83 FR 2168 - Notice of Domestic Interested Party Petitioner's Notice of Desire To Contest the Tariff Classification Determination of Certain Steel Tube Fittings

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

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2168-2169
FR Document		2018-00577

This document provides notice that a domestic interested party has filed a timely notice of its desire to contest a U.S. Customs and Border Protection decision regarding the classification of certain imported steel tube fittings.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2168-2169]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00577]



[[Page 2168]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[USCBP-2018-0001]


Notice of Domestic Interested Party Petitioner's Notice of Desire 
To Contest the Tariff Classification Determination of Certain Steel 
Tube Fittings

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of petitioner's notice of desire to contest 
classification determination.

-----------------------------------------------------------------------

SUMMARY: This document provides notice that a domestic interested party 
has filed a timely notice of its desire to contest a U.S. Customs and 
Border Protection decision regarding the classification of certain 
imported steel tube fittings.

DATES: January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Dwayne S. Rawlings, Tariff 
Classification and Marking Branch, Regulations and Rulings, Office of 
Trade, U.S. Customs and Border Protection at (202) 325-0092.

SUPPLEMENTARY INFORMATION: 

Background

    This document concerns the tariff classification of certain steel 
tube fittings by U.S. Customs and Border Protection (CBP) and the 
desire of a domestic interested party to contest CBP's classification 
decision.

Classification of Steel Tube Fittings

    Merchandise imported into the customs territory of the United 
States is classified under the Harmonized Tariff Schedule of the United 
States (HTSUS). The tariff classification of merchandise under the 
HTSUS is governed by the principles set forth in the General Rules of 
Interpretation (GRIs) and, in the absence of special language or 
context which otherwise requires, by the Additional U.S. Rules of 
Interpretation. The GRIs and the Additional U.S. Rules of 
Interpretation are part of the HTSUS and are to be considered statutory 
provisions of law for all purposes. See Section 1204 of the Omnibus 
Trade and Competitiveness Act of 1988, Public Law 100-418 (August 23, 
1988); 19 U.S.C. 3004(c).
    GRI 1 requires that classification be determined first according to 
the terms of the headings of the tariff schedule and any relative 
section or chapter notes and, provided such headings or notes do not 
otherwise require, then according to the other GRIs. See GRI 1, HTSUS 
(2017).
    GRI 6 prescribes that, for legal purposes, the classification of 
goods in the subheadings of a heading shall be determined according to 
the terms of those subheadings and any related subheading notes and, 
mutatis mutandis, according to GRIs 1 to 5, on the understanding that 
only subheadings at the same level are comparable. See GRI 6, HTSUS 
(2017).
    The Explanatory Notes to the Harmonized Commodity Description and 
Coding System (``Harmonized System'') represent the official 
interpretation of the World Customs Organization (established in 1952 
as the ``Customs Cooperation Council'') on the scope of each heading. 
See H.R. Conf. Rep. No. 100-576, 100th Cong., 2d Sess. 549 (1988), 
reprinted in 1988 U.S.C.C.A.N. 1547, 1582; Treasury Decision (T.D.) 89-
80, 54 FR 35127, 35128 (August 23, 1989). Although not binding on the 
contracting parties to the Harmonized System Convention or considered 
to be dispositive in the interpretation of the Harmonized System, it is 
CBP's position that the Explanatory Notes should be consulted on the 
proper scope of the Harmonized System. T.D. 89-80, 54 FR at 35128.
    In New York ruling letter (NY) E83408, dated July 8, 1999, a steel 
tube fitting from Taiwan is described as ``. . . a cold forged nonalloy 
steel male threaded connector body having a center hex nut, one flare 
tube end and one male pipe end. These tube fittings connect a piece of 
rigid tubing to a valve, manifold or another piece of rigid tubing in a 
hydraulic system.'' The U.S. Customs Service (U.S. Customs and Border 
Protection's predecessor agency) classified the steel tube fitting in 
subheading 7307.99.50, HTSUS (1999), which provides for ``Tube or pipe 
fittings (for example couplings, elbows, sleeves), of iron or steel: 
Other: Other: Other.'' In 1999, the column one, general rate of duty 
for subheading 7307.99.50, HTSUS, was 4.3 percent ad valorem.

