83 FR 34603 - Notice of Issuance of Final Determination Concerning Certain Insufflation Tubing

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

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range		34603-34605
FR Document		2018-15536

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

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34603-34605]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15536]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning Certain 
Insufflation Tubing

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 insufflation tubing. Based upon the facts 
presented, CBP has concluded that the country of origin of the 
insufflation tubing in question is China, for purposes of U.S. 
Government procurement.

DATES: The final determination was issued on July 13, 2018. 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 August 20, 2018.

FOR FURTHER INFORMATION CONTACT: Yuliya A. Gulis, Valuation and Special 
Programs Branch, Regulations and Rulings, Office of Trade, at (202) 
325-0042.

SUPPLEMENTARY INFORMATION: Notice is hereby given that on July 13, 
2018, pursuant to subpart B of Part 177, U.S. Customs and Border 
Protection Regulations (19 CFR part 177, subpart B), CBP issued a final 
determination concerning the country of origin of certain insufflation 
tubing imported by Global Resources International, Inc. from the 
Dominican Republic, which may be offered to the U.S. Government under 
an undesignated government procurement contract. This final 
determination, HQ H298148, was issued under procedures set forth at 19 
CFR part 177, subpart B, which implements Title III of the Trade 
Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final 
determination, CBP concluded that the country of origin of the 
insufflation tubing is China for purposes of U.S. Government 
procurement.
    Section 177.29, CBP Regulations (19 CFR 177.29), provides that a 
notice of final determination shall be published in the Federal 
Register within 60 days of the date the final determination is issued. 
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any 
party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial 
review of a final determination within 30 days of publication of such 
determination in the Federal Register.

    Dated: July 13, 2018.
Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.

HQ H298148

July 13, 2018

OT:RR:CTF:VS H298148 YAG

CATEGORY: Origin

Ms. Christi Roos, LCB

M-PACT Solutions
P.O. Box 30209
4294 Swinnea Road
Memphis, TN 38118

RE: U.S. Government Procurement; Country of Origin of Insufflation 
Tubing; Title III, Trade Agreements Act of 1979 (19 U.S.C. Sec.  
2511 et seq.); Subpart B, Part 177, CBP Regulations

Dear Ms. Roos:

    This is in response to your correspondence dated March 26, 2018, 
requesting a final determination, on behalf of Global Resources 
International, Inc. (``Global Resources''), concerning the country 
of origin of certain

[[Page 34604]]

insufflation tubing, pursuant to subpart B of Part 177 of the U.S. 
Customs and Border Protection (``CBP'') Regulations (19 C.F.R. Sec.  
177.21 et seq.).
    We note that Global Resources is a party-at-interest within the 
meaning of 19 C.F.R. Sec.  177.22(d)(1) and is entitled to request 
this final determination.

FACTS:

    Global Resources is the importer of insufflation tubing. 
Insufflation tubing is used to interconnect and deliver carbon 
dioxide gas (``CO2'') from the insufflator machine 
(CO2 ``gas pump'' or insufflator) to the patient during 
laparoscopic surgery. Insufflation tubing is typically 3 meters 
(around 10 feet) in length, composed of a long clear plastic tubing 
and a short blue plastic tubing, with a filter attached about 30 
centimeters (12 inches) from one end. The purpose of the filter is 
to prevent fluid backflow into the insufflator and to help prevent 
contaminants from entering the patient's abdominal cavity. One end 
of the tubing is comprised of a male Luer lock fitting, which always 
connects to an instrument that is inserted into the patient's 
abdomen. The other end connects to the insufflator, which may 
contain any number of types of fittings.
    The country of origin of the clear tubing, blue tubing, filter 
assembly, and fittings is China. The insufflation tubing is 
assembled, sterilized, packed, and labeled in the Dominican 
Republic.

ISSUE:

    What is the country of origin of the insufflation tubing for 
purposes of U.S. Government procurement?

