Notice of Domestic Interested Party Petitioner's Contesting of Classification Determination, 28054-28055 [E9-13938]
Download as PDF
<![CDATA[
28054
Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0431 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
CWO2 David Mauldin, District Eight,
Prevention Branch, U.S. Coast Guard,
telephone 504–671–2153. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The offshore supply vessel BLN HULL
563 will be used for offshore supply
operations. Full compliance with 72
COLREGS and Inland Rules Act will
hinder the vessel’s ability to maneuver
within close proximity of offshore
platforms. Due to the design of the
vessel, it would be difficult and
impractical to build a supporting
structure that would put the side lights
within 5.6′ from the greatest breadth of
the vessel, as required by Annex I,
paragraph 3(b) of the 72 COLREGS and
Annex I, Section 84.05(b) of the Inland
Rules Act. Compliance with the rule
would cause the lights on the supply
vessel BLN HULL 563 to be in a location
which would be highly susceptible to
damage from offshore platforms. The
supply vessel BLN HULL 563 cannot
comply fully with lighting requirements
as set out in international regulations
without interfering with the special
function of the vessel (33 U.S.C. 1605(c);
33 CFR 81.18).
Locating the sidelights 12′-41⁄4″
inboard from the greatest breadth of the
vessel on the pilot house will provide a
shelter location for the lights and allow
maneuvering within close proximity to
offshore platforms. In addition, the
forward masthead light may be located
on the top forward portion of the
pilothouse 38′-21⁄4″ above the hull.
Placing the forward masthead light at
the height required by Annex I,
paragraph 2(a) of the 72 COLREGS
would result in a masthead light
location highly susceptible to damage
when working in close proximity to
offshore platforms. Furthermore, the
horizontal distance between the forward
and aft masthead lights may be 18′109⁄16″. Placing the aft masthead light at
VerDate Nov<24>2008
17:53 Jun 11, 2009
Jkt 217001
the horizontal distance from the forward
masthead light, as required by Annex I,
paragraph 3(a) of the 72 COLREGS, and
Annex I, Section 84.05(a) of the Inland
Rules Act, would result in an aft
masthead light location directly over the
aft cargo deck where it would interfere
with loading and unloading operations.
Lastly, the aft anchor light may be
placed 25′-15⁄16″ off centerline to the
starboard side of the vessel, just forward
of the stern. Placing the aft anchor light
directly over the aft cargo deck would
interfere with loading and unloading
operations.
The Certificate of Alternative
Compliance allows for the placement of
the sidelights to deviate from
requirements set forth in Annex I,
paragraph 3(b) of 72 COLREGS, and
Annex I, paragraph 84.05(b) of the
Inland Rules Act. In addition, the
Certificate of Alternative Compliance
allows for the vertical placement of the
forward masthead light to deviate from
requirements set forth in Annex I,
paragraph 2(a) of 72 COLREGS.
Furthermore, the Certificate of
Alternative Compliance allows for the
horizontal separation of the forward and
aft masthead lights to deviate from the
requirements of Annex I, paragraph 3(a)
of 72 COLREGS, and Annex I, Section
84.05(a) of the Inland Rules Act. Lastly,
the Certificate of Alternative
Compliance allows for the placement of
the aft anchor light to deviate from the
requirements of Rule 30(a)(ii) of 72
COLREGS and Rule 30(a)(ii) of the
Inland Rules Act.
This notice is issued under authority
of 33 U.S.C. 1605(c), and 33 CFR 81.18.
party petition in accordance with the
procedures of section 516 of the Tariff
Act of 1930, as amended, and 19 CFR
Part 175 regarding the tariff
classification of imported optical glass
preforms. The petition challenged CBP’s
classification of optical glass preforms
under subheading 7002.20.10,
Harmonized Tariff Schedule of the
United States (HTSUS), and requested
CBP to reclassify all optical glass
preforms under subheading 7020.00.60,
HTSUS, as other articles of glass, or,
alternatively, under 9001.10.00, HTSUS,
as unfinished optical fibers. On July 14,
2008, Customs and Border Protection
(CBP) denied the petition and affirmed
its decision that optical glass preforms
are classified in subheading 7002.20.10,
HTSUS, as glass rods of fused quartz or
other fused silica, unworked. In
accordance with 19 CFR 175.23 and
175.24, CBP is providing notice of its
classification decision and is also giving
notice of the receipt of petitioner’s
desire to contest this decision in court.
