83 FR 9015 - Notice of Issuance of Final Determination Concerning Country of Origin of Aluminum Honeycomb Panels
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 83, Issue 42 (March 2, 2018)
U.S. Customs and Border Protection
Federal Register Volume 83, Issue 42 (March 2, 2018)
| Page Range | 9015-9017 | |
| FR Document | 2018-04279 |
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)] [Notices] [Pages 9015-9017] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04279] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning Country of Origin of Aluminum Honeycomb Panels 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 aluminum honeycomb panels. CBP has concluded in the final determination that for purposes of U.S. Government procurement the assembly of the parts in the United States does not substantially transform the aluminum panels. DATES: The final determination was issued on February 21, 2018. A copy of the final determination is attached. Any party-at-interest, as defined in 19 C.F.R. Sec. 177.22(d), may seek judicial review of this final determination within April 2, 2018. FOR FURTHER INFORMATION CONTACT: Joy Marie Virga, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202-325- 1511). SUPPLEMENTARY INFORMATION: Notice is hereby given that on 02/21/18, CBP issued a final determination concerning the aluminum honeycomb panels, which may be offered to the United States Government under an undesignated government procurement contract. The final determination, HQ H290528, was issued at the request of Aliva Chemica E Sistemi SRL, under procedures set forth at 19 C.F.R. Part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. Sec. 2511-18). In the final determination, CBP was asked to consider whether the cutting, bending, and assembly of aluminum parts constitutes a substantial transformation. In the final determination, CBP concluded that these activities do not constitute a substantial transformation and the origin of the honeycomb panels remains the original country of manufacturing. Section 177.29, CBP Regulations (19 C.F.R. Sec. 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 C.F.R. Sec. 177.30), provides that any party-at-interest, as defined in 19 C.F.R. Sec. 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the Federal Register. Dated: February 21, 2018. Alice A. Kipel, Executive Director, Regulations and Rulings, Office of Trade. HQ H290528 February 21, 201 OT:RR:CTF:VS: H290528 JMV CATEGORY: Origin Darlene Buro All Air Custom Brokers, Inc. 145-68 228th Street, 2nd Floor Springfield Gardens, NY11413 RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. Sec. 2511); Subpart B, Part 177, CBP Regulations; Country of Origin of Honeycomb Panels Dear Ms. Buro, This is in response to your request of June 5, 2017, on behalf of Aliva Chemica E Sistemi SRL (``Aliva'') for a final determination concerning the country of origin of a product that you refer to as ``aluminum honeycomb panels,'' pursuant to subpart B of Part 177, U.S. Customs and Border Protection (CBP) Regulations (19 C.F.R. Sec. 177.21, et seq.). As a foreign producer of merchandise, Aliva 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: The merchandise at issue are Aliva aluminum honeycomb panels, which will be used as architectural finished coating panels for wall and tunnel areas in train stations. The panels come in two variations: straight and curved. Each installed panel will contain a casing, a core, and two mounting blades. The casing The casing is a flat sheet of pre-painted aluminum alloy which will be supplied in both perforated and non-perforated variations as required for aesthetic appearance. The flat sheet is produced in Italy in dimensions of two feet in width and variable lengths. These aluminum alloy sheets are painted through a reverse coil process and will include anti-graffiti characteristics as required by the architectural specification. The sheets are then transferred to a specialized processing factory in Italy that cuts the sheet to the final dimensions, and bends three of the side edges to create the casing that will house the honeycomb core. Along one side of the casing, the edge is left flat and two bending lines are engraved on the back of this edge for reference during the production process in the United States. The casing will then be transported to a U.S. production facility to receive and secure the core. Workers at the U.S. production facility will also drill holes at prescribed locations to attach the core. The core The core consists of two hard layers called skins and a layer of aluminum honeycomb made up of 3000 series aluminum alloy with hexagonal cells that are 80 microns thick. The skins can either be coated with five microns of primer or pre-painted black with an anti-graffiti finish. The skins are glued to the honeycomb panel to create a singular panel referred to as the core. The Italian manufacturer will supply and transport the core sheets in bulk to a U.S. manufacturing facility. Each core sheet will produce three to 16 cores. All cores for the curved panels will be cut-to-size to fit the casing in Italy but cores for the straight panels will be cut to size at the U.S. facility. Eight holes are drilled through the back of the core for attachment of the mounting blades. However, all the cores for curved panels will be cut and drilled in Italy. The mounting blades The mounting blades are aluminum alloy sheets of unknown origin extruded into L-shaped brackets. Two mounting blades will be attached to the back of each core on either side. The mounting blades are extruded, machined, bent, and cut-to-size in the United