Filing of Domestic Interested Party Petition

    On October 29, 2014, counsel filed a petition on behalf of Brennan 
Industries, Inc. (``Petitioner''), under section 516, Tariff Act of 
1930, as amended (19 U.S.C. 1516), requesting that CBP reclassify the 
articles under consideration (and as described in NY E83408) in 
subheading 8412.90.90, HTSUS (2014), which provides for ``Other engines 
and motors, and parts thereof: Parts: Other.'' The column one, general 
rate of duty for subheading 8412.90.90, HTSUS, in 1999, 2014 and today 
is free.
    On February 9, 2016, CBP published a Notice of Receipt of a 
Domestic Interested Party Petition in the Federal Register (81 FR 
6880). The notice invited written comments on the petition from 
interested parties. The comment period closed on April 11, 2016. One 
comment was timely received in response to this notice, which was 
submitted by the Petitioner. The comment reiterated the Petitioner's 
position that the merchandise is classified in subheading 8412.90.90, 
HTSUS, as other parts of other engines and motors.

Decision on Petition and Notice of Petitioner's Desire To Contest

    In HQ ruling letter H259349, dated October 5, 2016 (a copy of this 
ruling can be found online at https://www.regulations.gov under Docket 
No. USCBP-2016-0007), CBP denied the domestic party petition and 
affirmed the classification determination set forth in the previously 
issued ruling letter (i.e., NY E83408). Consistent with the 
determination in NY E83408, CBP determined in H259349 that the articles 
at issue are parts of general use of heading 7307, HTSUS, as defined by 
Note 2 to Section XV. Accordingly, these parts are excluded from 
Section XVI of the HTSUS because, by operation of Note 1(g) to Section 
XVI, a good cannot be a part of general use of Section XV and also be 
prima facie classifiable as a part in Section XVI.
    In HQ H259349, CBP also notified the Petitioner of its right to 
contest the decision by filing a notice with CBP indicating its desire 
to contest the decision, and that the notice must be filed not later 
than thirty days from the date of issuance of the ruling letter, 
pursuant to 19 U.S.C. 1516(c) and Sec.  175.23, CBP Regulations (19 CFR 
175.23).
    By letter dated November 2, 2016, the Petitioner filed a timely 
notice under 19 U.S.C. 1516(c) and 19 CFR 175.23 of its desire to 
contest CBP's decision in HQ H259349 regarding the classification of 
the steel tube fittings under consideration. The Petitioner has 
designated, under 19 U.S.C. 1516(c) and 19 CFR 175.23, eight (8) ports 
of entry where Petitioner believes that merchandise of the kind covered 
by the petition is being imported into the United States, and at which 
the Petitioner desires to protest. The ports of entry are as follows:

 Seattle, WA
 Tacoma, WA
 Long Beach, CA

[[Page 2169]]

 Los Angeles, CA
 New York, NY
 Savannah, GA
 Houston, TX
 Charleston, SC

    Upon application by the Petitioner to any of the Port Directors of 
the ports listed above, the Port Director(s) shall make available to 
the Petitioner information on merchandise of the kind covered by the 
petition (as described in NY E83408) entered after the date of 
publication of this notice in order that the petitioner may determine 
whether the entry presented raises the issue involved in the petition. 
See 19 U.S.C. 1516(c); 19 CFR 175.25. By this notice, Port Directors at 
these ports are directed to notify the Petitioner by mail when the 
first of such entries is liquidated. See 19 U.S.C. 1516(c) and 19 CFR 
175.25(b).

Authority

    This notice is published in accordance with 19 U.S.C. 1516(c) and 
Sec. Sec.  175.23 and 175.24 of the CBP Regulations (19 CFR 175.23-24).

