Notice of Issuance of Final Determination Concerning Fiber Optic Cable With End Connectors, 36345-36347 [E8-14531]
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
rfrederick on PROD1PC67 with NOTICES
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VerDate Aug<31>2005
15:05 Jun 25, 2008
Jkt 214001
If additional information is required
contact: USCIS, Regulatory Management
Division, 111 Massachusetts Avenue,
Suite 3008, Washington, DC 20529,
(202) 272–8377.
Dated: June 23, 2008.
Stephen Tarragon,
Acting Chief, Regulatory Management
Division, U.S. Citizenship and Immigration
Services, Department of Homeland Security.
[FR Doc. E8–14513 Filed 6–25–08; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Notice of Issuance of Final
Determination Concerning Fiber Optic
Cable With End Connectors
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
AGENCY:
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 fiber optic cable with
end connectors which may be offered to
the United States Government under an
undesignated government procurement
contract. Based upon the facts
presented, in the final determination
CBP concluded that the United States is
the country of origin of the fiber optic
cable with end connectors for purposes
of U.S. Government procurement.
DATES: The final determination was
issued on June 20, 2008. 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 July 28,
2008.
FOR FURTHER INFORMATION CONTACT:
Gerry O’Brien, Valuation and Special
Programs Branch, Regulations and
Rulings, Office of International Trade
(202–572–8792).
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on June 20, 2008,
pursuant to subpart B of part 177,
Customs Regulations (19 CFR part 177,
subpart B), CBP issued a final
determination concerning the country of
origin of fiber optic cable with end
connectors which may be offered to the
United States Government under an
undesignated government procurement
contract. This final determination, in
HQ H025747, was issued at the request
of Score Fiber Optics under procedures
set forth at 19 CFR part 177, subpart B,
which implements Title III of the Trade
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
36345
Agreements Act of 1979, as amended
(19 U.S.C. 2511–18). In the final
determination, CBP concluded that,
based upon the facts presented, certain
fiber optic cable exported from the
United States, processed in China into
fiber optic cable with end connectors is
not substantially transformed in China,
such that the United States is the
country of origin of the finished article
for purposes of U.S. Government
procurement.
Section 177.29, Customs Regulations
(19 CFR 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 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: June 20, 2008.
Sandra L. Bell,
Executive Director, Office of Regulations and
Rulings, Office of International Trade.
HQ H025747
June 20, 2008
MAR–2–05 OT:RR:CTF:VS H025747
GOB
Category: Marking.
Craig J. Catalano, Vice President of
Global Development, Score Fiber
Optics, 380 Townline Road,
Hauppauge, NY 11788
Re: U.S. Government Procurement; Title
III, Trade Agreements Act of 1979
(19 U.S.C. 2511); Subpart B, Part
177, CBP Regulations; Fiber Optic
Cable
Dear Mr. Catalano: This is in response
to your letter of December 13, 2007,
requesting a final determination on
behalf of Score Fiber Optics (‘‘Score’’),
pursuant to subpart B of Part 177,
Customs and Border Protection (‘‘CBP’’)
Regulations (19 CFR 177.21 et seq.).
Your letter of December 13, 2007, as
well as your later correspondence of
January 24, 2008 and February 27, 2008,
were forwarded to this office by the
National Commodity Specialists
Division by memorandum of March 25,
2008. Under the pertinent regulations,
which implement Title III of the Trade
Agreements Act of 1979, as amended
(19 U.S.C. 2511 et seq.), 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 purpose of granting waivers of
certain ‘‘Buy American’’ restrictions in
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
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U.S. law or practice for products offered
for sale to the U.S. Government.
This final determination concerns the
country of origin of certain fiber optic
cable with end connectors. We note that
Score is a party-at-interest within the
meaning of 19 CFR 177.22(d)(1) and is
entitled to request this final
determination.
connectors at each end. You state that
Score will be exporting and reimporting
many similar products. The finished
article is used to connect equipment to
telecommunication networks.
In addition to country of origin for
government procurement, you ask if you
may mark the fiber optic cable ‘‘Made in
the United States.’’
Facts
You describe the pertinent facts as
follows. Both Score and its parent
company, Epcom,1 purchase fiber optic
cable from an unrelated company in the
United States, Corning, Inc. (‘‘Corning’’).