States before being secured to the core. Two different profiles are produced for the right and left blades, which hook the finished panel onto Aliva's framing system. Assembly In the United States, the core is inserted into the case and then the flat edge of each casing will be bent into place with specialized aluminum bending equipment. An average of 16 holes will be drilled into each panel, and 16 stainless steel rivets will be fastened with a specialized riveting tool to secure the core and casing together. Finally, each mounting blade is secured to the finished panel with four stainless steel rivets. According to Aliva, the processing in the United States requires skilled labor and increases the value of the component parts. Aliva estimates that the work required to incorporate the casing, core and mounting blades into a singular panel in the United States will take approximately 46 minutes of labor. The importer further states that the processes performed in the United States to produce all of the panels will require ``hundreds of thousands of dollars of labor.'' Aliva indicates that each panel will have a significantly increased value over the collective value of the individual parts (casing, core, and mounting blades) after the processing in the United States is completed. [[Page 9016]] ISSUE: Whether the component aluminum parts are substantially transformed by the combining processes in the United States. 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, 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 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 Trade Agreements Act. See 48 C.F.R. Sec. 25.403(c)(1). The Federal Acquisition Regulations define ``U.S.-made end product'' as ``an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with name, character, or use distinct from that of the article or articles from which it was transformed.'' See 48 C.F.R Sec. 25.003. In determining whether the combining of parts constitutes a substantial transformation, the determinative issue for CBP is the extent of operations performed and whether the parts lose their identity and become an integral part of the new article. Belcrest Linens v. United States, 6 C.I.T. 204 (1983), aff'd, 741 F.2d 1368 (Fed. Cir. 1984). Assembly operations that are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See HQ H125975, dated January 19, 2011. CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. In determining whether a substantial transformation has occurred in the processing of metals, CBP has generally held that cutting or bending materials to defined shapes or patterns suitable for use in making finished articles, as opposed to mere cutting to length or width which does not render the article suitable for a particular use, constitutes a substantial transformation. For example, in Headquarters Ruling Letter (``HRL'') 055684, dated August 14, 1979, CBP held that components of a water cooler gas absorption refrigeration unit which were formed by cutting to length, cleaning and bending imported steel tubes into the component shapes and configurations, or by cutting to length, flattening, and drilling holes into imported tubing, substantially transformed constituent materials for GSP purposes, while those imported tubes which were simply cut to length and assembled into the final articles were not. See also HRL 555811, dated March 20, 1992 (die cutting, stamping and shaping operations substantially transform aluminum flat stock into new and different articles of commerce). In HRL 555265, dated July 3, 1989, CBP held rolls of imported aluminum strip were substantially transformed when the aluminum strip was crowned, that is, it was passed between convexed and concaved egg shape rollers to permanently bow the strip. Then the strip was cut to lengths and punched with holes. CBP stated that the cutting and crowning operations permanently altered the physical characteristics of the strip thereby limiting its potential uses. Prior to cutting and crowning, the strip was raw material and possessed nothing in its character indicative of its ultimate use. After the cutting and crowning operations, the strip could be used in the production of a limited range of articles, such as venetian blind slats or lattice fences. See also HRL 557159, dated January 11, 1994 (extruded aluminum cut to length and bent to shape to form the frame of grilles and louvers was substantially transformed). The above situations are in contrast to those where the imported components constitute the essence of the end product. For example, in HRL 562653, dated May 14, 2003, CBP considered whether brake kits that were machined and assembled in the United States were substantially transformed. Unplated, drilled and slotted brake rotors and calipers from Italy were plated with a protective zinc coating and some of the calipers were painted/labeled. After painting, the calipers were machined to specification, in accordance with the mounting profile determined by engineers. The two imported plated rotors were each mounted to a U.S.-origin bell by means of ten small bushing assemblies, each of which was comprised of a bushing, spacer, spring washer and bolt. The bushing and the spring were imported from Italy, while the remaining articles were of U.S.