82_FR_26611 82 FR 26503 - Notice of Issuance of Final Determination Concerning Certain Surgical and Isolation Gowns

82 FR 26503 - Notice of Issuance of Final Determination Concerning Certain Surgical and Isolation Gowns

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

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range26503-26504
FR Document2017-11839

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain surgical and isolation gowns. Based upon the facts presented, CBP has concluded in the final determination that the Dominican Republic is the country of origin of the surgical and isolation gowns for purposes of U.S. Government procurement.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26503-26504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11839]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning Certain 
Surgical and Isolation Gowns

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 surgical and isolation gowns. Based upon 
the facts presented, CBP has concluded in the final determination that 
the Dominican Republic is the country of origin of the surgical and 
isolation gowns for purposes of U.S. Government procurement.

DATES: The final determination was issued on May 31, 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 July 7, 2017.

FOR FURTHER INFORMATION CONTACT: Cynthia Reese, Valuation and Special 
Programs Branch, Regulations and Rulings, Office of Trade (202-325-
0046).

SUPPLEMENTARY INFORMATION: Notice is hereby given that on May 31, 2017, 
pursuant to Subpart B of part 177, Customs and Border Protection (CBP) 
Regulations (19 CFR part 177, subpart B), CBP issued a final 
determination concerning the country of origin of certain surgical and 
isolation gowns which may be offered to the United States Government 
under an undesignated government procurement contract. This final 
determination, in HQ H284665, was issued at the request of Global 
Resources International, Inc., 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 has concluded that, based upon the facts presented, 
certain surgical and isolation gowns which are produced in the 
Dominican Republic from foreign nonwoven fabric by cutting the fabric 
into components and assembly of those components in the Dominican 
Republic are products of the Dominican Republic for purposes of U.S. 
Government procurement.
    Section 177.29, CBP Regulations (19 CFR 177.29), provides that 
notice of final determinations shall be published in the Federal 
Register within 60 days of the date the final determination is issued. 
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any 
party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial 
review of a final determination within 30 days of publication of such 
determination in the Federal Register.

    Dated: May 31, 2017.
Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.

Attachment

HQ H284665
May 31, 2017

OT:RR:CTF:VS H284665 CMR

CATEGORY: Origin

Ms. Christi Roos, LCB
M-PACT Solutions
P.O. Box 30209
Memphis, TN 38118

RE: Government Procurement; Final Determination; Surgical and 
Isolation Gowns

    Dear Ms. Roos:
    This ruling is in response to your request of March 20, 2017, on 
behalf of your client, Global Resources International, Inc., for a 
country of origin determination for certain surgical and isolation 
gowns for purposes of government procurement under Title III of the 
Trade Agreements Act of 1979 (TAA), as amended (19 U.S.C. 2511 et 
seq.). Customs and Border Protection (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''

[[Page 26504]]

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 certain surgical and isolation gowns. As an importer of 
this merchandise, Global Resources International, Inc., is a party-
at-interest within the meaning of 19 CFR 177.23(a) and is entitled 
to request this final determination.

FACTS:

    The surgical and isolation gowns at issue were the subject of 
New York Ruling Letter (NY) N283263, dated March 7, 2017, which 
determined that these gowns are classified in subheading 6210.10.50, 
Harmonized Tariff Schedule of the United States (HTSUS). Samples of 
each type of gown were submitted to CBP and are described in NY 
N283263 as follows:
    The submitted sample, isolation gown, is constructed from 96% 
spunbonded polypropylene nonwoven fabric and 4% cotton knit fabric. 
The gown has a full back opening, long sleeves and a tie at the 
waist in the front of the gown that extends around the waist to 
fasten at the back. The garment will be used in the medical 
industry.
    The submitted sample, surgical gown, is constructed from 100% 
spunbonded polypropylene nonwoven fabric. The surgical gown has a 
hook and loop closure at the neck, long sleeves with knit cuffs and 
a full back opening. There is also a tie at the waist in the front 
of the gown that extends around the waist to fasten at the back. The 
garment will be used in the medical industry.
    Based on information from your initial ruling request, dated 
December 2, 2016, your supplemental submission, dated January 30, 
2017, NY N283263, and responses via email to our questions, the 
manufacturing process is as follows:
     Rolled nonwoven fabric from China, Vietnam, or India is 
shipped to the Dominican Republic.
     All other components including thread and cotton fabric 
for the cuffs will be manufactured in the Dominican Republic.
    In the Dominican Republic:
     The nonwoven fabric is laid on a cutting table and cut 
to specification using a cutting template.
     Components are cut from the fabric--body, left arm, 
right arm, ties.
     Arms are ultra-sonically welded to the body fabric or 
sewn.
     In the case of the isolation gowns, the knit cuffs are 
sewn to the arms.
     The gowns are folded, packaged and shipped to the 
United States.