LAW AND ANALYSIS:

    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, 
pursuant to subpart B of Part 177, 19 C.F.R. Sec.  177.21 et seq., 
which implements Title III of the Trade Agreements Act of 1979 
(``TAA''), as amended (19 U.S.C. Sec.  2511 et seq.).
    Under the rule of origin set forth under 19 U.S.C. Sec.  
2518(4)(B):
    An article is a product of a country or instrumentality only if 
(i) it is wholly the growth, product, or manufacture of that country 
or instrumentality, or (ii) in the case of an article which consists 
in whole or in part of materials from another country or 
instrumentality, it has been substantially transformed into a new 
and different article of commerce with a name, character, or use 
distinct from that of the article or articles from which it was so 
transformed.
See also 19 C.F.R. Sec.  177.22(a).
    In rendering advisory rulings and final determinations for 
purposes of U.S. Government procurement, CBP applies the provisions 
of subpart B of Part 177 consistent with the Federal Procurement 
Regulations. See 19 C.F.R. Sec.  177.21. In this regard, CBP 
recognizes that the Federal 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. The 
regulations define a ``designated country end product'' as:
    WTO GPA [World Trade Organization Government Procurement 
Agreement] country end product, an FTA [Free Trade Agreement] 
country end product, a least developed country end product, or a 
Caribbean Basin country end product.
    A ``WTO GPA country end product'' is defined as an article that:
    (1) Is wholly the growth, product, or manufacture of a WTO GPA 
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 a WTO GPA 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. The term refers 
to a product offered for purchase under a supply contract, but for 
purposes of calculating the value of the end product includes 
services (except transportation services) incidental to the article, 
provided that the value of those incidental services does not exceed 
that of the article itself.

See 48 C.F.R. Sec.  25.003.
    The Dominican Republic is a WTO GPA country. China is not. You 
assert that the insufflation tubing at issue is a product of the 
Dominican Republic for U.S. Government procurement purposes because 
all of the components of insufflation tubing, sourced from China, 
meet the requisite tariff shift rules under the Dominican Republic-
Central America-United States Free Trade Agreement (``DR-CAFTA''). 
Please note that this is an incorrect analysis to apply to determine 
the country of origin for U.S. Government procurement purposes. 
Rather, as set forth below, the relevant test is ``substantial 
transformation.''
    In the Court of International Trade's decision in Energizer 
Battery, Inc. v. United States, 190 F. Supp. 3d 1308 (2016), the 
court interpreted the meaning of substantial transformation as used 
in the Trade Agreements Act of 1979 for purposes of government 
procurement. Energizer involved the determination of the country of 
origin of a flashlight, referred to as the Generation II flashlight, 
under the TAA. Other than a white LED and a hydrogen getter, all of 
the components of the Generation II flashlight were of Chinese 
origin. The components were imported into the United States where 
they were assembled into the finished Generation II flashlight.
    The court reviewed the ``name, character and use'' test in 
determining whether a substantial transformation had occurred, and 
reviewed various court decisions involving substantial 
transformation determinations. The court noted, citing Uniroyal, 
Inc. v. United States, 3 CIT 220, 226, 542 F. Supp. 1026, 1031, 
aff'd, 702 F.2d 1022 (Fed. Cir. 1983), that when ``the post-
importation processing consists of assembly, courts have been 
reluctant to find a change in character, particularly when the 
imported articles do not undergo a physical change.'' Energizer at 
1318. In addition, the court noted that ``when the end-use was pre-
determined at the time of importation, courts have generally not 
found a change in use.'' Energizer at 1319, citing as an example, 
National Hand Tool Corp. v. United States, 16 CIT 308, 310, aff'd 
989 F.2d 1201 (Fed. Cir. 1993). Furthermore, courts have considered 
the nature of the assembly, i.e., whether it is a simple assembly or 
more complex, such that individual parts lose their separate 
identities and become integral parts of a new article.
    In reaching its decision in Energizer, the court examined 
whether the imported components retained their names after they were 
assembled into the finished Generation II flashlights. The court 
found ``[t]he constitutive components of the Generation II 
flashlight do not lose their individual names as a result [of] the 
post-importation assembly.'' The court also found that the 
components had a pre-determined end-use as parts and components of a 
Generation II flashlight at the time of importation and did not 
undergo a change in use due to the post-importation assembly 
process. Finally, the court did not find the assembly process to be 
sufficiently complex as to constitute a substantial transformation. 
Thus, the court found that Energizer's imported components did not 
undergo a change in name, character, or use as a result of the post-
importation assembly of the components into a finished Generation II 
flashlight. The court determined that China, the source of all but 
two components, was the correct country of origin of the finished 
Generation II flashlights under the government procurement 
provisions of the TAA.
    The assembly process of insufflation tubing is similar to that 
of the Generation II flashlight in Energizer. All of the components 
are sourced from China, and there is no evidence of a change in the 
shape or material composition of the components. See also 
Headquarters Ruling Letter (``HQ'') H035441, dated September 11, 
2008; and HQ 734214, dated November 18, 1991. In other words, the 
individual components do not lose their separate identities as a 
result of the assembly process in the Dominican Republic and do not 
undergo a change in their pre-determined uses. Considering the 
totality of the information provided to CBP, and relying upon the 
court's application of substantial transformation in Energizer, we 
find that the country of origin of the assembled insufflation 
tubing, produced as described herein, is China.