Corning states that the fiber optic cable
is produced in the United States and has
provided a Certificate of Origin
indicating that 50 cartons of the fiber
optic cable are a product of the United
States. The fiber optic cable is a
standard fiber optic cable and may
consist of one or more fiber optic fibers
for strength. A thermoplastic coating
provides protection for the very thin
fibers. Score exports the spools of
finished fiber optic cable to China
where the fiber optic cable is cut to
length and metal connectors made in
China are applied to the fiber optic
cable. Specifically, the spooled fiber
optic cable is cut to length. Each end of
the cut cable is threaded through a
metal holder where about two inches of
sheathing are removed from each end of
the cable. Any exposed fiber is cut off
and the plastic jacketing of the optical
fiber is removed. The exposed fiber is
cleaned with alcohol and measured. It is
then threaded through a connector,
glued to the connector, and excess fiber
is trimmed. The connectors are placed
into a finishing machine, where the
fiber ends are automatically beveled and
polished. Metal springs are inserted into
a connector and welded into place. The
connectors are cleaned and tested.
Score purchases or manufactures a
metal ferrule in China. The ferrule,
which is a hollow cylinder, is used to
align the ends of the optical fibers as the
fibers are inserted into the connectors.
The hollow center of the ferrule
contains one channel that is designed to
fit the optical fiber and to align the fiber
ends, enabling light to pass through the
connection. Score purchases or
manufactures metal parts to be used in
the cable connectors. These parts are
made in China.
You furnished a sample (item no. SS–
11SCU–SCU–001) which is a single
optic fiber, approximately 42 inches
long, with thermoplastic coating and
Issue
What is the country of origin of the
subject fiber optic cable with end
connectors for the purpose of U.S.
Government procurement?
1 Your submission indicates that Score and
Epcom act together in the activities described in
this ruling.
VerDate Aug<31>2005
15:05 Jun 25, 2008
Jkt 214001
Law and Analysis
Pursuant to Subpart B of Part 177, 19
CFR 177.21 et seq., which implements
Title III of the Trade Agreements Act of
1979, as amended (19 U.S.C. 2511 et
seq.), 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.
Under the rule of origin set forth
under 19 U.S.C. 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 CFR 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 CFR
177.21. In this regard, CBP recognizes
that the Federal Procurement
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. See 48 CFR 25.403(c)(1). The
Federal Procurement 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 a name, character, or use
distinct from that of the article or articles
from which it was transformed.
48 CFR 25.003.
In determining whether the
combining of parts or materials
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Fmt 4703
Sfmt 4703
constitutes a substantial transformation,
the determinative issue 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, 573 F. Supp.
1149 (Ct. Int’l Trade 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, C.S.D. 80–111,
C.S.D. 85–25, C.S.D. 89–110, C.S.D. 89–
118, C.S.D. 90–51, and C.S.D. 90–97. If
the manufacturing or combining process
is a minor one which leaves the identity
of the article intact, a substantial
transformation has not occurred.
Uniroyal, Inc. v. United States, 3 CIT
220, 542 F. Supp. 1026 (1982), aff’d 702
F.2d 1022 (Fed. Cir. 1983). In Uniroyal,
the court determined that a substantial
transformation did not occur when an
imported upper, the essence of the
finished article, was combined with a
domestically produced outsole to form a
shoe.
In order to determine whether a
substantial transformation occurs when
components of various origins are
assembled into completed products,
CBP considers the totality of the
circumstances and makes such
determinations on a case-by-case basis.
The country of origin of the item’s
components, extent of the processing
that occurs within a country, and
whether such processing renders a
product with a new name, character,
and use are primary considerations in
such cases. Additionally, factors such as
the resources expended on product
design and development, extent and
nature of post-assembly inspection and
testing procedures, and the degree of
skill required during the actual
manufacturing process may be relevant
when determining whether a substantial
transformation has occurred. No one
factor is determinative.
In HQ 561392 dated June 21, 1999,
CBP considered the country of origin
marking requirements of an insulated
electric conductor which involved an
electrical cable with pin connectors at
each end used to connect computers to
printers or other peripheral devices. The
cable and connectors were made in
Taiwan. In China, the cable was cut to
length and connectors were attached to
the cable. CBP held that cutting the
cable to length and assembling the cable
to the connectors in China did not result
in a substantial transformation. In HQ
560214 dated September 3, 1997, CBP
held that where wire rope cable was cut
to length, sliding hooks were put on the
rope, and end ferrules were swaged on
in the U.S., the wire rope cable was not
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
substantially transformed. CBP
concluded that the wire rope
maintained its character and did not
lose its identity and did not become an
integral part of a new article when
attached with the hardware. In HQ
555774 dated December 10, 1990, CBP
held that Japanese wire cut to length
and electrical connectors crimped onto
the ends of the wire was not a
substantial transformation. In HQ
562754 dated August 11, 2003, CBP
found that cutting of cable to length and
assembling the cable to the Chineseorigin connectors in China did not
result in a substantial transformation of
the cable.