ISSUE:

    What is the country of origin of the surgical and isolation 
gowns described herein for 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, Trade Agreements Act of 1979, as amended (19 
U.S.C. 2511-2518), 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 purpose 
of granting waivers of certain ``Buy American'' restrictions in U.S. 
law or practice for products offered for sale to the U.S. 
Government.
    The rule of origin set forth in 19 U.S.C. 2518(4)(B) states:
    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) defining ``country of origin'' in 
identical terms.

    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 CFR 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. See 48 CFR 25.403(c)(1).
    With regard to the articles at issue, your request involves 
determining whether the articles are products of the Dominican 
Republic. The Federal Acquisition Regulations define ``designated 
country'' as including a Free Trade Agreement (FTA) country, and 
includes the Dominican Republic in the list of FTA countries. 
Further, the regulations define ``Free Trade Agreement country end 
product'' to mean, in relevant part, an article that:
    (1) Is wholly the growth, product, or manufacture of a Free 
Trade Agreement (FTA) country; or
    (2) In the case of an article that consists in whole or in part 
of materials from another country, has been substantially 
transformed in an FTA country 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. . . .

See 48 CFR 25.003.

    As the articles at issue are not wholly the growth, product, or 
manufacture of the Dominican Republic, the substantial 
transformation standard as set forth in 19 U.S.C. 2518(4)(B) 
applies. As the articles at issue are textile products, the rules of 
origin for textile products for purposes of the customs laws and the 
administration of quantitative restrictions apply.
    In NY N283263, it was determined that the surgical and isolation 
gowns are classified in subheading 6210.10.50, HTSUS, and are not 
wholly obtained or produced in the Dominican Republic, their origin 
cannot be determined by application of 19 CFR 102.21(c)(1), i.e., 
wholly obtained or produced rule, and resort must be made to 19 CFR 
102.21(c)(2), which provides that the origin of a good is the 
country ``in which each foreign material incorporated in that good 
underwent an applicable change in tariff classification, and/or met 
any other requirement, specified for the good in paragraph (e) of 
[102.21].'' Section 102.21(e) provides, in pertinent part, for goods 
classifiable in heading 6210:
    (1) If the good consists of two or more component parts, a 
change to an assembled good of heading 6210 through 6212 from 
unassembled components, provided that the change is the result of 
the good being wholly assembled in a single country, territory, or 
insular possession.
* * * * *
    The nonwoven fabric is cut in the Dominican Republic into 
component parts, i.e., the body, left arm, right arm and ties. These 
components are wholly assembled in the Dominican Republic into 
finished gowns. In the case of the isolation gowns, another 
component, i.e., the rib knit cuffs, are included in the assembly 
process. As the gowns are wholly assembled in the Dominican 
Republic, pursuant to 19 CFR 102.21(c)(2), the country of origin of 
the gowns is the Dominican Republic for U.S. Government procurement 
purposes.