HOLDING:

    Based on the facts provided, insufflation tubing will be 
considered a product of China for purposes of U.S. Government 
procurement.
    Notice of this final determination will be given in the Federal 
Register, as required by 19 C.F.R. Sec.  177.29. Any party-at-
interest other than the party which requested this final 
determination may request, pursuant to 19 C.F.R. Sec.  177.31, that 
CBP reexamine the matter anew and issue a new final determination. 
Pursuant to 19 C.F.R. Sec.  177.30, any party-at-interest may, 
within 30 days of publication of the Federal Register Notice 
referenced above, seek judicial review of this final determination 
before the Court of International Trade.


[[Page 34605]]


Sincerely,
Alice A. Kipel,

Executive Director Regulations and Rulings Office of Trade.

[FR Doc. 2018-15536 Filed 7-19-18; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34603

information technology, e.g., permitting Estimated Number of Total Annual 177.22(d), may seek judicial review of
electronic submission of responses. The Responses: 34,006,000. this final determination within August
comments that are submitted will be Estimated Time per Response: 4 20, 2018.
summarized and included in the request minutes. FOR FURTHER INFORMATION CONTACT:
for approval. All comments will become Estimated Total Annual Burden Yuliya A. Gulis, Valuation and Special
a matter of public record. Hours: 2,278,402. Programs Branch, Regulations and
Verbal Declarations: Rulings, Office of Trade, at (202) 325–
Overview of This Information Estimated Number of Respondents:
Collection 0042.
233,000,000. SUPPLEMENTARY INFORMATION: Notice is
Title: Customs Declaration. Estimated Number of Total Annual hereby given that on July 13, 2018,
OMB Number: 1651–0009. Responses: 233,000,000. pursuant to subpart B of Part 177, U.S.
Form Number: CBP Form 6059B. Estimated Time per Response: 10 Customs and Border Protection
Abstract: CBP Form 6059B, Customs seconds. Regulations (19 CFR part 177, subpart
Declaration, is used as a standard report Estimated Total Annual Burden B), CBP issued a final determination
of the identity and residence of each Hours: 669,000. concerning the country of origin of
person arriving in the United States. APC Terminals: certain insufflation tubing imported by
This form is also used to declare Estimated Number of Respondents: Global Resources International, Inc.
imported articles to U.S. Customs and 70,000,000. from the Dominican Republic, which
Border Protection (CBP) in accordance Estimated Number of Total Annual may be offered to the U.S. Government
with 19 CFR 122.27, 148.12, 148.13, Responses: 70,000,000. under an undesignated government
148.110, 148.111; 31 U.S.C. 5316 and Estimated Time per Response: 2
procurement contract. This final
section 498 of the Tariff Act of 1930, as minutes.
determination, HQ H298148, was issued
amended (19 U.S.C. 1498). Estimated Total Annual Burden
Section 148.13 of the CBP regulations under procedures set forth at 19 CFR
Hours: 2,310,000.
prescribes the use of the CBP Form part 177, subpart B, which implements
MPC App:
6059B when a written declaration is Estimated Number of Respondents: Title III of the Trade Agreements Act of