- origin. CBP found that, at importation, both the rotors and the calipers were not rough, generic forms with a multitude of uses, but were essentially complete articles which already bore the name of the finished product; therefore, the use of the articles was determined at the time of importation. While the calipers underwent some machining operations in the United States, the overall shape and form of the finished articles was essentially the same as the imported articles. Likewise, although all of the rotors were plated in the United States, and some underwent additional drilling and/or slotting in the United States, the overall dimensions and diameter remained the same. The imported rotors also did not lose their identity and did not become an integral part of a new article when assembled to the U.S. bell. Additionally, the use of the calipers and rotors was predetermined at importation. Thus, CBP found that the imported rotors and calipers did not undergo a change in name, character or use as a result of processing in the United States and remained products of Italy. See also HRL 734873, dated September 7, 1994 (imported brake rotor castings were not substantially transformed by processing, which included removing 0.06-0.12 inches of external surface, drilling 5-10 holes, counter coring, installing studs or bolts, and grounding for a fine finish); and National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992) (finding no substantial transformation occurred because components had been cold-formed or hot-forged ``into their final shape before importation'', and that ``the form of the components remained the same'' after the assembly and heat-treatment processes performed in the United States). Here, the U.S processing of the panels is minimal and does not alter the character of the casing and core. The pre-importation processing is significantly more complicated than the post- importation processing, which essentially consists of some cutting and assembly of parts. The physical characteristics of the casing and the core are already determined by the processing in Italy. Most of the cutting and bending of the casing and the core occurs prior to importation. In Italy, the aluminum sheets are produced; the core is created by linking the skins with the aluminum honeycomb; the aluminum for the casing is cut to size; the casing is painted; three of the four bends in the casing are completed; the core is primed and painted; and the curved core panels are cut. In contrast, in the United States the last edge of the casing is bent, the straight core panels are cut, the core and the casing are attached, and the mounting blades are cut into shape and attached; thus, the form of the components remains essentially the same after U.S. processing. Since the form, materials, and structure remain the same, we find there is no change in character of the core and casing. The processing here is similar to the brake kits in HRL 562653. The major parts are imported in essentially the same shape that they will be in when assembled into the final product. Although there is some cutting, drilling, and slotting, the casing and the core do not lose their identity or become an integral part of a new article when assembled in the United States. Like the brake kits, at importation the casing and core are not rough, generic forms with a multitude of uses--they are imported only to be assembled to be sold as wall panels. Therefore, the casing and core are not new and different articles of commerce from the assembled panels. Here, because the core and the casing are not substantially transformed in the United States, the country of origin of the completed panels is Italy. HOLDING: Based on the facts of this case, aluminum honeycomb panels are not substantially [[Page 9017]] transformed through the assembly of the parts in the United States. The country of origin of the aluminum honeycomb panels is Italy. 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. Sincerely, Alice A. Kipel, Executive Director Regulations and Rulings Office of International Trade [FR Doc. 2018-04279 Filed 3-1-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices 9015
determination. Pursuant to 19 C.F.R. parts constitutes a substantial then transferred to a specialized processing
§ 177.30, any party-at-interest may, within 30 transformation. In the final factory in Italy that cuts the sheet to the final
days of publication of the Federal Register determination, CBP concluded that dimensions, and bends three of the side
Notice referenced above, seek judicial review edges to create the casing that will house the
of this final determination before the Court
these activities do not constitute a
honeycomb core. Along one side of the
of International Trade. substantial transformation and the
casing, the edge is left flat and two bending
origin of the honeycomb panels remains lines are engraved on the back of this edge
Sincerely,
the original country of manufacturing. for reference during the production process
Alice A. Kipel, Executive Director Section 177.29, CBP Regulations (19 in the United States. The casing will then be
Regulations & Rulings C.F.R. § 177.29), provides that notice of transported to a U.S. production facility to
Office of Trade final determinations shall be published receive and secure the core. Workers at the
[FR Doc. 2018–04278 Filed 3–1–18; 8:45 am] in the Federal Register within 60 days U.S. production facility will also drill holes
BILLING CODE P
of the date the final determination is at prescribed locations to attach the core.
issued. Section 177.30, CBP Regulations The core
(19 C.F.R. § 177.30), provides that any
party-at-interest, as defined in 19 C.F.R. The core consists of two hard layers called
DEPARTMENT OF HOMELAND
skins and a layer of aluminum honeycomb
SECURITY § 177.22(d), may seek judicial review of
made up of 3000 series aluminum alloy with
a final determination within 30 days of hexagonal cells that are 80 microns thick.