HOLDING:

    Based on the facts and analysis set forth above, for U.S. 
Government procurement purposes, the country of origin of the 
surgical and isolation gowns at issue is the Dominican Republic.
    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. 2017-11839 Filed 6-6-17; 8:45 am]
 BILLING CODE P



                                                                              Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices                                                26503

                                                attendance limited to space available.                  the statement to the Contact Person listed on          Regulations (19 CFR part 177, subpart
                                                Individuals who plan to attend and                      this notice. The statement should include the          B), CBP issued a final determination
                                                need special assistance, such as sign                   name, address, telephone number and when               concerning the country of origin of
                                                language interpretation or other                        applicable, the business or professional               certain surgical and isolation gowns
                                                                                                        affiliation of the interested person.
                                                reasonable accommodations, should                          In the interest of security, NIH has
                                                                                                                                                               which may be offered to the United
                                                notify the Contact Person listed below                  instituted stringent procedures for entrance           States Government under an
                                                in advance of the meeting.                              onto the NIH campus. All visitor vehicles,             undesignated government procurement
                                                   The meeting will be closed to the                    including taxicabs, hotel, and airport shuttles        contract. This final determination, in
                                                public as indicated below in accordance                 will be inspected before being allowed on              HQ H284665, was issued at the request
                                                with the provisions set forth in section                campus. Visitors will be asked to show one             of Global Resources International, Inc.,
                                                552b(c)(6), Title 5 U.S.C., as amended                  form of identification (for example, a                 under procedures set forth at 19 CFR
                                                for review, discussion, and evaluation of               government-issued photo ID, driver’s license,          part 177, subpart B, which implements
                                                individual intramural programs and                      or passport) and to state the purpose of their         Title III of the Trade Agreements Act of
                                                                                                        visit.
                                                projects conducted by the NATIONAL                                                                             1979, as amended (19 U.S.C. 2511–18).
                                                LIBRARY OF MEDICINE, including                          (Catalogue of Federal Domestic Assistance              In the final determination, CBP has
                                                                                                        Program No. 93.879, Medical Library
                                                consideration of personnel                              Assistance, National Institutes of Health,
                                                                                                                                                               concluded that, based upon the facts
                                                qualifications and performance, and the                 HHS).                                                  presented, certain surgical and isolation
                                                competence of individual investigators,                                                                        gowns which are produced in the
                                                the disclosure of which would                             Dated: June 1, 2017.                                 Dominican Republic from foreign
                                                constitute a clearly unwarranted                        Michelle Trout,                                        nonwoven fabric by cutting the fabric
                                                invasion of personal privacy.                           Program Analyst, Office of Federal Advisory            into components and assembly of those
                                                  Name of Committee: Board of Scientific                Committee Policy.                                      components in the Dominican Republic
                                                Counselors, Lister Hill National Center for             [FR Doc. 2017–11721 Filed 6–6–17; 8:45 am]             are products of the Dominican Republic
                                                Biomedical Communications.                              BILLING CODE 4140–01–P                                 for purposes of U.S. Government
                                                  Date: September 7–8, 2017.                                                                                   procurement.
                                                  Open: September 7, 2017, 9:00 a.m. to                                                                           Section 177.29, CBP Regulations (19
                                                12:00 p.m.                                              DEPARTMENT OF HOMELAND                                 CFR 177.29), provides that notice of
                                                  Agenda: Review of research and
                                                                                                        SECURITY                                               final determinations shall be published
                                                development programs and preparation of
                                                reports of the Lister Hill National Center for                                                                 in the Federal Register within 60 days
                                                Biomedical Communications.
                                                                                                        U.S. Customs and Border Protection                     of the date the final determination is
                                                  Place: National Library of Medicine,                                                                         issued. Section 177.30, CBP Regulations
                                                Building 38, 2nd Floor, The Lindberg Room,
                                                                                                        Notice of Issuance of Final                            (19 CFR 177.30), provides that any
                                                8600 Rockville Pike, Bethesda, MD 20892.                Determination Concerning Certain                       party-at-interest, as defined in 19 CFR
                                                  Closed: September 7, 2017, 12:00 p.m. to              Surgical and Isolation Gowns                           177.22(d), may seek judicial review of a
                                                4:30 p.m.                                                                                                      final determination within 30 days of
                                                  Agenda: To review and evaluate personal
                                                                                                        AGENCY:  U.S. Customs and Border
                                                                                                        Protection, Department of Homeland                     publication of such determination in the
                                                qualifications, performance, and competence
                                                                                                        Security.                                              Federal Register.
                                                of individual investigators.
                                                  Place: National Library of Medicine,                  ACTION: Notice of final determination.                   Dated: May 31, 2017.
                                                Building 38, 2nd Floor, The Lindberg Room,                                                                     Alice A. Kipel,
                                                8600 Rockville Pike, Bethesda, MD 20892.                SUMMARY:   This document provides                      Executive Director, Regulations and Rulings,
                                                  Closed: September 8, 2017, 9:00 a.m. to               notice that U.S. Customs and Border                    Office of Trade.
                                                10:00 a.m.                                              Protection (‘‘CBP’’) has issued a final
                                                  Agenda: To review and evaluate personal               determination concerning the country of                Attachment
                                                qualifications, performance, and competence             origin of certain surgical and isolation
                                                of individual investigators.                                                                                   HQ H284665
                                                  Place: National Library of Medicine,
                                                                                                        gowns. Based upon the facts presented,
                                                                                                        CBP has concluded in the final                         May 31, 2017
                                                Building 38, 2nd Floor, The Lindberg Room,                                                                     OT:RR:CTF:VS H284665 CMR
                                                8600 Rockville Pike, Bethesda, MD 20892.                determination that the Dominican
                                                  Contact Person: Karen Steely, Program                 Republic is the country of origin of the               CATEGORY: Origin
                                                Assistant, Lister Hill National Center for              surgical and isolation gowns for                       Ms. Christi Roos, LCB
                                                Biomedical Communications, National                     purposes of U.S. Government                            M–PACT Solutions
                                                Library of Medicine, Building 38A, Room                 procurement.                                           P.O. Box 30209
                                                7S707, Bethesda, MD 20892, 301–827–4385,                                                                       Memphis, TN 38118
                                                ksteely@mail.nih.gov.                                   DATES:  The final determination was                    RE: Government Procurement; Final
                                                  Open: September 8, 2017, 10:00 a.m. to                issued on May 31, 2017. A copy of the                    Determination; Surgical and Isolation
                                                11:30 a.m.                                              final determination is attached. Any                     Gowns
                                                  Agenda: Review of research and                        party-at-interest, as defined in 19 CFR                  Dear Ms. Roos:
                                                development programs and preparation of                 177.22(d), may seek judicial review of                   This ruling is in response to your request
                                                reports of the Lister Hill National Center for          this final determination within July 7,                of March 20, 2017, on behalf of your client,
                                                Biomedical Communications.                              2017.                                                  Global Resources International, Inc., for a
                                                  Place: National Library of Medicine,                                                                         country of origin determination for certain
                                                Building 38, 2nd Floor, The Lindberg Room,              FOR FURTHER INFORMATION CONTACT:                       surgical and isolation gowns for purposes of
                                                8600 Rockville Pike, Bethesda, MD 20892.                Cynthia Reese, Valuation and Special                   government procurement under Title III of
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Contact Person: Karen Steely, Program                 Programs Branch, Regulations and                       the Trade Agreements Act of 1979 (TAA), as
                                                Assistant, Lister Hill National Center for              Rulings, Office of Trade (202–325–                     amended (19 U.S.C. 2511 et seq.). Customs
                                                Biomedical Communications, National                     0046).                                                 and Border Protection (CBP) issues country
                                                Library of Medicine, Building 38A, Room                                                                        of origin advisory rulings and final
                                                7S707, Bethesda, MD 20892, 301–827–4385,                SUPPLEMENTARY INFORMATION:    Notice is                determinations as to whether an article is or
                                                ksteely@mail.nih.gov.                                   hereby given that on May 31, 2017,                     would be a product of a designated country
                                                  Any interested person may file written                pursuant to Subpart B of part 177,                     or instrumentality for the purposes of
                                                comments with the committee by forwarding               Customs and Border Protection (CBP)                    granting waivers of certain ‘‘Buy American’’