required of a traveler entering the 500,000. 1979, as amended (19 U.S.C. 2511–18).
United States. Generally, written Estimated Number of Total Annual In the final determination, CBP
declarations are required from travelers Responses: 500,000. concluded that the country of origin of
arriving by air or sea. Section 148.12 Estimated Time per Response: 2 the insufflation tubing is China for
requires verbal declarations from minutes. purposes of U.S. Government
travelers entering the United States. Estimated Total Annual Burden procurement.
Section 177.29, CBP Regulations (19
Generally, verbal declarations are Hours: 16,500.
CFR 177.29), provides that a notice of
required from travelers arriving by land. Dated: July 17, 2018. final determination shall be published
CBP continues to find ways to improve Seth D. Renkema, in the Federal Register within 60 days
the entry process through the use of
Branch Chief, Economic Impact Analysis of the date the final determination is
mobile technology to ensure it is safe Branch, U.S. Customs and Border Protection. issued. Section 177.30, CBP Regulations
and efficient. To that end, CBP is testing
[FR Doc. 2018–15561 Filed 7–19–18; 8:45 am] (19 CFR 177.30), provides that any
the operational effectiveness of a
BILLING CODE 9111–14–P party-at-interest, as defined in 19 CFR
process which allows travelers to use a
177.22(d), may seek judicial review of a
mobile app to submit information to
final determination within 30 days of
CBP prior to arrival. This process, called DEPARTMENT OF HOMELAND publication of such determination in the
Mobile Passport Control (MPC) which is SECURITY Federal Register.
a mobile app that allows travelers to
self-segment upon arrival into the Dated: July 13, 2018.
U.S. Customs and Border Protection
United States—a process also known as Alice A. Kipel,
intelligent queuing. Another electronic Notice of Issuance of Final Executive Director, Regulations and Rulings,
process that CBP is testing in lieu of the Determination Concerning Certain Office of Trade.
paper 6059B is the Automated Passport Insufflation Tubing HQ H298148
Control (APC). This is a CBP program July 13, 2018
that facilitates the entry process for AGENCY: U.S. Customs and Border
travelers by providing self-service Protection, Department of Homeland OT:RR:CTF:VS H298148 YAG
kiosks in CBP’s Primary Inspection area Security.
CATEGORY: Origin
that travelers can use to make their ACTION: Notice of final determination.
Ms. Christi Roos, LCB
declaration.
SUMMARY: This document provides M–PACT Solutions
A sample of CBP Form 6059B can be
notice that U.S. Customs and Border P.O. Box 30209
found at: http://www.cbp.gov/travel/us-
Protection (‘‘CBP’’) has issued a final 4294 Swinnea Road
citizens/sample-declaration-form. Memphis, TN 38118
Current Actions: This submission is determination concerning the country of
being made to extend the expiration origin of certain insufflation tubing. RE: U.S. Government Procurement; Country
Based upon the facts presented, CBP has of Origin of Insufflation Tubing; Title III,
date of this information collection with Trade Agreements Act of 1979 (19 U.S.C.
no change to the burden hours or to the concluded that the country of origin of
daltland on DSKBBV9HB2PROD with NOTICES