DATES: June 12, 2009.
FOR FURTHER INFORMATION CONTACT:
Allyson R. Mattanah, Tariff
Classification and Marking Branch,
Regulations and Rulings, Office of
International Trade, (202) 325–0029.
SUPPLEMENTARY INFORMATION:
Dated: May 15, 2009.
Verne B. Gifford,
Captain, U.S. Coast Guard, By Direction of
the Commander, Eighth Coast Guard District.
[FR Doc. E9–13773 Filed 6–11–09; 8:45 am]
Classification of Optical Glass Preforms
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Notice of Domestic Interested Party
Petitioner’s Contesting of
Classification Determination
AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of petitioner’s desire to
contest classification determination.
SUMMARY: On August 4, 2006, a
domestic manufacturer of glass preforms
for optical fibers (‘‘optical glass
preforms’’) filed a domestic interested
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
Background
This document concerns the
classification of imported optical glass
preforms by Customs and Border
Protection (CBP) and the desire of a
domestic interested party to contest
CBP’s classification decision.
Classification under the Harmonized
Tariff Schedule of the United States
(HTSUS) is made in accordance with
the General Rules of Interpretation
(GRIs). GRI 1 provides that classification
shall be determined according to the
terms of the headings and any relative
section or chapter notes. Merchandise
that cannot be classified in accordance
with GRI 1 is to be classified in
accordance with subsequent GRIs taken
in order. The Explanatory Notes to the
Harmonized Commodity Description
and Coding System, which represent the
official interpretation of the tariff at the
international level, facilitate
classification under the HTSUS by
offering guidance in understanding the
scope of the headings and GRIs.
Optical fibers (also known as fiber
optics) are long, thin strands of pure
glass about the diameter of a human
hair. They are arranged in bundles
called optical cables and used to
transmit light signals over long
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
distances. The light travels through the
core by constantly bouncing from
mirror-lined walls, known as the
cladding. Because the cladding does not
absorb any light from the core, the light
wave can travel great distances.
Upon importation, glass preforms for
optical fibers (‘‘optical glass preforms’’)
consist of glass rods of various sizes and
dimensions from which glass optical
fiber is fabricated. They are produced by
a two-step process. In the first step,
called Vapor Axial Deposition,
extremely fine dusts of silica
tetrachloride fuse into a rod when
drawn through an annealing furnace,
creating the core layer of the optical
glass preform. In the second step, the
cladding layer is added by fusing a layer
of silica dioxide powder to the outside
of the core rod. The result is that the
core and cladding of the optical glass
preform is made of visibly different
layers of glass because of their different
refractive indexes.
Heading 7002, HTSUS, provides for
‘‘Glass in balls (other than microspheres
of heading 7018), rods or tubes,
unworked’’. This is an eo nomine
provision that covers unworked glass
rods. Subheading 7002.20.10, HTSUS,
provides for ‘‘Rods: of fused quartz or
other fused silica’’. The 2009 column
one, general rate of duty for this
provision is free.
Heading 7020, HTSUS, provides for
‘‘Other articles of glass’’ and subheading
7020.00.60, HTSUS, provides for
‘‘Other’’. This is a basket provision that
provides for articles of glass not
otherwise covered in Chapter 70 of the
HTSUS. The 2009 column one, general
rate of duty under this provision is 5
percent ad valorem.
Heading 9001, HTSUS, provides for
‘‘Optical fibers and optical fiber
bundles; optical fiber cables other than
those of heading 8544; sheets and plates
of polarizing material; lenses (including
contact lenses), prisms, mirrors and
other optical elements, of any material,
unmounted, other than such elements of
glass not optically worked’’. Subheading
9001.10.00, HTSUS, provides for
‘‘Optical fibers, optical fiber bundles
and cables, and other’’. The 2009
column one, general rate of duty for this
provision is 6.7 percent ad valorem.
