Special FOIA Processing Track for Individuals Appearing Before an Immigration Judge, 9017-9018 [E7-3357]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices described as the ‘‘heart of the machine.’’ In finding that the imported parts were substantially transformed in Japan, we 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, we determined that Japaneseorigin 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. In holding that the country of origin for marking purposes 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. In order to determine whether a substantial transformation occurs when components of various origins are assembled to form multifunctional machines, CBP considers the totality of the circumstances and makes such decisions on a case-by-case basis. The primary considerations in such cases are the country of origin of the machine’s components and subassemblies, extent of processing that occurs within a given country, and whether such processing renders a product with a new name, character, and use. In addition, facts such as resources expended on product design and development, extent and nature of post-assembly inspection procedures, and worker skills required during the actual manufacturing process will be considered when analyzing whether a substantial transformation has occurred; however, no single factor is determinative. Based on the facts and law of this case, we find that the assembled JModel multifunctional systems are products of Japan for purposes of U.S. Government procurement. Although several of the subassemblies are VerDate Aug<31>2005 16:08 Feb 27, 2007 Jkt 211001 assembled in China, we find that enough of the Japanese subassemblies and individual components serve major functions and are high in value, in particular, the transfer belt, control box unit, application-specific integrated circuits, charged couple device, and laser diodes. The process unit subassembly is also crucial in the performance of the multifunctional systems. While it is assembled in China, its key components, the developer and toner materials, and drums are produced in Japan. Furthermore, it is significant that although the PWB is of Chinese origin, the firmware for the control box unit subassembly is developed in Japan. This firmware programming controls the print engine, readout mechanism, processes images for the copier, printer, fax, and scanner, and controls the operation panel display. We further note that the testing and adjustments performed in Japan are technical and complex. Finally, the assembly operations that occur in Japan are sufficiently complex and meaningful. Through the product assembly and testing and adjustment operations, the individual components and subassemblies of Japanese and 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 J-Models digital color multifunctional systems for purposes of U.S. Government procurement is Japan. Holding: Based on the facts of this case, we find that the processing in Japan substantially transforms the nonJapanese components. Therefore, the country of origin of the Sharp digital color multifunctional systems (Model Nos. MX–2300NJ and MX–2700NJ) is Japan for purposes of U.S. Government procurement. Notice of this final determination will be given in the Federal Register as required by 19 CFR 177.29. Any partyat-interest other than the party that 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 reference above, seek judicial review of this final determination before the U.S. Court of International Trade. Sincerely, Sandra L. Bell, Executive Director, Office of Regulations and Rulings, Office of International Trade. [FR Doc. E7–3482 Filed 2–27–07; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 9017 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2394–06; DHS Docket No. USCIS– 2006–0051] RIN 1615–ZA40 Special FOIA Processing Track for Individuals Appearing Before an Immigration Judge U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is improving its processing of Freedom of Information Act (FOIA) requests from the general public by establishing a third processing track for individuals appearing before an immigration court. Currently, a large portion of FOIA requests are submitted by individuals who have received a Notice To Appear for a hearing before an immigration judge or by such individuals’ attorneys or representatives. By creating an additional processing track, USCIS will be able to provide the public with more expeditious service and to thereby improve customer satisfaction. DATES: This notice is effective March 30, 2007. FOR FURTHER INFORMATION CONTACT: Brian J. Welsh, Chief, Freedom of Information Act and Privacy Act, U.S. Citizenship and Immigration Services, Department of Homeland Security, P.O. Box 648010, Lee’s Summit, Missouri 64064, Phone: 816–350–5785, E-Mail: uscis.foia@dhs.gov . SUPPLEMENTARY INFORMATION: Background: Under the Freedom of Information Act, 5 U.S.C. 552 (‘‘FOIA’’), the Privacy Act, 5 U.S.C. 552a, and the Department of Homeland Security’s implementing regulations located at 6 CFR 5.5(b), the Secretary of Homeland Security may use two or more processing tracks for responding to FOIA requests. Currently, USCIS has two tracks: Track 1 is for less complex requests that can be processed in 20 working days or less. Track 2 is for complex requests that may require more than 20 working days to process and that include searching and line-byline review of numerous pages of information. With this notice, USCIS will establish a third processing track, the ‘‘Notice To Appear’’ track, which will allow for accelerated access to the Alien-File (A–File) for those individuals who have been served with a charging E:\FR\FM\28FEN1.SGM 28FEN1 sroberts on PROD1PC70 with NOTICES 9018 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices document and have been scheduled for a hearing before an immigration judge as a result. The creation of this track is consistent with Executive Order 13392, ‘‘Improving Agency Disclosure of Information’’ (December 14, 2005), which requires Federal agencies to improve their FOIA processing. ‘‘Notice To Appear’’ track cases do not include cases in which the immigration judge has issued a final order or cases in which an appeal of an immigration judge’s decision has been filed with the Board of Immigration Appeals (BIA). ‘‘Notice To Appear’’ track cases do not include cases in which the subject’s date of scheduled hearing before the immigration judge has passed and current records indicate that the subject failed to appear for his/ her scheduled hearing, resulting in closure of the removal/deportation proceedings by the immigration judge. An Alien-File or A-File is the series of records USCIS maintains on immigrants, certain non-immigrants, applicants for citizenship, certain individuals who have relinquished their United States citizenship, applicants for permanent residence or other immigration benefits, and individuals who have become subjects of immigration enforcement proceedings. The A-File documents the history of such people’s interaction with USCIS or other components of the Department of Homeland Security (DHS) in actions prescribed by the Immigration and Nationality Act (INA) and related regulations. USCIS uses the information in an A-File to adjudicate requests for immigration-related benefits and to enforce U.S. immigration laws. Individuals may request access to their A-files by filing a FOIA request with Form G–639, Freedom of Information/Privacy Act Request, or by having their attorney or representative submit such a request along with a Form G–28, Notice of Entry of Appearance as Attorney or Representative, on their behalf. These forms can be found at https://www.uscis.gov. A requester (including individuals, attorneys, or representatives) seeking to be placed in the queue must provide a copy of one of the following documents: 1. Form I–862, Notice To Appear, documenting the scheduled date of the subject’s hearing before the immigration judge; 2. Form I–122, Order To Show Cause, documenting the scheduled date of the subject’s hearing before the immigration judge; 3. A written notice of continuation of a scheduled hearing before the immigration judge; or VerDate Aug<31>2005 16:08 Feb 27, 2007 Jkt 211001 4. Form I–863, Notice of Referral to Immigration Judge. After USCIS receives the request and validates it as a proper request, USCIS will place it in a queue of previously received requests of a similar nature. USCIS will take the requests in the order of receipt, as mandated by the FOIA and the applicable implementing DHS regulations at 6 CFR 5. USCIS will only accept requests for expedited processing for this queue if the requester has satisfied the requirements outlined in 6 CFR 5.5(d). All other FOIA requirements, as described in 6 CFR part 5, Disclosure of Records and Information, will apply. This notice does not affect those requests that do not fall in the abovedescribed category. Dated: February 21, 2007. Emilio T. Gonzalez, Director, U.S. Citizenship and Immigration Services. [FR Doc. E7–3357 Filed 2–27–07; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of Draft Comprehensive Conservation Plan and Environmental Impact Statement for Vieques National Wildlife Refuge Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: SUMMARY: The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Impact Statement (Draft CCP/EIS) for the Vieques National Wildlife Refuge is available for review and comment. This Draft CCP/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. The Draft CCP/EIS describes how the Service intends to manage the refuge over the next 15 years. DATES: Written comments must be received at the postal address listed below no later than April 30, 2007. ADDRESSES: To provide written comments or to obtain a copy of the Draft CCP/EIS, please write to: Oscar Diaz, Refuge Manager, Vieques National Wildlife Refuge, P.O. Box 1527, Vieques, Puerto Rico 00765. A copy of the Draft CCP/EIS is also available on compact diskette. It can be accessed and downloaded at the following Internet PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 address: https://www.fws.gov/southeast/ planning/. A public meeting will be held at the Multiple Use Center (Centro de Usos Multiples) in Isabel Segunda, Vieques, Puerto Rico, to present the plan to the public. Special mailings, news media outlets, and posters will be avenues to inform the public of the date and time of the meeting. SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd–668ee) requires the Service to develop a comprehensive conservation plan for each refuge. The purpose in developing a plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife science, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlifedependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. The Vieques National Wildlife Refuge was created from former Navy managed lands by congressional actions in 2001 and 2003. It consists of approximately 17,771 acres—3,100 acres on western Vieques and 14,671 acres on eastern Vieques. The transferred lands are to be managed in accordance with the Refuge Administration Act (as amended). The refuge lands were historically used for agricultural purposes and more recently for military training activities. As a result, the wildlife habitats and communities are significantly altered and non-native invasive species are common along with remnants of native habitats. As a result of the military training, portions of the refuge contain unexploded ordnance and other contaminants. These areas have been classified as a ‘‘superfund site’’ under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Cleanup of these portions of the refuge is being conducted by the Navy in accordance with CERCLA. In addition, a Federal Facilities Agreement between the Navy, Environmental Protection Agency, Fish and Wildlife Service, and Commonwealth of Puerto Rico will help to guide the cleanup process. Although the short-term use and management of areas contaminated with E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9017-9018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3357]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2394-06; DHS Docket No. USCIS-2006-0051]
RIN 1615-ZA40


Special FOIA Processing Track for Individuals Appearing Before an 
Immigration Judge

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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

SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is improving 
its processing of Freedom of Information Act (FOIA) requests from the 
general public by establishing a third processing track for individuals 
appearing before an immigration court. Currently, a large portion of 
FOIA requests are submitted by individuals who have received a Notice 
To Appear for a hearing before an immigration judge or by such 
individuals' attorneys or representatives. By creating an additional 
processing track, USCIS will be able to provide the public with more 
expeditious service and to thereby improve customer satisfaction.

DATES: This notice is effective March 30, 2007.

FOR FURTHER INFORMATION CONTACT: Brian J. Welsh, Chief, Freedom of 
Information Act and Privacy Act, U.S. Citizenship and Immigration 
Services, Department of Homeland Security, P.O. Box 648010, Lee's 
Summit, Missouri 64064, Phone: 816-350-5785, E-Mail: uscis.foia@dhs.gov 
.

SUPPLEMENTARY INFORMATION:

Background:

    Under the Freedom of Information Act, 5 U.S.C. 552 (``FOIA''), the 
Privacy Act, 5 U.S.C. 552a, and the Department of Homeland Security's 
implementing regulations located at 6 CFR 5.5(b), the Secretary of 
Homeland Security may use two or more processing tracks for responding 
to FOIA requests. Currently, USCIS has two tracks: Track 1 is for less 
complex requests that can be processed in 20 working days or less. 
Track 2 is for complex requests that may require more than 20 working 
days to process and that include searching and line-by-line review of 
numerous pages of information. With this notice, USCIS will establish a 
third processing track, the ``Notice To Appear'' track, which will 
allow for accelerated access to the Alien-File (A-File) for those 
individuals who have been served with a charging

[[Page 9018]]

document and have been scheduled for a hearing before an immigration 
judge as a result. The creation of this track is consistent with 
Executive Order 13392, ``Improving Agency Disclosure of Information'' 
(December 14, 2005), which requires Federal agencies to improve their 
FOIA processing.
    ``Notice To Appear'' track cases do not include cases in which the 
immigration judge has issued a final order or cases in which an appeal 
of an immigration judge's decision has been filed with the Board of 
Immigration Appeals (BIA). ``Notice To Appear'' track cases do not 
include cases in which the subject's date of scheduled hearing before 
the immigration judge has passed and current records indicate that the 
subject failed to appear for his/her scheduled hearing, resulting in 
closure of the removal/deportation proceedings by the immigration 
judge.
    An Alien-File or A-File is the series of records USCIS maintains on 
immigrants, certain non-immigrants, applicants for citizenship, certain 
individuals who have relinquished their United States citizenship, 
applicants for permanent residence or other immigration benefits, and 
individuals who have become subjects of immigration enforcement 
proceedings. The A-File documents the history of such people's 
interaction with USCIS or other components of the Department of 
Homeland Security (DHS) in actions prescribed by the Immigration and 
Nationality Act (INA) and related regulations. USCIS uses the 
information in an A-File to adjudicate requests for immigration-related 
benefits and to enforce U.S. immigration laws.
    Individuals may request access to their A-files by filing a FOIA 
request with Form G-639, Freedom of Information/Privacy Act Request, or 
by having their attorney or representative submit such a request along 
with a Form G-28, Notice of Entry of Appearance as Attorney or 
Representative, on their behalf. These forms can be found at https://
www.uscis.gov.
    A requester (including individuals, attorneys, or representatives) 
seeking to be placed in the queue must provide a copy of one of the 
following documents:
    1. Form I-862, Notice To Appear, documenting the scheduled date of 
the subject's hearing before the immigration judge;
    2. Form I-122, Order To Show Cause, documenting the scheduled date 
of the subject's hearing before the immigration judge;
    3. A written notice of continuation of a scheduled hearing before 
the immigration judge; or
    4. Form I-863, Notice of Referral to Immigration Judge.
    After USCIS receives the request and validates it as a proper 
request, USCIS will place it in a queue of previously received requests 
of a similar nature. USCIS will take the requests in the order of 
receipt, as mandated by the FOIA and the applicable implementing DHS 
regulations at 6 CFR 5. USCIS will only accept requests for expedited 
processing for this queue if the requester has satisfied the 
requirements outlined in 6 CFR 5.5(d).
    All other FOIA requirements, as described in 6 CFR part 5, 
Disclosure of Records and Information, will apply.
    This notice does not affect those requests that do not fall in the 
above-described category.

    Dated: February 21, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
 [FR Doc. E7-3357 Filed 2-27-07; 8:45 am]
BILLING CODE 4410-10-P
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