the insufflation tubing in question is § 2511 et seq.); Subpart B, Part 177, CBP
information collected. Regulations
Type of Review: Extension (without China, for purposes of U.S. Government
Dear Ms. Roos:
change). procurement.
This is in response to your correspondence
Affected Public: Individuals. DATES: The final determination was dated March 26, 2018, requesting a final
CBP Form 6059B: issued on July 13, 2018. A copy of the determination, on behalf of Global Resources
Estimated Number of Respondents: final determination is attached. Any International, Inc. (‘‘Global Resources’’),
34,006,000. party-at-interest, as defined in 19 CFR concerning the country of origin of certain

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34604 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

insufflation tubing, pursuant to subpart B of purchase of products to U.S.-made or the end-use was pre-determined at the time
Part 177 of the U.S. Customs and Border designated country end products for of importation, courts have generally not
Protection (‘‘CBP’’) Regulations (19 C.F.R. acquisitions subject to the TAA. The found a change in use.’’ Energizer at 1319,
§ 177.21 et seq.). regulations define a ‘‘designated country end citing as an example, National Hand Tool
We note that Global Resources is a party- product’’ as: Corp. v. United States, 16 CIT 308, 310, aff’d
at-interest within the meaning of 19 C.F.R. WTO GPA [World Trade Organization 989 F.2d 1201 (Fed. Cir. 1993). Furthermore,
§ 177.22(d)(1) and is entitled to request this Government Procurement Agreement] courts have considered the nature of the
final determination. country end product, an FTA [Free Trade assembly, i.e., whether it is a simple
Agreement] country end product, a least assembly or more complex, such that
FACTS: individual parts lose their separate identities
developed country end product, or a
Global Resources is the importer of Caribbean Basin country end product. and become integral parts of a new article.
insufflation tubing. Insufflation tubing is A ‘‘WTO GPA country end product’’ is In reaching its decision in Energizer, the
used to interconnect and deliver carbon defined as an article that: court examined whether the imported
dioxide gas (‘‘CO2’’) from the insufflator (1) Is wholly the growth, product, or components retained their names after they
machine (CO2 ‘‘gas pump’’ or insufflator) to manufacture of a WTO GPA country; or were assembled into the finished Generation
the patient during laparoscopic surgery. (2) In the case of an article that consists in II flashlights. The court found ‘‘[t]he
Insufflation tubing is typically 3 meters whole or in part of materials from another constitutive components of the Generation II
(around 10 feet) in length, composed of a country, has been substantially transformed flashlight do not lose their individual names
long clear plastic tubing and a short blue in a WTO GPA country into a new and as a result [of] the post-importation
plastic tubing, with a filter attached about 30 different article of commerce with a name, assembly.’’ The court also found that the
centimeters (12 inches) from one end. The character, or use distinct from that of the components had a pre-determined end-use as
purpose of the filter is to prevent fluid article or articles from which it was parts and components of a Generation II
backflow into the insufflator and to help transformed. The term refers to a product flashlight at the time of importation and did
prevent contaminants from entering the offered for purchase under a supply contract, not undergo a change in use due to the post-
patient’s abdominal cavity. One end of the but for purposes of calculating the value of importation assembly process. Finally, the
tubing is comprised of a male Luer lock the end product includes services (except court did not find the assembly process to be
fitting, which always connects to an transportation services) incidental to the sufficiently complex as to constitute a
instrument that is inserted into the patient’s article, provided that the value of those substantial transformation. Thus, the court
abdomen. The other end connects to the incidental services does not exceed that of found that Energizer’s imported components
insufflator, which may contain any number the article itself. did not undergo a change in name, character,
of types of fittings. or use as a result of the post-importation