Based upon the facts presented and
the pertinent authorities, we determine
that U.S.-origin fiber optic cable
exported to China and processed in
China as described above, is not
substantially transformed in China into
a new and different article of commerce
with a name, character, and use distinct
from the article exported. Therefore, the
fiber optic cable with end connectors is
considered a product of the United
States for the purpose of government
procurement.
Further, the fiber optic cable with end
connectors is not required to be marked
‘‘Made in China.’’ For a determination
as to whether you may mark the
finished product ‘‘Made in the U.S.,’’
please contact the Federal Trade
Commission.
rfrederick on PROD1PC67 with NOTICES
Holding
The fiber optic cable of U.S. origin,
which is exported to China and
processed in China as described above,
is not substantially transformed in
China into a new and different article of
commerce with a name, character, and
use distinct from the article exported.
Therefore, the fiber optic cable is
considered a product of the United
States for the purpose of 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 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.
Pursuant to 19 CFR 177.30, any partyat-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,
Sandra L. Bell,
VerDate Aug<31>2005
15:05 Jun 25, 2008
Jkt 214001
Executive Director, Office of Regulations and
Rulings, Office of International Trade.
[FR Doc. E8–14531 Filed 6–25–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–R–2008–N0137; 40136–1265–
0000–S3]
Archie Carr National Wildlife Refuge,
Brevard and Indian River Counties, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: draft
comprehensive conservation plan and
environmental assessment; request for
comments.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of a draft comprehensive
conservation plan and environmental
assessment (Draft CCP/EA) for Archie
Carr National Wildlife Refuge for public
review and comment. In this Draft CCP/
EA, we describe the alternative we
propose to use to manage this refuge for
the 15 years following approval of the
Final CCP.
DATES: To ensure consideration, we
must receive your written comments by
July 28, 2008.
ADDRESSES: Requests for copies of the
Draft CCP/EA should be addressed to:
Archie Carr National Wildlife Refuge,
P.O. Box 6504, Titusville, FL 32782–
6504. Please indicate whether you
would like a hardcopy or a compact
diskette. The Draft CCP/EA may also be
accessed and downloaded from the
Service’s Internet site: https://
southeast.fws.gov/planning. You may
also visit the refuge office at 1339 20th
Street, Vero Beach, FL to obtain a copy.
Comments on the Draft CCP/EA may be
submitted to the above address or via
electronic mail to:
ArchieCarrCCP@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Cheri Ehrhardt, Natural Resource
Planner; Telephone: 321/861–2368, or
Joanna Webb, Park Ranger, Archie Carr
National Wildlife Refuge; Telephone:
772/562–3909.
SUPPLEMENTARY INFORMATION:
Introduction
With this notice, we continue the CCP
process for Archie Carr National
Wildlife Refuge. We started the process
through a notice in the Federal Register
on April 24, 2000 (65 FR 21784).
The Archie Carr National Wildlife
Refuge is administered under the
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Fmt 4703
Sfmt 4703
36347
Merritt Island National Wildlife Refuge
Complex and co-managed with Pelican
Island National Wildlife Refuge. Archie
Carr Refuge is located along Florida’s
southeast coast between Melbourne
Beach and Wabasso Beach in Brevard
and Indian River Counties. Named after
the famed sea turtle researcher, Dr.
Archie F. Carr, the refuge was
authorized in 1989 and established in
1991 to conserve threatened and
endangered wildlife, especially sea
turtles. The refuge is more than 250
acres in size and supports hundreds of
wildlife and plant species. In addition,
the refuge provides protection for listed
terrestrial species and native wildlife
and habitat diversity across a mix of
habitats, including maritime hammock
and coastal scrub. The refuge consists of
four segments spanning 20.5 miles and
protects historical and archaeological
sites. Several partners work with the
Service to manage and protect wildlife
and habitat along this stretch of the
barrier island. A growing human
population along with ongoing
development and other human activities
currently threaten the refuge.
Background
The CCP Process
The National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee), which amended the
National Wildlife Refuge System
Administration Act of 1966, requires us
to develop a CCP for each national
wildlife refuge. The purpose in
developing a CCP is to provide refuge
managers with a 15-year plan for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation, wildlife
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Improvement Act and NEPA.
Significant issues addressed in the
Draft CCP/EA include: Wildlife and
habitat management, resource
protection, visitor services, and refuge
administration.