    Dated: January 10, 2018.
Kevin K. McAleenan,
 Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2018-00577 Filed 1-12-18; 8:45 am]
 BILLING CODE 9111-14-P

2168 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

DEPARTMENT OF HOMELAND not otherwise require, then according to general rate of duty for subheading
SECURITY the other GRIs. See GRI 1, HTSUS 8412.90.90, HTSUS, in 1999, 2014 and
(2017). today is free.
U.S. Customs and Border Protection GRI 6 prescribes that, for legal On February 9, 2016, CBP published
purposes, the classification of goods in a Notice of Receipt of a Domestic
[USCBP–2018–0001]
the subheadings of a heading shall be Interested Party Petition in the Federal
Notice of Domestic Interested Party determined according to the terms of Register (81 FR 6880). The notice
Petitioner’s Notice of Desire To those subheadings and any related invited written comments on the
Contest the Tariff Classification subheading notes and, mutatis petition from interested parties. The
Determination of Certain Steel Tube mutandis, according to GRIs 1 to 5, on comment period closed on April 11,
Fittings the understanding that only 2016. One comment was timely received
subheadings at the same level are in response to this notice, which was
AGENCY: U.S. Customs and Border comparable. See GRI 6, HTSUS (2017). submitted by the Petitioner. The
Protection, Department of Homeland The Explanatory Notes to the comment reiterated the Petitioner’s
Security. Harmonized Commodity Description position that the merchandise is
ACTION: Notice of petitioner’s notice of and Coding System (‘‘Harmonized classified in subheading 8412.90.90,
desire to contest classification System’’) represent the official HTSUS, as other parts of other engines
determination. interpretation of the World Customs and motors.
Organization (established in 1952 as the
‘‘Customs Cooperation Council’’) on the Decision on Petition and Notice of
SUMMARY: This document provides Petitioner’s Desire To Contest
notice that a domestic interested party scope of each heading. See H.R. Conf.
has filed a timely notice of its desire to Rep. No. 100–576, 100th Cong., 2d Sess. In HQ ruling letter H259349, dated
contest a U.S. Customs and Border 549 (1988), reprinted in 1988 October 5, 2016 (a copy of this ruling
Protection decision regarding the U.S.C.C.A.N. 1547, 1582; Treasury can be found online at https://
classification of certain imported steel Decision (T.D.) 89–80, 54 FR 35127, www.regulations.gov under Docket No.
tube fittings. 35128 (August 23, 1989). Although not USCBP–2016–0007), CBP denied the
binding on the contracting parties to the domestic party petition and affirmed the
DATES: January 16, 2018.
Harmonized System Convention or classification determination set forth in
FOR FURTHER INFORMATION CONTACT: the previously issued ruling letter (i.e.,
considered to be dispositive in the
Dwayne S. Rawlings, Tariff interpretation of the Harmonized NY E83408). Consistent with the
Classification and Marking Branch, System, it is CBP’s position that the determination in NY E83408, CBP
Regulations and Rulings, Office of Explanatory Notes should be consulted determined in H259349 that the articles
Trade, U.S. Customs and Border on the proper scope of the Harmonized at issue are parts of general use of
Protection at (202) 325–0092. System. T.D. 89–80, 54 FR at 35128. heading 7307, HTSUS, as defined by
SUPPLEMENTARY INFORMATION: In New York ruling letter (NY) Note 2 to Section XV. Accordingly,
E83408, dated July 8, 1999, a steel tube these parts are excluded from Section
Background
fitting from Taiwan is described as XVI of the HTSUS because, by operation
This document concerns the tariff ‘‘. . . a cold forged nonalloy steel male of Note 1(g) to Section XVI, a good
classification of certain steel tube threaded connector body having a cannot be a part of general use of
fittings by U.S. Customs and Border center hex nut, one flare tube end and Section XV and also be prima facie
Protection (CBP) and the desire of a one male pipe end. These tube fittings classifiable as a part in Section XVI.
domestic interested party to contest connect a piece of rigid tubing to a In HQ H259349, CBP also notified the
CBP’s classification decision. valve, manifold or another piece of rigid Petitioner of its right to contest the
tubing in a hydraulic system.’’ The U.S. decision by filing a notice with CBP
Classification of Steel Tube Fittings
Customs Service (U.S. Customs and indicating its desire to contest the
Merchandise imported into the Border Protection’s predecessor agency) decision, and that the notice must be
customs territory of the United States is classified the steel tube fitting in filed not later than thirty days from the
classified under the Harmonized Tariff subheading 7307.99.50, HTSUS (1999), date of issuance of the ruling letter,
Schedule of the United States (HTSUS). which provides for ‘‘Tube or pipe pursuant to 19 U.S.C. 1516(c) and
The tariff classification of merchandise fittings (for example couplings, elbows, § 175.23, CBP Regulations (19 CFR
under the HTSUS is governed by the sleeves), of iron or steel: Other: Other: 175.23).
principles set forth in the General Rules Other.’’ In 1999, the column one, By letter dated November 2, 2016, the
of Interpretation (GRIs) and, in the general rate of duty for subheading Petitioner filed a timely notice under 19
absence of special language or context 7307.99.50, HTSUS, was 4.3 percent ad U.S.C. 1516(c) and 19 CFR 175.23 of its
which otherwise requires, by the valorem. desire to contest CBP’s decision in HQ
Additional U.S. Rules of Interpretation. H259349 regarding the classification of
The GRIs and the Additional U.S. Rules Filing of Domestic Interested Party the steel tube fittings under
of Interpretation are part of the HTSUS Petition consideration. The Petitioner has
and are to be considered statutory On October 29, 2014, counsel filed a designated, under 19 U.S.C. 1516(c) and
provisions of law for all purposes. See petition on behalf of Brennan Industries, 19 CFR 175.23, eight (8) ports of entry
Section 1204 of the Omnibus Trade and Inc. (‘‘Petitioner’’), under section 516, where Petitioner believes that
Competitiveness Act of 1988, Public Tariff Act of 1930, as amended (19 merchandise of the kind covered by the
daltland on DSKBBV9HB2PROD with NOTICES