See 48 C.F.R. § 25.003.
The country of origin of the clear tubing, assembly of the components into a finished
The Dominican Republic is a WTO GPA
blue tubing, filter assembly, and fittings is Generation II flashlight. The court
country. China is not. You assert that the
China. The insufflation tubing is assembled, determined that China, the source of all but
insufflation tubing at issue is a product of the
sterilized, packed, and labeled in the two components, was the correct country of
Dominican Republic for U.S. Government
Dominican Republic. origin of the finished Generation II flashlights
procurement purposes because all of the
under the government procurement
ISSUE: components of insufflation tubing, sourced
provisions of the TAA.
from China, meet the requisite tariff shift
What is the country of origin of the The assembly process of insufflation tubing
rules under the Dominican Republic-Central
insufflation tubing for purposes of U.S. is similar to that of the Generation II
America-United States Free Trade Agreement
Government procurement? flashlight in Energizer. All of the components
(‘‘DR–CAFTA’’). Please note that this is an
are sourced from China, and there is no
LAW AND ANALYSIS: incorrect analysis to apply to determine the
evidence of a change in the shape or material
CBP issues country of origin advisory country of origin for U.S. Government
composition of the components. See also
rulings and final determinations as to procurement purposes. Rather, as set forth
Headquarters Ruling Letter (‘‘HQ’’) H035441,
whether an article is or would be a product below, the relevant test is ‘‘substantial dated September 11, 2008; and HQ 734214,
of a designated country or instrumentality for transformation.’’ dated November 18, 1991. In other words, the
the purposes of granting waivers of certain In the Court of International Trade’s individual components do not lose their
‘‘Buy American’’ restrictions in U.S. law or decision in Energizer Battery, Inc. v. United separate identities as a result of the assembly
practice for products offered for sale to the States, 190 F. Supp. 3d 1308 (2016), the court process in the Dominican Republic and do
U.S. Government, pursuant to subpart B of interpreted the meaning of substantial not undergo a change in their pre-determined
Part 177, 19 C.F.R. § 177.21 et seq., which transformation as used in the Trade uses. Considering the totality of the
implements Title III of the Trade Agreements Agreements Act of 1979 for purposes of information provided to CBP, and relying
Act of 1979 (‘‘TAA’’), as amended (19 U.S.C. government procurement. Energizer involved upon the court’s application of substantial
§ 2511 et seq.). the determination of the country of origin of transformation in Energizer, we find that the
Under the rule of origin set forth under 19 a flashlight, referred to as the Generation II country of origin of the assembled
U.S.C. § 2518(4)(B): flashlight, under the TAA. Other than a white insufflation tubing, produced as described
An article is a product of a country or LED and a hydrogen getter, all of the herein, is China.
instrumentality only if (i) it is wholly the components of the Generation II flashlight
growth, product, or manufacture of that were of Chinese origin. The components HOLDING:
country or instrumentality, or (ii) in the case were imported into the United States where Based on the facts provided, insufflation
of an article which consists in whole or in they were assembled into the finished tubing will be considered a product of China
part of materials from another country or Generation II flashlight. for purposes of U.S. Government
instrumentality, it has been substantially The court reviewed the ‘‘name, character procurement.
transformed into a new and different article and use’’ test in determining whether a Notice of this final determination will be
of commerce with a name, character, or use substantial transformation had occurred, and given in the Federal Register, as required by
distinct from that of the article or articles reviewed various court decisions involving 19 C.F.R. § 177.29. Any party-at-interest other
from which it was so transformed. substantial transformation determinations. than the party which requested this final
See also 19 C.F.R. § 177.22(a). The court noted, citing Uniroyal, Inc. v. determination may request, pursuant to 19
daltland on DSKBBV9HB2PROD with NOTICES