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]]>Agencies
[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36345-36347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14531]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Issuance of Final Determination Concerning Fiber Optic
Cable With End Connectors
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 fiber optic cable with end connectors
which may be offered to the United States Government under an
undesignated government procurement contract. Based upon the facts
presented, in the final determination CBP concluded that the United
States is the country of origin of the fiber optic cable with end
connectors for purposes of U.S. Government procurement.
DATES: The final determination was issued on June 20, 2008. 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 July 28, 2008.
FOR FURTHER INFORMATION CONTACT: Gerry O'Brien, Valuation and Special
Programs Branch, Regulations and Rulings, Office of International Trade
(202-572-8792).
SUPPLEMENTARY INFORMATION: Notice is hereby given that on June 20,
2008, pursuant to subpart B of part 177, Customs Regulations (19 CFR
part 177, subpart B), CBP issued a final determination concerning the
country of origin of fiber optic cable with end connectors which may be
offered to the United States Government under an undesignated
government procurement contract. This final determination, in HQ
H025747, was issued at the request of Score Fiber Optics 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, based upon
the facts presented, certain fiber optic cable exported from the United
States, processed in China into fiber optic cable with end connectors
is not substantially transformed in China, such that the United States
is the country of origin of the finished article for purposes of U.S.
Government procurement.
Section 177.29, Customs Regulations (19 CFR 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 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: June 20, 2008.
Sandra L. Bell,
Executive Director, Office of Regulations and Rulings, Office of
International Trade.
HQ H025747
June 20, 2008
MAR-2-05 OT:RR:CTF:VS H025747 GOB
Category: Marking.
Craig J. Catalano, Vice President of Global Development, Score Fiber
Optics, 380 Townline Road, Hauppauge, NY 11788
Re: U.S. Government Procurement; Title III, Trade Agreements Act of
1979 (19 U.S.C. 2511); Subpart B, Part 177, CBP Regulations; Fiber
Optic Cable
Dear Mr. Catalano: This is in response to your letter of December
13, 2007, requesting a final determination on behalf of Score Fiber
Optics (``Score''), pursuant to subpart B of Part 177, Customs and
Border Protection (``CBP'') Regulations (19 CFR 177.21 et seq.). Your
letter of December 13, 2007, as well as your later correspondence of
January 24, 2008 and February 27, 2008, were forwarded to this office
by the National Commodity Specialists Division by memorandum of March
25, 2008. Under the pertinent regulations, which implement Title III of
the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.),
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 purpose of granting waivers of
certain ``Buy American'' restrictions in
[[Page 36346]]
U.S. law or practice for products offered for sale to the U.S.
Government.
This final determination concerns the country of origin of certain
fiber optic cable with end connectors. We note that Score is a party-
at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled
to request this final determination.
Facts
You describe the pertinent facts as follows. Both Score and its
parent company, Epcom,\1\ purchase fiber optic cable from an unrelated
company in the United States, Corning, Inc. (``Corning''). Corning
states that the fiber optic cable is produced in the United States and
has provided a Certificate of Origin indicating that 50 cartons of the
fiber optic cable are a product of the United States. The fiber optic
cable is a standard fiber optic cable and may consist of one or more
fiber optic fibers for strength. A thermoplastic coating provides
protection for the very thin fibers. Score exports the spools of
finished fiber optic cable to China where the fiber optic cable is cut
to length and metal connectors made in China are applied to the fiber
optic cable. Specifically, the spooled fiber optic cable is cut to
length. Each end of the cut cable is threaded through a metal holder
where about two inches of sheathing are removed from each end of the
cable. Any exposed fiber is cut off and the plastic jacketing of the
optical fiber is removed. The exposed fiber is cleaned with alcohol and
measured. It is then threaded through a connector, glued to the
connector, and excess fiber is trimmed. The connectors are placed into
a finishing machine, where the fiber ends are automatically beveled and
polished. Metal springs are inserted into a connector and welded into
place. The connectors are cleaned and tested.
---------------------------------------------------------------------------
\1\ Your submission indicates that Score and Epcom act together
in the activities described in this ruling.
---------------------------------------------------------------------------
Score purchases or manufactures a metal ferrule in China. The
ferrule, which is a hollow cylinder, is used to align the ends of the
optical fibers as the fibers are inserted into the connectors. The
hollow center of the ferrule contains one channel that is designed to
fit the optical fiber and to align the fiber ends, enabling light to
pass through the connection. Score purchases or manufactures metal
parts to be used in the cable connectors. These parts are made in
China.
