Notice of Cancellation of Customs Broker License Due to Death of the License Holder, 54566 [05-18360]
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54566
Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices
complex and meaningful assembly
operations involving a large number of
components will generally result in a
substantial transformation. For example, in
Headquarters Ruling Letter (‘‘HRL’’) 562495
dated November 13, 2002, color ink jet
printers were assembled in Singapore of
components imported from a number of other
countries. CBP determined that the imported
components were substantially transformed
during assembly such that the country of
origin of the assembled ink jet printers was
Singapore. In support of this position, CBP
recognized that the processing operations
that occurred within Singapore were
complex and extensive, required the
integration of 13 major subassemblies to the
chassis, and that the resulting product was a
new and distinct article of commerce that
possessed a new name, character, and use.
In HRL 561734 dated March 22, 2001,
published in the Federal Register on March
29, 2001 (66 FR 17222), CBP held that certain
multi-functional machines (consisting of
printer, copier, and fax machines) assembled
in Japan were a product of that country for
purposes of U.S. Government procurement.
The multi-functional machines were
assembled from 227 parts (108 parts obtained
from Japan, 92 from Thailand, 3 from China,
and 24 from other countries) and eight
subassemblies, each of which was assembled
in Japan. One of the subassemblies produced
in Japan, referred to as the scanner unit, was
described as the ‘‘heart of the machine.’’ In
finding that the imported parts were
substantially transformed in Japan, CBP
stated that the individual parts and
components lost their separate identities
when they became part of the multifunctional machine. See also, HRL 561568
dated March 22, 2001, published in the
Federal Register on March 29, 2001 (66 FR
17222).
By contrast, assembly operations that are
minimal or simple will generally not result
in a substantial transformation. For example,
in HRL 734050 dated June 17, 1991, CBP
held that Japanese-origin components were
not substantially transformed in China when
assembled in that country to form finished
printers. The printers consisted of five main
components identified as the ‘‘head’’,
‘‘mechanism’’, ‘‘circuit’’, ‘‘power source’’,
and ‘‘outer case.’’ The circuit, power source
and outer case units were entirely assembled
or molded in Japan. The head and
mechanical units were made in Japan but
exported to China in an unassembled state.
All five units were exported to China where
the head and mechanical units were
assembled with screws and screwdrivers.
Thereafter, the head, mechanism, circuit, and
power source units were mounted onto the
outer case with screws and screwdrivers. In
holding that the country of origin of the
assembled printers was Japan, CBP
recognized that the vast majority of the
printer’s parts were of Japanese origin and
that the operations performed in China were
relatively simple assembly operations.
The programming operations performed in
the instant case must also be considered. In
Data General Corporation v. United States, 4
CIT 182 (1982), the Court of International
Trade held that a PROM (programmable readonly memory) fabricated in a foreign country
but programmed in the United States for use
in a computer circuit board assembled abroad
was substantially transformed. In Data
General, the court stated that the electronic
pattern introduced into the circuit by
programming gave the PROM the function as
a read only memory and that the essence of
the article, its pattern of interconnection or
stored memory, was established by
programming.
As applied, we find that the various
foreign-origin parts are substantially
transformed within the United States when
assembled to form the Kodak i600 line of
scanners in the manner set forth above. In
making this determination we note that the
scanners are comprised of approximately 600
parts and thirteen subassemblies. Ten of the
subassemblies are assembled to completion
within the United States during a complex
and meaningful process. Illustrative
examples of two major subassemblies built to
completion in the United States are the E-Box
assembly (comprised of approximately 50
parts) and the pod assembly (comprised of
more than 180 parts). During the main build
phase of production, the various
subassemblies and literally hundreds of
additional parts are assembled together to
form the scanners. Specialized fixtures,
tooling, and other equipment are used
throughout assembly to align, test, and
calibrate the scanners as they are built. After
assembly, the scanners are programmed with
firmware developed in the United States,
which constitutes the intelligence of the
scanners. During such assembly and
programming operations, the individual
components and subassemblies of foreignorigin are subsumed into a new and distinct
article of commerce that has a new name,
character, and use. Therefore, we find that
the country of origin of the Kodak i600
scanners for purposes of U.S. Government
procurement is the United States.
Holding: Based upon the specific facts of
this case, we find that the individual
components and subassemblies imported
into the United States are substantially
transformed when assembled in the manner
set forth above to form Kodak i600 desktop
scanners. Therefore, the country of origin of
the Kodak i600 line of desktop scanners for
purposes of U.S. Government procurement is
the United States.
Notice of this final determination will be
given in the Federal Register as required by
19 CFR 177.29. Any party-at-interest other
than the party which requested this final
determination may request, pursuant to 19
CFR 177.31, that CBP reexamine the matter
anew and issue a new final determination.
Any party-at-interest may, within 30 days
after publication of the Federal Register
notice referenced above, seek judicial review
of this final determination before the Court
of International Trade.
Sincerely,
Michael T. Schmitz,
Assistant Commissioner, Office of
Regulations and Rulings.
[FR Doc. 05–18359 Filed 9–14–05; 8:45 am]
BILLING CODE 9110–06–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Notice of Cancellation of Customs
Broker License Due to Death of the
License Holder
Bureau of Customs and Border
Protection, U.S. Department of
Homeland Security.
ACTION: General notice.
AGENCY:
SUMMARY: Notice is hereby given that,
pursuant to Title 19 of the Code of
Federal Regulations § 111.51(a), the
following individual Customs broker
licenses and any and all permits have
been cancelled due to the death of the
broker:
Thomas A. Borgia ...
Karl A. Becnel .........
Jkt 205001
PO 00000
Frm 00047
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Notice of Cancellation of Customs
Broker Permit
Bureau of Customs and Border
Protection, U.S. Department of
Homeland Security.
ACTION: General notice.
AGENCY:
SUMMARY: Pursuant to section 641 of the
Tariff Act of 1930, as amended, (19
U.S.C. 1641) and the Customs
Regulations (19 CFR 111.51), the
following Customs broker permits are
cancelled without prejudice.
Permit
Fmt 4703
Sfmt 4703
Miami.
New
Orleans.
BILLING CODE 9110–06–P
General Brokerage Services, Inc. .....................................................................................................................
15:03 Sep 14, 2005
10419
09684
Port name
Dated: September 8, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field
Operations.
[FR Doc. 05–18360 Filed 9–14–05; 8:45 am]
Name
VerDate Aug<18>2005
License
No.
Name
E:\FR\FM\15SEN1.SGM
H34
15SEN1
Issuing port
Miami.
]]>Agencies
[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Page 54566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18360]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Notice of Cancellation of Customs Broker License Due to Death of
the License Holder
AGENCY: Bureau of Customs and Border Protection, U.S. Department of
Homeland Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, pursuant to Title 19 of the Code
of Federal Regulations Sec. 111.51(a), the following individual
Customs broker licenses and any and all permits have been cancelled due
to the death of the broker:
------------------------------------------------------------------------
License
Name No. Port name
------------------------------------------------------------------------
Thomas A. Borgia..................... 10419 Miami.
Karl A. Becnel....................... 09684 New
Orleans.
------------------------------------------------------------------------
Dated: September 8, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-18360 Filed 9-14-05; 8:45 am]
BILLING CODE 9110-06-P