U.S. Customs and Border Protection publication of such determination in the The skins can either be coated with five
Federal Register. microns of primer or pre-painted black with
Notice of Issuance of Final
Dated: February 21, 2018. an anti-graffiti finish. The skins are glued to
Determination Concerning Country of the honeycomb panel to create a singular
Origin of Aluminum Honeycomb Alice A. Kipel,
panel referred to as the core.
Panels Executive Director, Regulations and Rulings,
The Italian manufacturer will supply and
Office of Trade.
AGENCY: U.S. Customs and Border transport the core sheets in bulk to a U.S.
Protection, Department of Homeland HQ H290528 manufacturing facility. Each core sheet will
produce three to 16 cores. All cores for the
Security. February 21, 201 curved panels will be cut-to-size to fit the
ACTION: Notice of final determination. casing in Italy but cores for the straight
OT:RR:CTF:VS: H290528 JMV
panels will be cut to size at the U.S. facility.
SUMMARY: This document provides CATEGORY: Origin Eight holes are drilled through the back of
notice that U.S. Customs and Border the core for attachment of the mounting
Protection (‘‘CBP’’) has issued a final Darlene Buro
All Air Custom Brokers, Inc. blades. However, all the cores for curved
determination concerning the country of 145–68 228th Street, 2nd Floor panels will be cut and drilled in Italy.
origin of aluminum honeycomb panels. Springfield Gardens, NY11413
CBP has concluded in the final The mounting blades
RE: U.S. Government Procurement; Title
determination that for purposes of U.S. The mounting blades are aluminum alloy
III, Trade Agreements Act of 1979 (19 U.S.C.
Government procurement the assembly sheets of unknown origin extruded into L-
§ 2511); Subpart B, Part 177, CBP
of the parts in the United States does shaped brackets. Two mounting blades will
Regulations; Country of Origin of Honeycomb
not substantially transform the be attached to the back of each core on either
Panels
side. The mounting blades are extruded,
aluminum panels. Dear Ms. Buro, machined, bent, and cut-to-size in the United
DATES: The final determination was This is in response to your request of June States before being secured to the core. Two
issued on February 21, 2018. A copy of 5, 2017, on behalf of Aliva Chemica E Sistemi different profiles are produced for the right
the final determination is attached. Any SRL (‘‘Aliva’’) for a final determination and left blades, which hook the finished
party-at-interest, as defined in 19 C.F.R. concerning the country of origin of a product
panel onto Aliva’s framing system.
that you refer to as ‘‘aluminum honeycomb
§ 177.22(d), may seek judicial review of panels,’’ pursuant to subpart B of Part 177, Assembly
this final determination within April 2, U.S. Customs and Border Protection (CBP)
2018. In the United States, the core is inserted
Regulations (19 C.F.R. § 177.21, et seq.). into the case and then the flat edge of each
FOR FURTHER INFORMATION CONTACT: Joy As a foreign producer of merchandise, casing will be bent into place with
Marie Virga, Valuation and Special Aliva is a party-at-interest within the
specialized aluminum bending equipment.
Programs Branch, Regulations and meaning of 19 C.F.R. § 177.22(d)(1) and is
An average of 16 holes will be drilled into
Rulings, Office of Trade (202–325– entitled to request this final determination.
each panel, and 16 stainless steel rivets will
1511). FACTS: be fastened with a specialized riveting tool to
SUPPLEMENTARY INFORMATION: Notice is The merchandise at issue are Aliva secure the core and casing together. Finally,
aluminum honeycomb panels, which will be each mounting blade is secured to the
hereby given that on 02/21/18, CBP finished panel with four stainless steel rivets.
issued a final determination concerning used as architectural finished coating panels
for wall and tunnel areas in train stations. According to Aliva, the processing in the
the aluminum honeycomb panels, United States requires skilled labor and
The panels come in two variations: straight
which may be offered to the United and curved. Each installed panel will contain increases the value of the component parts.