On April 21, 2006, CBP issued
Headquarters Ruling (HQ) 967058 to
Lucent Technologies regarding optical
glass preforms. In this ruling, CBP
concluded that the proper classification
is under subheading 7002.20.10,
HTSUS. CBP found that because the
manufacture of optical glass preforms is
a process that requires multiple steps,
the articles are not complete until the
desired layers are created and form a
VerDate Nov<24>2008
17:53 Jun 11, 2009
Jkt 217001
pure, solid whole. Therefore, the
‘‘working’’ of glass articles occurs after
their creation.
Filing of Domestic Interested Party
Petition
On August 4th, 2006, Corning, a
manufacturer of optical glass preforms
in the U.S., filed a domestic interested
party petition, in accordance with
section 516, Tariff Act of 1930, as
amended (19 U.S.C. 1516), requesting
that CBP reclassify imported optical
glass preforms in either of subheadings
7020.00.60 or 9001.10.00, HTSUS.
Corning’s challenge of CBP’s
classification of these optical glass
preforms turned on the issue of whether
the different glass refractions evidence
the existence of a glass core rod which
has been ‘‘worked’’ by the addition to it
of a layer of cladding glass.
On March 28, 2007, in accordance
with 19 CFR 175.21, CBP published a
Notice of Receipt of Domestic Interested
Party Petition filed by petitioner
Corning in the Federal Register (72 FR
14603). The notice invited written
comments on the petition from
interested parties until May 27, 2007.
Two comments were received in
response to this notice, both of which
concurred with CBP’s position that the
optical glass preforms described in HQ
967058 are classified in subheading
7002.20.10, HTSUS.
Decision on Petition and Notice of
Petitioner’s Desire To Contest
On July 14, 2008, CBP issued HQ
W968361, denying Corning’s Domestic
Interested Party Petition and satisfying
the requirements of 19 CFR 175.22(b) by
providing the petitioner with
notification that the classification of the
imported optical glass preforms was
found to be correct. CBP classified the
optical glass preforms based on its
finding that these goods are solid multilayered rods made from fused silica that
are unworked in their condition as
imported. This letter officially notified
the petitioner that ‘‘CBP correctly
classified the glass preform described in
HQ 967058, by application of GRI 1,
under heading 7002, HTSUS, and
specifically under subheading
7002.20.1000, as glass rods, unworked,
of fused quartz or other fused silica.’’
On August 6, 2008, Corning timely
provided CBP with notice of its desire
to contest HQ W968361 in the United
States Court of International Trade and
its desire to contest the liquidation of
entries of optical glass preforms at the
Port of Charlotte, North Carolina in
accordance with 19 U.S.C. 1516(c) and
19 CFR 175.23.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
28055
As required by both the applicable
statute and regulations, CBP is in receipt
of Corning’s letter, dated August 6,
2008, establishing the timely notice of
its desire to contest in the Court of
International Trade CBP’s decision letter
of HQ W968361 which held that the
classification of imported optical glass
preforms is under subheading
7002.20.10, HTSUS, as glass rods,
unworked, of fused quartz or other
fused silica.
Authority: This notice is published in
accordance with 19 U.S.C. 1516 and sections
175.23 and 175.24 of the CBP Regulations (19
CFR 175.23–24).
Dated: June 9, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border
Protection.
[FR Doc. E9–13938 Filed 6–11–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5330–D–01]
Delegation of Authority for
Homelessness Prevention and Rapid
Re-Housing Program
Office of the Secretary, HUD.
Notice of delegation of
authority.
AGENCY:
ACTION:
SUMMARY: In this notice, the Secretary
delegates to the Assistant Secretary for
Community Planning and Development
and the General Deputy Assistant
Secretary for Community Planning and
Development the authority necessary to
implement the Homelessness
Prevention and Rapid Re-Housing
Program (HPRP) which was established
under the Homelessness Prevention
Fund heading of Division A, Title XII of
the American Recovery and
Reinvestment Act of 2009.