In rendering advisory rulings and final United States, 3 CIT 220, 226, 542 F. Supp. C.F.R. § 177.31, that CBP reexamine the
determinations for purposes of U.S. 1026, 1031, aff’d, 702 F.2d 1022 (Fed. Cir. matter anew and issue a new final
Government procurement, CBP applies the 1983), that when ‘‘the post-importation determination. Pursuant to 19 C.F.R.
provisions of subpart B of Part 177 consistent processing consists of assembly, courts have § 177.30, any party-at-interest may, within 30
with the Federal Procurement Regulations. been reluctant to find a change in character, days of publication of the Federal Register
See 19 C.F.R. § 177.21. In this regard, CBP particularly when the imported articles do Notice referenced above, seek judicial review
recognizes that the Federal Acquisition not undergo a physical change.’’ Energizer at of this final determination before the Court
Regulations restrict the U.S. Government’s 1318. In addition, the court noted that ‘‘when of International Trade.

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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34605

Sincerely, percent of the total eligible costs. Federal DEPARTMENT OF HOMELAND
Alice A. Kipel, funds provided under the Stafford Act for SECURITY
Executive Director Regulations and Rulings Public Assistance also will be limited to 75
Office of Trade. percent of the total eligible costs, with the Federal Emergency Management
[FR Doc. 2018–15536 Filed 7–19–18; 8:45 am] exception of projects that meet the eligibility Agency
BILLING CODE P
criteria for a higher Federal cost-sharing
[Internal Agency Docket No. FEMA–4370–
percentage under the Public Assistance
DR; Docket ID FEMA–2018–0001]
Alternative Procedures Pilot Program for
DEPARTMENT OF HOMELAND Debris Removal implemented pursuant to New Hampshire; Major Disaster and
SECURITY section 428 of the Stafford Act. Related Determinations
Further, you are authorized to make
Federal Emergency Management changes to this declaration for the approved AGENCY: Federal Emergency
Agency assistance to the extent allowable under the Management Agency, DHS.
Stafford Act. ACTION: Notice.
[Internal Agency Docket No. FEMA–4371–
DR; Docket ID FEMA–2018–0001] The Federal Emergency Management SUMMARY: This is a notice of the
Agency (FEMA) hereby gives notice that Presidential declaration of a major
New Hampshire; Major Disaster and disaster for the State of New Hampshire
Related Determinations pursuant to the authority vested in the
Administrator, under Executive Order (FEMA–4370–DR), dated June 8, 2018,
AGENCY: Federal Emergency 12148, as amended, James N. Russo, of and related determinations.
Management Agency, DHS. FEMA is appointed to act as the Federal DATES: The declaration was issued June
ACTION: Notice. Coordinating Officer for this major 8, 2018.
disaster. FOR FURTHER INFORMATION CONTACT:
SUMMARY: This is a notice of the Dean Webster, Office of Response and
Presidential declaration of a major The following areas of the State of
Recovery, Federal Emergency
disaster for the State of New Hampshire New Hampshire have been designated
Management Agency, 500 C Street SW,
(FEMA–4371–DR), dated June 8, 2018, as adversely affected by this major
Washington, DC 20472, (202) 646–2833.
and related determinations. disaster:
SUPPLEMENTARY INFORMATION: Notice is
DATES: The declaration was issued June Carroll, Rockingham, and Stafford Counties hereby given that, in a letter dated June
8, 2018. for Public Assistance. 8, 2018, the President issued a major
FOR FURTHER INFORMATION CONTACT: Carroll, Rockingham, and Stafford Counties disaster declaration under the authority
Dean Webster, Office of Response and for snow assistance under the Public of the Robert T. Stafford Disaster Relief
Recovery, Federal Emergency Assistance program for any continuous 48- and Emergency Assistance Act, 42
Management Agency, 500 C Street SW, hour period during or proximate to the U.S.C. 5121 et seq. (the ‘‘Stafford Act’’),
Washington, DC 20472, (202) 646–2833. incident period. as follows:
SUPPLEMENTARY INFORMATION: Notice is All areas within the State of New
Hampshire are eligible for assistance under I have determined that the damage in
hereby given that, in a letter dated June certain areas of the State of New Hampshire
8, 2018, the President issued a major the Hazard Mitigation Grant Program.