States Government under an a casing, a core, and two mounting blades. Aliva estimates that the work required to
undesignated government procurement incorporate the casing, core and mounting
contract. The final determination, HQ The casing blades into a singular panel in the United
H290528, was issued at the request of The casing is a flat sheet of pre-painted States will take approximately 46 minutes of
Aliva Chemica E Sistemi SRL, under aluminum alloy which will be supplied in labor. The importer further states that the
daltland on DSKBBV9HB2PROD with NOTICES
procedures set forth at 19 C.F.R. Part both perforated and non-perforated variations processes performed in the United States to
as required for aesthetic appearance. The flat produce all of the panels will require
177, subpart B, which implements Title ‘‘hundreds of thousands of dollars of labor.’’
sheet is produced in Italy in dimensions of
III of the Trade Agreements Act of 1979, two feet in width and variable lengths. These Aliva indicates that each panel will have a
as amended (19 U.S.C. § 2511–18). In aluminum alloy sheets are painted through a significantly increased value over the
the final determination, CBP was asked reverse coil process and will include anti- collective value of the individual parts
to consider whether the cutting, graffiti characteristics as required by the (casing, core, and mounting blades) after the
bending, and assembly of aluminum architectural specification. The sheets are processing in the United States is completed.
VerDate Sep<11>2014 18:10 Mar 01, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1](https://thefederalregister.org/doc/83_FR_9057/page/1.svg)
![Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices 9017
transformed through the assembly of the tablet computers, smart phones, and System’’), pursuant to subpart B of Part 177,
parts in the United States. The country of systems, which may be offered to the U.S. Customs and Border Protection (CBP)
origin of the aluminum honeycomb panels is United States Government under an Regulations (19 C.F.R. § 177.21, et seq.). You
Italy. state in your letter that this request is being
undesignated government procurement
Notice of this final determination will be made pursuant to a contract with the
given in the Federal Register, as required by contract. These final determinations, Department of Veterans Affairs (VA) with
19 C.F.R. § 177.29. Any party-at-interest other HQ H284834 and HQ H284617, were 1Vision requiring the filing of a request for
than the party which requested this final issued at the request of 1Vision, LLC a country of origin determination from CBP.
determination may request, pursuant to 19 and Care Innovations, LLC, respectively, As a domestic producer, 1Vision is a party-
C.F.R. § 177.31, that CBP reexamine the under procedures set forth at 19 CFR at-interest within the meaning of 19 C.F.R.
matter anew and issue a new final part 177, subpart B, which implements § 177.22(d)(1) and is entitled to request this
determination. Pursuant to 19 C.F.R. Title III of the Trade Agreements Act of final determination.
§ 177.30, any party-at-interest may, within 30 1979, as amended (19 U.S.C. 2511–18).
days of publication of the Federal Register FACTS:
Notice referenced above, seek judicial review
In the final determinations, CBP was The products at issue are the Tele-health
of this final determination before the Court asked to consider whether disabling the System in its entirety and the components,
of International Trade. general applications of a tablet the CareConsole Hub and the Mobile Hub.
Sincerely, computer or smart phone and loading The CareConsole Hub and the Mobile Hub,
Alice A. Kipel, Executive Director specialized software onto the device, respectively, begin as a tablet computer and
Regulations and Rulings enabling a patient to provide medical a smart phone. The CareConsole Hub is
Office of International Trade information to the VA, constituted a produced in the Republic of Korea and the
[FR Doc. 2018–04279 Filed 3–1–18; 8:45 am] substantial transformation. In one final Mobile Hub is produced in China. Both
determination, CBP was further asked if products are intended for purchase by the
BILLING CODE P
Veterans Health Administration for use by
the integration of the altered tablets and
patients at home. The CareConsole Hub and
smartphones into a larger telehealth the Mobile Hub are designed to collect health
DEPARTMENT OF HOMELAND system constituted a substantial data that is measured by other peripheral
SECURITY transformation. In the final devices, such as blood pressure cuffs, blood
determinations, CBP concluded that glucose monitors, etc. These other peripheral
U.S. Customs and Border Protection these activities do not constitute a devices are not imported with the tablet and
substantial transformation and the could be used ‘‘as is’’ within the 1Vision
Notice of Issuance of Final origin of the tablet computers, smart ecosystem, without any changes.