DATES: Effective Date: June 5, 2009.
FOR FURTHER INFORMATION CONTACT: Ann
Oliva, Director, Office of Special Needs
Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410, (202) 708–4300.
(This is not a toll-free number.) For
hearing/speech-impaired individual,
this number may be accessed via TTY
by calling the Federal Information Relay
Service at 1–800–877–8399.
SUPPLEMENTARY INFORMATION: This
notice states the scope of authority
given to the Assistant Secretary for
Community Planning and Development
and the General Deputy Assistant
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Pages 28054-28055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13938]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Domestic Interested Party Petitioner's Contesting of
Classification Determination
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of petitioner's desire to contest classification
determination.
-----------------------------------------------------------------------
SUMMARY: On August 4, 2006, a domestic manufacturer of glass preforms
for optical fibers (``optical glass preforms'') filed a domestic
interested party petition in accordance with the procedures of section
516 of the Tariff Act of 1930, as amended, and 19 CFR Part 175
regarding the tariff classification of imported optical glass preforms.
The petition challenged CBP's classification of optical glass preforms
under subheading 7002.20.10, Harmonized Tariff Schedule of the United
States (HTSUS), and requested CBP to reclassify all optical glass
preforms under subheading 7020.00.60, HTSUS, as other articles of
glass, or, alternatively, under 9001.10.00, HTSUS, as unfinished
optical fibers. On July 14, 2008, Customs and Border Protection (CBP)
denied the petition and affirmed its decision that optical glass
preforms are classified in subheading 7002.20.10, HTSUS, as glass rods
of fused quartz or other fused silica, unworked. In accordance with 19
CFR 175.23 and 175.24, CBP is providing notice of its classification
decision and is also giving notice of the receipt of petitioner's
desire to contest this decision in court.
DATES: June 12, 2009.
FOR FURTHER INFORMATION CONTACT: Allyson R. Mattanah, Tariff
Classification and Marking Branch, Regulations and Rulings, Office of
International Trade, (202) 325-0029.
SUPPLEMENTARY INFORMATION:
Background
This document concerns the classification of imported optical glass
preforms by Customs and Border Protection (CBP) and the desire of a
domestic interested party to contest CBP's classification decision.
Classification of Optical Glass Preforms
Classification under the Harmonized Tariff Schedule of the United
States (HTSUS) is made in accordance with the General Rules of
Interpretation (GRIs). GRI 1 provides that classification shall be
determined according to the terms of the headings and any relative
section or chapter notes. Merchandise that cannot be classified in
accordance with GRI 1 is to be classified in accordance with subsequent
GRIs taken in order. The Explanatory Notes to the Harmonized Commodity
Description and Coding System, which represent the official
interpretation of the tariff at the international level, facilitate
classification under the HTSUS by offering guidance in understanding
the scope of the headings and GRIs.
Optical fibers (also known as fiber optics) are long, thin strands
of pure glass about the diameter of a human hair. They are arranged in
bundles called optical cables and used to transmit light signals over
long
[[Page 28055]]
distances. The light travels through the core by constantly bouncing
from mirror-lined walls, known as the cladding. Because the cladding
does not absorb any light from the core, the light wave can travel
great distances.
Upon importation, glass preforms for optical fibers (``optical
glass preforms'') consist of glass rods of various sizes and dimensions
from which glass optical fiber is fabricated. They are produced by a
two-step process. In the first step, called Vapor Axial Deposition,
extremely fine dusts of silica tetrachloride fuse into a rod when drawn
through an annealing furnace, creating the core layer of the optical
glass preform. In the second step, the cladding layer is added by
fusing a layer of silica dioxide powder to the outside of the core rod.
The result is that the core and cladding of the optical glass preform
is made of visibly different layers of glass because of their different
refractive indexes.
Heading 7002, HTSUS, provides for ``Glass in balls (other than
microspheres of heading 7018), rods or tubes, unworked''. This is an eo
nomine provision that covers unworked glass rods. Subheading
7002.20.10, HTSUS, provides for ``Rods: of fused quartz or other fused
silica''. The 2009 column one, general rate of duty for this provision
is free.