resulting from a severe storm and flooding
disaster declaration under the authority The following Catalog of Federal Domestic during the period of March 2–8, 2018, is of
of the Robert T. Stafford Disaster Relief Assistance Numbers (CFDA) are to be used sufficient severity and magnitude to warrant
and Emergency Assistance Act, 42 for reporting and drawing funds: 97.030, a major disaster declaration under the Robert
U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), Community Disaster Loans; 97.031, Cora T. Stafford Disaster Relief and Emergency
Brown Fund; 97.032, Crisis Counseling; Assistance Act, 42 U.S.C. 5121 et seq. (the
as follows:
97.033, Disaster Legal Services; 97.034, ‘‘Stafford Act’’). Therefore, I declare that such
I have determined that the damage in Disaster Unemployment Assistance (DUA); a major disaster exists in the State of New
certain areas of the State of New Hampshire 97.046, Fire Management Assistance Grant; Hampshire.
resulting from a severe winter storm and 97.048, Disaster Housing Assistance to In order to provide Federal assistance, you
snowstorm during the period of March 13– are hereby authorized to allocate from funds
Individuals and Households In Presidentially
14, 2018, is of sufficient severity and available for these purposes such amounts as
magnitude to warrant a major disaster Declared Disaster Areas; 97.049, you find necessary for Federal disaster
declaration under the Robert T. Stafford Presidentially Declared Disaster Assistance— assistance and administrative expenses.
Disaster Relief and Emergency Assistance Disaster Housing Operations for Individuals You are authorized to provide Public
Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford and Households; 97.050, Presidentially Assistance in the designated area and Hazard
Act’’). Therefore, I declare that such a major Declared Disaster Assistance to Individuals Mitigation throughout the State. Consistent
disaster exists in the State of New and Households—Other Needs; 97.036, with the requirement that Federal assistance
Hampshire. Disaster Grants—Public Assistance be supplemental, any Federal funds provided
In order to provide Federal assistance, you (Presidentially Declared Disasters); 97.039, under the Stafford Act for Hazard Mitigation
are hereby authorized to allocate from funds Hazard Mitigation Grant. will be limited to 75 percent of the total
available for these purposes such amounts as eligible costs. Federal funds provided under
you find necessary for Federal disaster Brock Long, the Stafford Act for Public Assistance also
assistance and administrative expenses. Administrator, Federal Emergency will be limited to 75 percent of the total
You are authorized to provide Public eligible costs, with the exception of projects
Management Agency.
Assistance in the designated areas and that meet the eligibility criteria for a higher
Hazard Mitigation throughout the State. You [FR Doc. 2018–15599 Filed 7–19–18; 8:45 am] Federal cost-sharing percentage under the
daltland on DSKBBV9HB2PROD with NOTICES

are further authorized to provide snow BILLING CODE 9111–23–P Public Assistance Alternative Procedures
assistance under the Public Assistance Pilot Program for Debris Removal
program for a limited period of time during implemented pursuant to section 428 of the
or proximate to the incident period. Stafford Act.
Consistent with the requirement that Federal Further, you are authorized to make
assistance be supplemental, any Federal changes to this declaration for the approved
funds provided under the Stafford Act for assistance to the extent allowable under the
Hazard Mitigation will be limited to 75 Stafford Act.

VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1

Document Created: 2018-07-20 01:18:33
Document Modified: 2018-07-20 01:18:33

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 July 13, 2018. 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 August 20, 2018.
Contact		Yuliya A. Gulis, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade, at (202) 325-0042.
FR Citation		83 FR 34603

83 FR 34603 - Notice of Issuance of Final Determination Concerning Certain Insufflation Tubing

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

Federal Register Volume 83, Issue 140 (July 20, 2018)

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