Determinations Concerning Country of phones, and systems remains the In the United States, the tablet and smart
Origin of the Hub and Mobile original country of manufacturing. phone go through a number of software
Platforms, and the AMC Home Tele- uninstallations and installations. The generic
Section 177.29, CBP Regulations (19
Health System Android functions originally included on the
CFR 177.29), provides that notice of devices, such as alarms, calculators and text
AGENCY: U.S. Customs and Border final determinations shall be published messaging, are removed. In order to enable
Protection, Department of Homeland in the Federal Register within 60 days the devices to function within the Tele-
Security. of the date the final determination is health System, other functions, such as
ACTION: Notice of final determinations. issued. Section 177.30, CBP Regulations Bluetooth capability, are modified and
(19 CFR 177.30), provides that any additional software is added. In addition,
SUMMARY: This document provides party-at-interest, as defined in 19 CFR 1Vision also further processes the devices to
notice that U.S. Customs and Border 177.22(d), may seek judicial review of a include additional security mechanisms and
Protection (‘‘CBP’’) has issued two final to enable them to function in Plain Old
final determination within 30 days of
Telephone Systems (‘‘POTS’’), an analog
determinations concerning the country publication of such determination in the telephone service that continues to be the
of origin of tablet computers and smart Federal Register. basic form of home and small business
phones known as the Hub and Mobile Dated: February 21, 2018. service connection to telephone networks.
Platforms, and CareConsole Hub and Alice A. Kipel, Finally, the AMC CareConsole Mobile
Mobile Hub. CBP has concluded in the Application is installed on both devices.
Executive Director, Regulations and Rulings,
final determinations that for purposes of Office of Trade.
According to the information provided, this
U.S. Government procurement the software was developed entirely in the
installation of proprietary software on HQ H284834 United States. The software enables the
tablet computers or smart phones does patient to provide vital sign data by
February 21, 2018 connecting to the peripheral devices via
not substantially transform the imported
OT:RR:CTF:VS: H284834 JMV Bluetooth. The patient’s information is then
tablet computers or smart phones. forwarded to VA clinicians over the VA
DATES: The final determinations were CATEGORY: Origin intranet. This application is installed on the
issued on February 21, 2018. Copies of George W. Thompson, Esq. tablet to meet the VA’s requirements for
the final determinations are attached. Thompson & Associates, PLLC medical devices, including patient
Any party-at-interest, as defined in 19 1250 Connecticut Ave. NW, Suite 200 confidentiality and interoperability with VA
CFR 177.22(d), may seek judicial review Washington, DC, 20036 systems and protocols. After the software
of these final determinations within installation is completed, the tablets cannot
RE: U.S. Government Procurement; Title III,
run any other program and cannot be
April 2, 2018. Trade Agreements Act of 1979 (19 U.S.C.
reprogrammed to perform any other function.
FOR FURTHER INFORMATION CONTACT: Joy § 2511); Subpart B, Part 177, CBP
The CareConsole Hub and Mobile Hub are
Marie Virga, Valuation and Special Regulations; Tablet Computers, CareConsole
then integrated into the Tele-health System,
Hub and Mobile Hub
daltland on DSKBBV9HB2PROD with NOTICES
Programs Branch, Regulations and which also includes servers, data storage,
Rulings, Office of Trade (202–325– Dear Mr. Thompson: networking, additional software, and health
1511). This is in response to your letter of March monitoring devices such as blood pressure
20, 2017, on behalf of 1Vision, LLC cuffs and glucose monitors. The integration
SUPPLEMENTARY INFORMATION: Notice is (‘‘1Vision’’), requesting a final determination process consists of the CareConsole Hub or
hereby given that on February 21, 2018, concerning the country origin of a product Mobile Hub contacting the Tele-health
CBP issued two final determinations that you refer to as the AMC Home Tele- System, hosted in the VA data centers, which
concerning the country of origin of health System (‘‘Tele-health System’’ or ‘‘the then sends an activation code and
VerDate Sep<11>2014 18:10 Mar 01, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1](https://thefederalregister.org/doc/83_FR_9057/page/3.svg)
Document Created: 2018-03-01 23:56:38
Document Modified: 2018-03-01 23:56:38
| 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 February 21, 2018. A copy of the final determination is attached. Any party-at-interest, as defined in 19 C.F.R. Sec. 177.22(d), may seek judicial review of this final determination within April 2, 2018. | |
| Contact | Joy Marie Virga, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202-325- 1511). | |
| FR Citation | 83 FR 9015 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR