Notice of Issuance of Final Determination Concerning Toner Cartridges and Image Drums, 58970-58973 [E9-27350]
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Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices
file an appeal at 5 hours per appeal for
an average annual hour burden of 210
hours.
For the STA requirement, based on a
15-minute estimate for each of the
average 40,003 annual responses, TSA
estimates that the average annual
burden will be 10,001 hours.
For the Known Shipper Management
System (KSMS), given that the IAC or
aircraft operator must input a name,
address, and telephone number, TSA
estimates it will take 2 minutes for the
792,000 electronic submissions for a
total annual burden of 26,400 hours.
Also for KSMS, TSA estimates it will
take one hour for the 8,000 manual
submissions for a total annual burden of
8,000 hours.
TSA estimates out of the 480 total
aircraft operators and foreign air carriers
impacted by TSA regulations, 135
aircraft operators and foreign air carriers
will submit cargo screening reporting
information because not all aircraft
operators and foreign air carriers
transport cargo. TSA estimates this will
take an estimated one hour per week (52
hours per year) for a total average
annual burden of 6,994 hours. For
recordkeeping, based on a 5-minute
estimate for each of the 40,003 average
annual responses, TSA estimates that
the total average annual burden will be
3,320 hours.
Issued in Arlington, Virginia, on
November 9, 2009.
Joanna Johnson,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. E9–27349 Filed 11–13–09; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Notice of Issuance of Final
Determination Concerning Toner
Cartridges and Image Drums
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
SUMMARY: This document provides
notice that the Bureau of U.S. Customs
and Border Protection (‘‘CBP’’) has
issued a final determination concerning
the country of origin of certain toner
cartridges and image drums to be
offered to the United States Government
under an undesignated government
procurement contract. Based upon the
facts presented, in the final
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determination CBP concluded that
Japan is the country of origin of the
subject toner cartridges and the United
States is the country of origin of the
subject image drums for purposes of
U.S. Government procurement.
DATES: The final determination was
issued on November 9, 2009. 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
December 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Karen S. Greene, Valuation and Special
Programs Branch, Regulations and
Rulings, Office of International Trade
(202–325–0041).
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on November 9, 2009,
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 certain toner cartridges and
image drums to be offered to the United
States Government under an
undesignated government procurement
contract. This final determination, in
HQ W563548, was issued at the request
of Oki Data Americas, Inc. 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).
The final determination concluded
that, based upon the facts presented, the
replacement in the United States of
minor components of U.S. and foreign
origin and the addition of Japaneseorigin toner to a Chinese-origin toner
cartridge do not substantially transform
the toner cartridge into a product of the
United States. Therefore, the last
country in which the toner cartridge
undergoes a substantial transformation
is based on the essential character of the
toner cartridge, which is the toner from
Japan. Based upon the facts presented,
the final determination also concluded
that the disassembly in the United
States of a Thai-origin image drum, the
cleaning and reassembly of salvageable
parts, and the replacement of a
significant number of parts essential to
the functionality of the image drum
result in a substantial transformation of
the components into a product of the
United States.
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
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final determination within 30 days of
publication of such determination in the
Federal Register.
Dated: November 9, 2009.
Sandra L. Bell,
Executive Director, Office of Regulations and
Rulings, Office of International Trade.
Attachment
HQ W563548
November 9, 2009
MAR–2–05 RR:CTF:VS W563548 KSG
CATEGORY: Marking
Mr. Stephen E. Becker
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, N.W.,
Washington, DC 20037–1122
RE: U.S. Government Procurement; Title III,
Trade Agreements Act of 1979 (19 U.S.C.
§ 2511); Subpart B, Part 177, Customs and
Border Protection Regulations (19 CFR
§ 177); Final Determination; country of
origin of remanufactured toner cartridges
and image drums
Dear Mr. Becker:
This is in response to your letter dated July
28, 2006, requesting a final determination on
behalf of Oki Data Americas, Inc. (‘‘Oki
Data’’), pursuant to subpart B of Part 177,
Customs Regulations (19 C.F.R. § 177.21 et
seq.). Under these regulations, which
implement Title III of the Trade Agreements
Act of 1979, as amended (19 U.S.C. § 2511 et
seq.), U.S. Customs and Border Protection
(‘‘CBP’’) issues country of origin advisory
rulings and final determinations on whether
an article is or would be a product of a
designated foreign country or instrumentality
for the purpose of granting waivers of certain
‘‘Buy American’’ restrictions in 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 remanufactured
toner cartridges and image drums. We note
that Oki Data is a party-at-interest within the
meaning of 19 C.F.R. § 177.22(d)(1) and is
entitled to request this final determination. In
issuing this final determination, we have
given consideration to the arguments
presented during a meeting at our offices on
November 17, 2006, and your additional
submissions dated September 12, 2006,
September 28, 2006, November 17, 2006, and
November 30, 2006, which include
photographs of the articles at various stages
of the processes performed.
FACTS:
I. Toner Cartridges
You advise us that Oki Data will
remanufacture C7300/7500 Series toner
cartridges at its facility in Mount Laurel, New
Jersey. You state that the spent toner
cartridges were originally manufactured in
China and that the toner cartridges were used
in printers in the United States. You also
indicate that the actual cartridges lack any
notation of their origin.
You advise that the toner cartridge is
comprised of 52 parts plus toner. The
remanufactured cartridge will consist of 20
newly manufactured parts: 14 from the
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United States, 1 from the United Kingdom,
and 5 from China. Such parts include, among
others, the stopper film, the toner cap, the
lever stopper, the left and right lockout
plates, and, if damaged, the foam seal cap,
and seal sponge. In addition, the
remanufactured cartridges will be filled with
new toner of Japanese origin, which you
advise is the most valuable component of the
remanufactured cartridge. Thirty-two parts
will be salvaged from the used cartridges and
reused in the remanufactured toner cartridge.
When the depleted cartridges arrive at the
facility in New Jersey, they are inspected for
salvage. Acceptable cartridges will undergo
the following key remanufacturing
operations: (1) the exterior of the cartridge is
vacuumed; (2) the seal tape, lever stopper,
and remaining toner are removed; (3) the left
side plate and spiral rod are removed and
cleaned; (4) if necessary, the foam seal cap
and seal sponge are replaced; (5) the cartridge
interior is vacuumed and cleaned; (6) the
stopper film is removed from the inner
shutter and replaced with a new stopper film;
(7) the inner shutter is reassembled; (8) the
toner cap is removed; (9) the mixing bar and
spiral rod are reinserted; (10) the left side
plate is reassembled, and the technician
verifies that the mixing bar and spiral rod
engage with the mixing boss of the left side
plate; (11) the partition film is reset; (12) seal
tape is applied to the cartridge; (13) new
toner is added to the cartridge; (14) a new
toner cap and new lever stopper are installed;
(15) the cartridge exterior is vacuumed and
cleaned; (16) the cartridge is inspected for
leakage; (17) a bar code is printed and
applied to the cartridge; (18) the cartridge
and light-emitting diode (‘‘LED’’) lens cleaner
are placed into a black poly bag, which is
then heat sealed; (19) the bagged cartridge is
placed in a box, and a duplicate bar code
label is applied to the box; and (20) in some
instances, four boxed cartridges are inserted
into labeled four-pack boxes, which are
placed on pallets.
II. Image Drums
Oki Data will remanufacture the C7300/
C7500 Series image drums at its facility in
Mount Laurel, New Jersey. You state that the
used image drums originally were
manufactured in Thailand and that the image
drums were used in printers in the United
States. You also indicate that the actual
image drums lack any notation of their
origin.
You advise that the image drum is
comprised of 110 component parts. Of this
number, 56 parts will be newly manufactured
in various countries: 12 in the United States,
1 in Canada, 5 in Japan, and 38 in Thailand.
Several of the newly manufactured parts that
will replace the worn parts of the used image
drum are significant to the functionality of
the product and include, among others, the
organic photoreceptor drum (‘‘OPC’’), the
developing roller, the charge roller, and the
cleaning blade. All of these parts and the new
lubricating toner powder originate in Japan.
You state that the OPC drum is the most
valuable component of the image drum.
Fifty-four parts will be salvaged from the
used image drums.
When the used image drums arrive at the
New Jersey facility, their revision levels and
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previous remanufacturing statuses are
verified. Acceptable image drums undergo
the following key remanufacturing
operations: (1) the top cover of the image
drum is removed and cleaned; (2) the
developer blade assembly is removed and the
blade is discarded; (3) the left side plate is
removed to expose the OPC drum, the
cleaning blade, and the charge, developer,
and sponge rollers; (4) the charge roller is
removed and discarded; (5) the right side
plate is removed; (6) the developer roller and
gear are removed and discarded; (7) the toner
powder is removed from the sponge roller
assembly; (8) the OPC drum is removed and
discarded; (9) the roller sponge assembly is
removed, the mixing bar and plastic plates
are saved, and the roller sponge, six gears,
the sponge seals, felt sponges, and subsponge roller are discarded; (10) the cleaning
blade assembly is removed and discarded;
(11) the spring spiral is removed from the
frame base; (12) the disassembled parts are
cleaned; (13) the left side plate is
reassembled using a new gear belt, belt toner,
spiral part, e-ring, and new gear idles and
electrical contacts (certain revision levels
will receive a new left side plate and frame
base); (14) a new cleaning blade and cleaning
gear are installed into the frame base; (15) a
new roller sponge, new sponge seals and felt
sponges, and the salvaged mixing bar and
plastic plates are used to assemble a new
roller sponge assembly, which is then
attached to the frame base; (16) a new OPC
drum, roller developer, and fuse assembly are
installed into the frame base; (17) the right
side plate is reattached to the frame base; (18)
a new charge roller is installed in the right
side plate assembly; (19) the left side plate
assembly is attached to the frame base; (20)
a new blade developer is installed into the
frame base assembly; (21) new toner is added
to the toner hopper of the blade developer;
(22) the top cover is reattached to the frame
base; (23) the image drum’s print quality is
tested; (24) the image drum is wrapped in
two types of protective sheeting and a new
toner cover is installed; (25) a serial number
label and date code label are applied to the
image drum; (26) the image drum is placed
into a black bag and packed into a labeled
box, along with the warranty sheet, ecology
sheet, and shipping label; and (27) three
single-pack boxes are placed into a labeled
overpack box, which is loaded onto a pallet.
Essentially, the spent image drum is almost
completely disassembled, and the new parts
mentioned above are used to construct a
functioning image drum.
ISSUE:
What are the countries of origin of the
remanufactured toner cartridges and image
drums for purposes of U.S. Government
procurement?
LAW AND ANALYSIS:
Pursuant to Subpart B of Part 177, 19
C.F.R. § 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 on whether an article is
or would be a product of a designated
country or instrumentality for the purposes
of granting waivers of certain ‘‘Buy
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58971
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 C.F.R. 177.22(a).
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, 6 Ct. Int’l Trade 204,
573 F. Supp. 1149 (1983), aff’d, 741 F.2d
1368 (Fed. Cir. 1984). If the manufacturing or
combining process is a minor one which
leaves the identity of the imported articles
intact, a substantial transformation has not
occurred. Uniroyal Inc. v. United States, 3 Ct.
Int’l Trade 220, 542 F. Supp. 1026 (1982). In
Uniroyal, a country of origin marking case,
the court considered whether the addition of
outsoles in the United States to imported
shoe uppers from Indonesia effected a
substantial transformation of the uppers. In
finding that the upper was the ‘‘very
essence’’ of the completed shoe, the court
held that a substantial transformation of the
uppers did not occur, as the attachment of
the outsoles to the uppers was a minor
manufacturing or combining process that left
the identity of the uppers intact. Hence, the
uppers were required to be marked with
Indonesia as their country of origin.
I. Disassembly and Remanufacturing
Operations
CBP has examined disassembly and
remanufacture of articles under a variety of
circumstances. In some instances, CBP has
found a substantial transformation to occur
when articles are disassembled and used in
the assembly of articles. In HRL 734213,
dated February 20, 1992, CBP held that the
disassembly of an imported computer
monitor and the installation of a U.S.
touchscreen constituted a substantial
transformation of the monitor for marking
purposes. In New York Ruling Letter (‘‘NY’’)
183759, dated June 28, 2002, CBP found that
fuel tank assemblies disassembled from
completed motor vehicles in Germany and
imported into the United States were
substantially transformed when the
assemblies and the motor vehicle bodies
were assembled into completed motor
vehicles and sold in the United States. See
also HRL 561322, dated May 11, 1999 (an
aircraft fuselage, imported disassembled, was
substantially transformed into a product of
the United States when it was reassembled
and combined with engines, avionics, and
landing gear to make a completed aircraft). In
NY G87305, dated March 12, 2001, CBP
found that two laser printer cartridge models,
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originally manufactured in either China or
Japan were to be marked as products of China
as a result of remanufacturing operations
performed in that country. CBP noted that
these models were not simple toner
cartridges, but models containing both
development units and cleaning units.
During the remanufacturing process, the
cartridges were disassembled into over 30
individual parts or subassemblies, inspected,
cleaned and reconditioned, and sorted by
type into bins. The essential identity of the
used cartridges was not maintained. Then,
each cartridge received a new OPC drum,
new toner, and a special foam part unique to
the remanufacturing process, as well as other
new components. In addition, a special seal
assembly, a part also unique to the
remanufacturing process, was added to some
models. CBP found that significant value was
added to the remanufactured laser printer
cartridges and accounted for most of the cost
of the finished cartridges.
In some instances, CBP has not found a
substantial transformation when nonfunctioning articles were disassembled and
returned to their functionality. In HRL
559740, dated October 3, 1996, CBP
determined that failed power transformers
shipped to Brazil for repair did not qualify
for treatment under the GSP, as they did not
undergo a substantial transformation. The
repair operations consisted of the
disassembly of the failed core/coil assembly,
the reuse of the core, if possible, the
replacement and/or repair of parts, and the
mounting of the repaired core assembly into
the old tank shell. However, as the essential
identity of the transformers was retained
throughout the operations, CBP found that
the transformers qualified for treatment
under subheading 9802.00.50, HTSUS. See
also, HRL 555313, dated June 19, 1990 (a
substantial transformation did not occur
when non-functional air conditioning
compressors were exported to Mexico for
disassembly, reconditioning, and reassembly
with new parts into functional compressors;
but, the repaired compressors were not
eligible for subheading 9802.00.50, HTSUS,
treatment as their component parts were
separated without regard to maintaining the
integrity of the original units); and HRL
557991, dated October 17, 1994, (used
photocopier drum cartridges were eligible for
subheading 9802.00.50, HTSUS, treatment, as
replacing new corona wires, new
photoreceptor drums, new cleaning blades,
and new mylar sealing tape did not destroy
the essential identity of the exported
cartridges).
You also cite HRL 561412, dated January
31, 2000, which examined the NAFTA
marking requirements for remanufactured
toner cartridges, in support of your position
that the toner cartridges and image drums are
substantially transformed in the United
States. In that case, spent toner cartridges
were completely disassembled in Canada and
no effort was made to preserve the essential
identity of the spent cartridges. During the
remanufacturing process, the photoreceptor
drum was discarded in nearly 100 percent of
all cases and other key components, which
contributed to the functionality of the
cartridges, such as magnetic rollers, corona
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wires, and cleaning blades, were discarded in
almost every case. CBP only looked to the
used toner cartridge as the ‘‘foreign material’’
that did not undergo the requisite tariff shift.
Applying the hierarchy of the NAFTA
Marking Rules, CBP found that the used
toner cartridge was the material that
imparted the essential character of the good,
but because of the lack of reliable data as to
the origin of the toner cartridge, the origin
was determined under 19 CFR 102.11(d) as
the last country in which the cartridges
underwent production. We note that
pursuant to 19 U.S.C. 1625(c)(1), HRL 561412
and HRL 560768 dated May 26, 1998
(another ruling concerning the origin of
remanufactured cartridges), were revoked to
allow consideration to not only the used
cartridge as a ‘‘foreign material,’’ but to new
parts incorporated into the remanufactured
cartridge in determining the origin of the
remanufactured cartridge. Accordingly, in
H012926 dated March 31, 2009, CBP took
into consideration the used cartridges and
the new component parts in the
remanufactured cartridges. As no one single
material imported the essential character to
the remanufactured cartridge, the origin was
determined to be the last country in which
the remanufactured cartridge underwent
production, pursuant to 19 CFR 102.11(d)(3).