Heading 7020, HTSUS, provides for ``Other articles of glass'' and
subheading 7020.00.60, HTSUS, provides for ``Other''. This is a basket
provision that provides for articles of glass not otherwise covered in
Chapter 70 of the HTSUS. The 2009 column one, general rate of duty
under this provision is 5 percent ad valorem.
Heading 9001, HTSUS, provides for ``Optical fibers and optical
fiber bundles; optical fiber cables other than those of heading 8544;
sheets and plates of polarizing material; lenses (including contact
lenses), prisms, mirrors and other optical elements, of any material,
unmounted, other than such elements of glass not optically worked''.
Subheading 9001.10.00, HTSUS, provides for ``Optical fibers, optical
fiber bundles and cables, and other''. The 2009 column one, general
rate of duty for this provision is 6.7 percent ad valorem.
On April 21, 2006, CBP issued Headquarters Ruling (HQ) 967058 to
Lucent Technologies regarding optical glass preforms. In this ruling,
CBP concluded that the proper classification is under subheading
7002.20.10, HTSUS. CBP found that because the manufacture of optical
glass preforms is a process that requires multiple steps, the articles
are not complete until the desired layers are created and form a pure,
solid whole. Therefore, the ``working'' of glass articles occurs after
their creation.
Filing of Domestic Interested Party Petition
On August 4th, 2006, Corning, a manufacturer of optical glass
preforms in the U.S., filed a domestic interested party petition, in
accordance with section 516, Tariff Act of 1930, as amended (19 U.S.C.
1516), requesting that CBP reclassify imported optical glass preforms
in either of subheadings 7020.00.60 or 9001.10.00, HTSUS. Corning's
challenge of CBP's classification of these optical glass preforms
turned on the issue of whether the different glass refractions evidence
the existence of a glass core rod which has been ``worked'' by the
addition to it of a layer of cladding glass.
On March 28, 2007, in accordance with 19 CFR 175.21, CBP published
a Notice of Receipt of Domestic Interested Party Petition filed by
petitioner Corning in the Federal Register (72 FR 14603). The notice
invited written comments on the petition from interested parties until
May 27, 2007. Two comments were received in response to this notice,
both of which concurred with CBP's position that the optical glass
preforms described in HQ 967058 are classified in subheading
7002.20.10, HTSUS.
Decision on Petition and Notice of Petitioner's Desire To Contest
On July 14, 2008, CBP issued HQ W968361, denying Corning's Domestic
Interested Party Petition and satisfying the requirements of 19 CFR
175.22(b) by providing the petitioner with notification that the
classification of the imported optical glass preforms was found to be
correct. CBP classified the optical glass preforms based on its finding
that these goods are solid multi-layered rods made from fused silica
that are unworked in their condition as imported. This letter
officially notified the petitioner that ``CBP correctly classified the
glass preform described in HQ 967058, by application of GRI 1, under
heading 7002, HTSUS, and specifically under subheading 7002.20.1000, as
glass rods, unworked, of fused quartz or other fused silica.''
On August 6, 2008, Corning timely provided CBP with notice of its
desire to contest HQ W968361 in the United States Court of
International Trade and its desire to contest the liquidation of
entries of optical glass preforms at the Port of Charlotte, North
Carolina in accordance with 19 U.S.C. 1516(c) and 19 CFR 175.23.
As required by both the applicable statute and regulations, CBP is
in receipt of Corning's letter, dated August 6, 2008, establishing the
timely notice of its desire to contest in the Court of International
Trade CBP's decision letter of HQ W968361 which held that the
classification of imported optical glass preforms is under subheading
7002.20.10, HTSUS, as glass rods, unworked, of fused quartz or other
fused silica.
Authority: This notice is published in accordance with 19 U.S.C.
1516 and sections 175.23 and 175.24 of the CBP Regulations (19 CFR
175.23-24).
Dated: June 9, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E9-13938 Filed 6-11-09; 8:45 am]
BILLING CODE 9111-14-P