Law 100–418 (August 23, 1988); 19 U.S.C. 1516), requesting that CBP petition is being imported into the
U.S.C. 3004(c). reclassify the articles under United States, and at which the
GRI 1 requires that classification be consideration (and as described in NY Petitioner desires to protest. The ports
determined first according to the terms E83408) in subheading 8412.90.90, of entry are as follows:
of the headings of the tariff schedule HTSUS (2014), which provides for • Seattle, WA
and any relative section or chapter notes ‘‘Other engines and motors, and parts • Tacoma, WA
and, provided such headings or notes do thereof: Parts: Other.’’ The column one, • Long Beach, CA

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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2169

• Los Angeles, CA DC 20503; fax:202–395–5806, Email: B. Solicitation of Public Comment
• New York, NY OIRA Submission@omb.eop.gov This notice is soliciting comments
• Savannah, GA FOR FURTHER INFORMATION CONTACT: from members of the public and affected
• Houston, TX Colette Pollard, Reports Management parties concerning the collection of
• Charleston, SC Officer, QMAC, Department of Housing information described in Section A on
Upon application by the Petitioner to and Urban Development, 451 7th Street the following:
any of the Port Directors of the ports SW, Washington, DC 20410; email (1) Whether the proposed collection
listed above, the Port Director(s) shall Colette.Pollard@hud.gov, or telephone of information is necessary for the
make available to the Petitioner 202–402–3400. This is not a toll-free proper performance of the functions of
information on merchandise of the kind number. Person with hearing or speech the agency, including whether the
covered by the petition (as described in impairments may access this number information will have practical utility;
NY E83408) entered after the date of through TTY by calling the toll-free (2) The accuracy of the agency’s
publication of this notice in order that Federal Relay Service at (800) 877–8339. estimate of the burden of the proposed
the petitioner may determine whether Copies of available documents collection of information;
the entry presented raises the issue submitted to OMB may be obtained (3) Ways to enhance the quality,
involved in the petition. See 19 U.S.C. from Ms. Pollard. utility, and clarity of the information to
1516(c); 19 CFR 175.25. By this notice, SUPPLEMENTARY INFORMATION: This be collected; and
Port Directors at these ports are directed notice informs the public that HUD is (4) Ways to minimize the burden of
to notify the Petitioner by mail when the seeking approval from OMB for the the collection of information on those
first of such entries is liquidated. See 19 information collection described in who are to respond: Including through
U.S.C. 1516(c) and 19 CFR 175.25(b). Section A. the use of appropriate automated
Authority The Federal Register notice that collection techniques or other forms of
solicited public comment on the information technology, e.g., permitting
This notice is published in electronic submission of responses.
accordance with 19 U.S.C. 1516(c) and information collection for a period of 60
days was published on September 12, HUD encourages interested parties to
§§ 175.23 and 175.24 of the CBP submit comment in response to these
Regulations (19 CFR 175.23–24). 2017 at 82 FR 42831.
questions.
Dated: January 10, 2018. A. Overview of Information Collection Authority: Section 3507 of the Paperwork
Kevin K. McAleenan, Title of Information Collection: FHA- Reduction Act of 1995, 44 U.S.C. Chapter 35.
Acting Commissioner, U.S. Customs and Insured Mortgage Loan Servicing of Dated: December 20, 2017.