You also claim that in light of the recent
new free trade agreements concerning
recovered and remanufactured goods, that
the toner cartridges and image drums should
be considered to be substantially transformed
in the U.S.
II. Toner Cartridges
In the instant case, parts from the toner
cartridge are removed and inspected, and
salvageable parts are cleaned for reassembly.
The toner appears to be the only significant
component replaced during the
remanufacturing operation. Other
components having a mechanical function
such as the shutters, mixing gear, mixing bar,
and spiral attachment are not replaced. These
operations are not as significant as the
operations described in NY G87305, where
the cartridges were completely disassembled,
salvageable parts were sorted into bins,
cleaned and reconditioned, major
components of the cartridges, including the
OPC drum and toner were replaced, and
other new components, unique to the
remanufactured product, were added.
Moreover, the operations are not as extensive
as the repair operations described in HRL
557991, where the replacement of the
photoreceptor drum, cleaning blade, corona
wire, and mylar sealing tape did not destroy
the identity of the article and was deemed to
be not so extensive as to create a new or
different article.
In contrast to the operations performed on
the imported fuselage in HRL 561322, the
subject cartridges essentially are in their
finished form at the beginning of the
remanufacturing process. To restore their
functionality, the toner is recharged, minor
components are replaced, salvageable parts
are cleaned, and the restored cartridge is
tested. These operations are significantly less
substantial than the operations described in
HRL 561322, where the imported fuselage
was an empty shell that needed several
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essential components added to it before it
could function as an aircraft.
As such, the described remanufacturing
operations do not substantially transform the
used toner cartridge into a product of the
United States. In considering the last country
in which the toner cartridge underwent a
substantial transformation, we believe that
the new, imported toner imparts the essential
character of the remanufactured toner
cartridge. You also state that the toner, by far,
is the most valuable component of the
remanufactured cartridge. Therefore, we find
that the remanufactured toner cartridge is a
product of Japan for purposes of U.S.
Government procurement.
III. Image Drums
In contrast to the remanufacturing of the
subject toner cartridges, the remanufacturing
operations for the image drums involve the
assembly of numerous new parts that are
essential to the functionality of the image
drum. The image drums require the
replacement of the OPC drum, charge roller,
roller sponge, developer roller, cleaning
blade, developer blade, fuse, electrical
contacts, and gears, as well as many other
parts. The toner also must be replenished. It
appears that most of the components that
contribute to the functionality of the image
drum will be removed from the used image
drum at the remanufacturing facility in New
Jersey and replaced with new parts. In
essence, the housing of the image drum and
other minor components are being reused in
the remanufacture of the image drum, but the
majority of the parts that impart the
functionality of the image drum are new
components. This scenario is similar to the
imported fuselage, or empty aircraft shell,
described in HRL 561322, supra, where the
addition of an interior, two engines, avionics,
and landing gear was necessary to transform
the product into a functioning aircraft.
Moreover, in the instant case, depending
upon the revision level of the used image
drum, the remanufacturing process also may
require the replacement of the frame base and
side plates.
These operations appear to be significantly
more extensive than the operations described
in NY G87305, supra, where CBP found that
used cartridges receiving new OPC drums,
new toner, special parts unique to the
remanufacturing process, and other new
components were substantially transformed
into products of China. Moreover, they
involve the replacement of many more parts
that are essential to the functionality of the
image drum than the repair operations
described in HRL 557991, supra.
Thus, based on the facts provided, we
believe that the disassembly of the used toner
cartridge, the cleaning and reassembly of
salvageable parts, and the replacement of a
significant number of parts essential to the
functionality of the drum are sufficient to
substantially transform the non-functioning
used image drum into a product of the
United States. We also note that the
remanufacturing operations for the image
drum are complex, require technical skill,
and add significant value to the image drums.
HOLDING:
Based upon the specific facts of this case,
we find that the toner cartridges are not
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substantially transformed as a result of the
described remanufacturing operations
performed in the United States. The country
of origin of the remanufactured toner
cartridges for purposes of U.S. Government
procurement is Japan.
We find that the image drums are
substantially transformed into products of
the United States when they undergo the
described remanufacturing operations in the
United States. Therefore, the country of
origin of the remanufactured image drums is
the United States.