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                                                26504                         Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices

                                                restrictions in U.S. law or for products                restrictions in U.S. law or practice for               paragraph (e) of [102.21].’’ Section 102.21(e)
                                                offered for sale to the U.S. Government. This           products offered for sale to the U.S.                  provides, in pertinent part, for goods
                                                final determination concerns the country of             Government.                                            classifiable in heading 6210:
                                                origin of certain surgical and isolation gowns.            The rule of origin set forth in 19 U.S.C.             (1) If the good consists of two or more
                                                As an importer of this merchandise, Global              2518(4)(B) states:                                     component parts, a change to an assembled
                                                Resources International, Inc., is a party-at-              An article is a product of a country or             good of heading 6210 through 6212 from
                                                interest within the meaning of 19 CFR                   instrumentality only if (i) it is wholly the           unassembled components, provided that the
                                                177.23(a) and is entitled to request this final         growth, product, or manufacture of that                change is the result of the good being wholly
                                                determination.                                          country or instrumentality, or (ii) in the case        assembled in a single country, territory, or
                                                FACTS:                                                  of an article which consists in whole or in            insular possession.
                                                                                                        part of materials from another country or
                                                   The surgical and isolation gowns at issue                                                                   *       *    *     *      *
                                                                                                        instrumentality, it has been substantially
                                                were the subject of New York Ruling Letter                                                                        The nonwoven fabric is cut in the
                                                                                                        transformed into a new and different article
                                                (NY) N283263, dated March 7, 2017, which                                                                       Dominican Republic into component parts,
                                                                                                        of commerce with a name, character, or use
                                                determined that these gowns are classified in                                                                  i.e., the body, left arm, right arm and ties.
                                                                                                        distinct from that of the article or articles
                                                subheading 6210.10.50, Harmonized Tariff                                                                       These components are wholly assembled in
                                                                                                        from which it was so transformed.
                                                Schedule of the United States (HTSUS).                                                                         the Dominican Republic into finished gowns.
                                                Samples of each type of gown were                       See also 19 CFR 177.22(a) defining ‘‘country           In the case of the isolation gowns, another
                                                submitted to CBP and are described in NY                of origin’’ in identical terms.                        component, i.e., the rib knit cuffs, are
                                                N283263 as follows:                                        In rendering advisory rulings and final             included in the assembly process. As the
                                                   The submitted sample, isolation gown, is             determinations for purposes of U.S.                    gowns are wholly assembled in the
                                                constructed from 96% spunbonded                         Government procurement, CBP applies the                Dominican Republic, pursuant to 19 CFR
                                                polypropylene nonwoven fabric and 4%                    provisions of Subpart B of Part 177 consistent         102.21(c)(2), the country of origin of the
                                                cotton knit fabric. The gown has a full back            with the Federal Procurement Regulations.              gowns is the Dominican Republic for U.S.
                                                opening, long sleeves and a tie at the waist            See 19 CFR 177.21. In this regard, CBP                 Government procurement purposes.
                                                in the front of the gown that extends around            recognizes that the Federal Procurement                HOLDING:
                                                the waist to fasten at the back. The garment            Regulations restrict the U.S. Government’s
                                                will be used in the medical industry.                   purchase of products to U.S.-made or                      Based on the facts and analysis set forth
                                                   The submitted sample, surgical gown, is              designated country end products for                    above, for U.S. Government procurement
                                                constructed from 100% spunbonded                        acquisitions subject to the TAA. See 48 CFR            purposes, the country of origin of the surgical
                                                polypropylene nonwoven fabric. The surgical             25.403(c)(1).                                          and isolation gowns at issue is the
                                                gown has a hook and loop closure at the                    With regard to the articles at issue, your          Dominican Republic.
                                                neck, long sleeves with knit cuffs and a full           request involves determining whether the                  Notice of this final determination will be
                                                back opening. There is also a tie at the waist          articles are products of the Dominican                 given in the Federal Register, as required by
                                                in the front of the gown that extends around            Republic. The Federal Acquisition                      19 CFR 177.29. Any party-at-interest other
                                                the waist to fasten at the back. The garment            Regulations define ‘‘designated country’’ as           than the party which requested this final
                                                will be used in the medical industry.                   including a Free Trade Agreement (FTA)                 determination may request, pursuant to 19