Border Protection. Delinquent, Default and Foreclosure Colette Pollard,
[FR Doc. 2018–00577 Filed 1–12–18; 8:45 am] with Service Members Act. Department Reports Management Officer,
BILLING CODE 9111–14–P OMB Approval Number: 2502–0584. Office of the Chief Information Officer.
Type of Request: Extension of a [FR Doc. 2018–00593 Filed 1–12–18; 8:45 am]
currently approved collection. BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND Form Number:
URBAN DEVELOPMENT HUD–2008–5—FHA Save Your Home
Tips to Avoid Foreclosure Brochure DEPARTMENT OF HOUSING AND
[Docket No. FR–5997–N–85]
HUD 9539—Request for Occupied URBAN DEVELOPMENT
30-Day Notice of Proposed Information Conveyance [Docket No. FR–6001–N–39]
Collection: FHA-Insured Mortgage HUD 92070—Servicemembers Civil
Loan Servicing of Delinquent, Default Relief Act Notice Disclosure 60-Day Notice of Proposed Information
and Foreclosure With Service HUD 92068–A—Monthly Delinquent Collection: Budget-Based Rent
Members Act Loan Report Increases
AGENCY: Office of the Chief Information HUD–50012—Mortgagee’s Request for AGENCY: Office of Assistant Secretary for
Officer, HUD. Extensions of Time Housing—Federal Housing
ACTION: Notice. Description of the need for the Commissioner, HUD.
information and proposed use: This ACTION: Notice of proposed information
SUMMARY: HUD submitted the proposed information collection covers the collection.
information collection requirement mortgage loan servicing of FHA-insured
described below to the Office of loans that are delinquent, in default or SUMMARY: HUD is seeking approval from
Management and Budget (OMB) for in foreclosure. The data and information the Office of Management and Budget
review, in accordance with the provided is essential for managing (OMB) for the information collection
Paperwork Reduction Act. The purpose HUD’s programs and the FHA’s Mutual described below. In accordance with the
of this notice is to allow for 30 days of Mortgage Insurance Fund (MMI). Paperwork Reduction Act, HUD is
public comment. Respondents (i.e. affected public): requesting comment from all interested
DATES: Comments Due Date: February Business or other for-profit. parties on the proposed collection of
15, 2018. Estimated Number of Respondents: information. The purpose of this notice
7806. is to allow for 60 days of public
ADDRESSES: Interested persons are
comment.
daltland on DSKBBV9HB2PROD with NOTICES

invited to submit comments regarding Estimated Number of Responses:
this proposal. Comments should refer to 38,291,776. DATES: Comments Due Date: March 19,
the proposal by name and/or OMB Frequency of Response: On occasion. 2018.
Control Number and should be sent to: Average Hours per Response: 7 ADDRESSES: Interested persons are
HUD Desk Officer, Office of minutes to 8 minutes. invited to submit comments regarding
Management and Budget, New Total Estimated Burdens: this proposal. Comments should refer to
Executive Office Building, Washington, 3,984,411,694,068.48. the proposal by name and/or OMB

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Document Created: 2018-01-13 02:02:31
Document Modified: 2018-01-13 02:02:31

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 petitioner's notice of desire to contest classification determination.
Dates		January 16, 2018.
Contact		Dwayne S. Rawlings, Tariff Classification and Marking Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection at (202) 325-0092.
FR Citation		83 FR 2168

83 FR 2168 - Notice of Domestic Interested Party Petitioner's Notice of Desire To Contest the Tariff Classification Determination of Certain Steel Tube Fittings

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

Federal Register Volume 83, Issue 10 (January 16, 2018)

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