperwork
manufacture the R47DRE90M4 are
imported glider and other foreign Reduction Act of 1995. The submission
substantially transformed as a result of will describe the nature of the
components were substantially the assembly operations performed in
transformed into an electric mini-truck information collection, the categories of
the United States, and that the country respondents, the estimated burden (i.e.,
by the assembly operations that took of origin of the R47DRE90M4 for
place in the United States. See also HRL the time, effort and resources used by
government procurement purposes is respondents to respond) and cost, and
558919, dated March 20, 1995 (holding
that an extruder subassembly the United States. the actual data collection instruments
manufactured in England was HOLDING: FEMA will use.
substantially transformed in the United DATES: Comments must be submitted on
States when it was wired and combined The components that are used to or before April 21, 2017.
with U.S. components (motor, electrical manufacture the R47DRE90M4 are ADDRESSES: Submit written comments
controls and extruder screw) to create a substantially transformed as a result of on the proposed information collection
vertical extruder, particularly noting the assembly operations performed in to the Office of Information and
that the imported extruder and U.S. the United States. Therefore, the Regulatory Affairs, Office of
components were functionally country of origin of the R47DRE90M4 Management and Budget. Comments
necessary to the operation of the vertical for government procurement purposes is should be addressed to the Desk Officer
extruder); HRL H075667, dated January the United States. for the Department of Homeland
21, 2010 (holding that 53 components Security, Federal Emergency
were substantially transformed into an Notice of this final determination will
be given in the Federal Register, as Management Agency, and sent via
alternator by the assembly operations in electronic mail to oira.submission@
the United States, noting the 169 required by 19 CFR 177.29. Any party-
omb.eop.gov.
minute, 31 step process involving at-interest other than the party which
requested this final determination may FOR FURTHER INFORMATION CONTACT:
skilled workers and the U.S.-origin of
the regulator component); and, HRL request, pursuant to 19 CFR 177.31, that Requests for additional information or
734292, dated May 26, 1992 (holding CBP reexamine the matter anew and copies of the information collection
that imported components and issue a new final determination. should be made to Director, Records
subassemblies were substantially Pursuant to 19 CFR 177.30, any party- Management Division, 500 C Street SW.,
transformed into electronic motors in at-interest may, within 30 days of Washington, DC 20472–3100, or email
the United States, noting the U.S. origin publication of the Federal Register address FEMA-Information-Collections-
of the stator component because of the Management@fema.dhs.gov.
Notice referenced above, seek judicial
extensive experience required for review of this final determination before SUPPLEMENTARY INFORMATION: This
production of the stator). the Court of International Trade. proposed information collection
In this case, we find that the imported previously published in the Federal
parts are substantially transformed as a Sincerely, Register on November 29, 2016, at 81
result of the assembly operations in the Alice A. Kipel, FR 85995, with a 60 day public
United States. We note that building the Executive Director, Regulations and Rulings, comment period. One comment was
asabaliauskas on DSK3SPTVN1PROD with NOTICES
R47DRE90M4 in the United States Office of Trade. submitted through Regulations.gov that
consists of assembling together 131 [FR Doc. 2017–05647 Filed 3–21–17; 8:45 am] was not related to this information
unique parts, and at least a total of 200 BILLING CODE P collection. FEMA also received requests
parts. Similarly to HRL 559703 and HRL for copies of the information collection
H022169, production of the and provided the information to the
R47DRE90M4 requires importing requesters. This 30 day notice includes
numerous parts of various origins, revisions to the estimates provided in
which are used to first assemble the gear the 60 day notice. FEMA updated the
VerDate Sep<11>2014 18:14 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1](https://thefederalregister.org/doc/82_FR_14791/page/4.svg)
Document Created: 2017-03-22 03:58:52
Document Modified: 2017-03-22 03:58:52
| 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 March 16, 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 within April 21, 2017. | |
| Contact | Antonio J. Rivera, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade, at (202) 325-0226. | |
| FR Citation | 82 FR 14737 |
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