                                                   Based on information from your initial               country, and includes the Dominican                    CFR 177.31, that CBP reexamine the matter
                                                ruling request, dated December 2, 2016, your            Republic in the list of FTA countries.                 anew and issue a new final determination.
                                                supplemental submission, dated January 30,              Further, the regulations define ‘‘Free Trade           Pursuant to 19 CFR 177.30, any party-at-
                                                2017, NY N283263, and responses via email               Agreement country end product’’ to mean, in            interest may, within 30 days after publication
                                                to our questions, the manufacturing process             relevant part, an article that:                        of the Federal Register notice referenced
                                                is as follows:                                             (1) Is wholly the growth, product, or               above, seek judicial review of this final
                                                   • Rolled nonwoven fabric from China,                 manufacture of a Free Trade Agreement                  determination before the Court of
                                                Vietnam, or India is shipped to the                     (FTA) country; or                                      International Trade.
                                                Dominican Republic.                                        (2) In the case of an article that consists in      Sincerely,
                                                   • All other components including thread              whole or in part of materials from another             Alice A. Kipel, Executive Director
                                                and cotton fabric for the cuffs will be                 country, has been substantially transformed            Regulations and Rulings
                                                manufactured in the Dominican Republic.                 in an FTA country into a new and different             Office of Trade
                                                   In the Dominican Republic:                           article of commerce with a name, character,
                                                                                                                                                               [FR Doc. 2017–11839 Filed 6–6–17; 8:45 am]
                                                   • The nonwoven fabric is laid on a cutting           or use distinct from that of the article or
                                                                                                        articles from which it was transformed. . . .          BILLING CODE P
                                                table and cut to specification using a cutting
                                                template.                                               See 48 CFR 25.003.
                                                   • Components are cut from the fabric—                   As the articles at issue are not wholly the
                                                body, left arm, right arm, ties.                                                                               DEPARTMENT OF HOMELAND
                                                                                                        growth, product, or manufacture of the
                                                   • Arms are ultra-sonically welded to the             Dominican Republic, the substantial
                                                                                                                                                               SECURITY
                                                body fabric or sewn.                                    transformation standard as set forth in 19
                                                   • In the case of the isolation gowns, the            U.S.C. 2518(4)(B) applies. As the articles at
                                                                                                                                                               U.S. Customs and Border Protection
                                                knit cuffs are sewn to the arms.                        issue are textile products, the rules of origin        [Docket No. USCBP–2017–0016]
                                                   • The gowns are folded, packaged and                 for textile products for purposes of the
                                                shipped to the United States.                           customs laws and the administration of                 Request for Applicants for
                                                ISSUE:                                                  quantitative restrictions apply.                       Appointment to the Commercial
                                                   What is the country of origin of the surgical           In NY N283263, it was determined that the           Customs Operations Advisory
                                                and isolation gowns described herein for                surgical and isolation gowns are classified in         Committee (COAC)
                                                purposes of U.S. Government procurement?                subheading 6210.10.50, HTSUS, and are not
                                                                                                        wholly obtained or produced in the                     AGENCY:  U.S. Customs and Border
                                                LAW AND ANALYSIS:                                       Dominican Republic, their origin cannot be             Protection, Department of Homeland
                                                   Pursuant to Subpart B of Part 177, 19 CFR            determined by application of 19 CFR
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               Security (DHS).
                                                177.21 et seq., which implements Title III,             102.21(c)(1), i.e., wholly obtained or
                                                Trade Agreements Act of 1979, as amended                produced rule, and resort must be made to              ACTION: Committee management; request
                                                (19 U.S.C. 2511–2518), CBP issues country of            19 CFR 102.21(c)(2), which provides that the           for applicants for appointment to the
                                                origin advisory rulings and final                       origin of a good is the country ‘‘in which             COAC.
                                                determinations as to whether an article is or           each foreign material incorporated in that
                                                would be a product of a designated country              good underwent an applicable change in                 SUMMARY:  U.S. Customs and Border
                                                or instrumentality for the purpose of granting          tariff classification, and/or met any other            Protection (CBP) is requesting that
                                                waivers of certain ‘‘Buy American’’                     requirement, specified for the good in                 individuals who are interested in


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Document Created: 2017-06-07 02:01:21
Document Modified: 2017-06-07 02:01:21
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 May 31, 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 July 7, 2017.
ContactCynthia Reese, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202-325- 0046).
FR Citation82 FR 26503 

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