You furnished a sample (item no. SS-11SCU-SCU-001) which is a
single optic fiber, approximately 42 inches long, with thermoplastic
coating and connectors at each end. You state that Score will be
exporting and reimporting many similar products. The finished article
is used to connect equipment to telecommunication networks.
In addition to country of origin for government procurement, you
ask if you may mark the fiber optic cable ``Made in the United
States.''
Issue
What is the country of origin of the subject fiber optic cable with
end connectors for the purpose of U.S. Government procurement?
Law and Analysis
Pursuant to Subpart B of Part 177, 19 CFR 177.21 et seq., which
implements Title III of the Trade Agreements Act of 1979, as amended
(19 U.S.C. 2511 et seq.), 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.
Under the rule of origin set forth under 19 U.S.C. 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 CFR 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
CFR 177.21. In this regard, CBP recognizes that the Federal Procurement
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. See 48 CFR 25.403(c)(1). The Federal Procurement
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 a name,
character, or use distinct from that of the article or articles from
which it was transformed.
48 CFR 25.003.
In determining whether the combining of parts or materials
constitutes a substantial transformation, the determinative issue 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, 573 F. Supp. 1149 (Ct. Int'l Trade 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, C.S.D. 80-111, C.S.D.
85-25, C.S.D. 89-110, C.S.D. 89-118, C.S.D. 90-51, and C.S.D. 90-97. If
the manufacturing or combining process is a minor one which leaves the
identity of the article intact, a substantial transformation has not
occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026
(1982), aff'd 702 F.2d 1022 (Fed. Cir. 1983). In Uniroyal, the court
determined that a substantial transformation did not occur when an
imported upper, the essence of the finished article, was combined with
a domestically produced outsole to form a shoe.
In order to determine whether a substantial transformation occurs
when components of various origins are assembled into completed
products, CBP considers the totality of the circumstances and makes
such determinations on a case-by-case basis. The country of origin of
the item's components, extent of the processing that occurs within a
country, and whether such processing renders a product with a new name,
character, and use are primary considerations in such cases.
Additionally, factors such as the resources expended on product design
and development, extent and nature of post-assembly inspection and
testing procedures, and the degree of skill required during the actual
manufacturing process may be relevant when determining whether a
substantial transformation has occurred. No one factor is
determinative.
In HQ 561392 dated June 21, 1999, CBP considered the country of
origin marking requirements of an insulated electric conductor which
involved an electrical cable with pin connectors at each end used to
connect computers to printers or other peripheral devices. The cable
and connectors were made in Taiwan. In China, the cable was cut to
length and connectors were attached to the cable. CBP held that cutting
the cable to length and assembling the cable to the connectors in China
did not result in a substantial transformation. In HQ 560214 dated
September 3, 1997, CBP held that where wire rope cable was cut to
length, sliding hooks were put on the rope, and end ferrules were
swaged on in the U.S., the wire rope cable was not
[[Page 36347]]
substantially transformed. CBP concluded that the wire rope maintained
its character and did not lose its identity and did not become an
integral part of a new article when attached with the hardware. In HQ
555774 dated December 10, 1990, CBP held that Japanese wire cut to
length and electrical connectors crimped onto the ends of the wire was
not a substantial transformation. In HQ 562754 dated August 11, 2003,
CBP found that cutting of cable to length and assembling the cable to
the Chinese-origin connectors in China did not result in a substantial
transformation of the cable.
Based upon the facts presented and the pertinent authorities, we
determine that U.S.-origin fiber optic cable exported to China and
processed in China as described above, is not substantially transformed
in China into a new and different article of commerce with a name,
character, and use distinct from the article exported. Therefore, the
fiber optic cable with end connectors is considered a product of the
United States for the purpose of government procurement.
Further, the fiber optic cable with end connectors is not required
to be marked ``Made in China.'' For a determination as to whether you
may mark the finished product ``Made in the U.S.,'' please contact the
Federal Trade Commission.
Holding
The fiber optic cable of U.S. origin, which is exported to China
and processed in China as described above, is not substantially
transformed in China into a new and different article of commerce with
a name, character, and use distinct from the article exported.
Therefore, the fiber optic cable is considered a product of the United
States for the purpose of government procurement.
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. Pursuant to 19 CFR 177.30, 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,
Sandra L. Bell,
Executive Director, Office of Regulations and Rulings, Office of
International Trade.
[FR Doc. E8-14531 Filed 6-25-08; 8:45 am]
BILLING CODE 9111-14-P