Notice of this final determination will be
given in the Federal Register as required by
19 C.F.R. § 177.29. Any party-at-interest other
than the party which requested this final
determination may request, pursuant to 19
C.F.R. § 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,
Sandra L. Bell,
Executive Director, Office of Regulations and
Rulings, Office of International Trade.
[FR Doc. E9–27350 Filed 11–13–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5312–N–02]
Recovery Act—Green Retrofit Program
for Multifamily Housing, Notice of
Closing of Application Solicitation
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
SUMMARY: By notice issued May 13,
2009, HUD announced the availability
of funding for the Green Retrofit
Program for Multifamily Housing (GRP),
a program authorized by the American
Recovery and Reinvestment Act of 2009,
for the purpose of making, primarily,
loans and grants to facilitate utilitysaving retrofits and other retrofits that
produce environmental benefits in
certain existing HUD-assisted
multifamily housing. In the May 13,
2009, notice, HUD announced that it
would begin soliciting applications
beginning on June 15, 2009. This notice
announces that, based on the funds
remaining available, HUD will cease
accepting applications as of November
18, 2009.
FOR FURTHER INFORMATION CONTACT:
Office of Affordable Housing
Preservation, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW.,
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16:41 Nov 13, 2009
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Room 6230, Washington, DC 20410–
8000; telephone number 202–708–0001
(this is not a toll-free number). Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Information
Relay Service at 800–877–8339.
SUPPLMENTARY INFORMATION:
I. Background
Title XII of Division A of the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) (Recovery
Act) authorizes funding for GRP, a
Recovery Act program by which HUD
makes loans and grants and takes a
variety of other actions to facilitate
utility-saving retrofits and other retrofits
that produce environmental benefits, in
certain existing HUD-assisted
multifamily housing. The funding
provided for retrofits is designed to
result in property that reduces energy
demand, costs less to operate, improves
the residents’ quality of life, and
reduces its impact on the environment.
By notice issued May 13, 2009, HUD
announced the availability of funding
GRP. (See https://www.hud.gov/offices/
adm/hudclips/notices/hsg/files/09–
02HSGN.pdf). In the May 13, 2009,
notice, HUD announced that GRP would
be administered by the Office of
Affordable Housing Preservation. In the
May 13, 2009, notice, HUD also
announced that it would begin
accepting applications for GRP funding
on June 15, 2009, on a first come, first
serve basis, and would continue to
accept applications subject to the
availability of funding.
In this notice, HUD announces that,
based on remaining GRP funds
available, HUD will cease accepting
applications as of November 18, 2009.
Dated: November 9, 2009.
Theodore K. Toon,
Deputy Assistant Secretary for Affordable
Housing Preservation.
[FR Doc. E9–27416 Filed 11–13–09; 8:45 am]
BILLING CODE 4210–67–P
58973
SUMMARY: On May 4, 2009, HUD posted
its NSP2 NOFA at https://www.hud.gov/
nsp and announced the availability of
the NOFA on May 7, 2009 (74 FR
21377). The NSP2 NOFA announced the
availability of approximately $1.93
billion available in competitive grants
authorized under the American
Recovery and Reinvestment Act of 2009
(Pub. L. 111–5, approved February 17,
2009). The NSP2 NOFA was corrected
by Notice posted on the HUD website
and announced on June 11, 2009 (74 FR
28715). Today’s Federal Register
publication announces that HUD has
posted a notice making further
corrections to the NSP2 NOFA.
Specifically, the Notice (1) corrects an
inconsistency in the NSP2 NOFA
regarding when the lead member of a
consortium must enter into consortium
funding agreements with consortium
members; and (2) extends the deadline
for submitting such agreements to HUD
to January 29, 2010. This notice only
affects applications for funding that
have already been submitted to HUD by
consortium applicants. HUD notes that
the deadline for applications was July
17, 2009, and, as a result, will not
accept new applications for funding.
The notice correcting the NSP2 NOFA is
available on the HUD Web site at
https://www.hud.gov/recovery.
FOR FURTHER INFORMATION CONTACT:
Stanley Gimont, Director, Office of
Block Grant Assistance, Department of
Housing and Urban Development, Room
7286, 451 Seventh Street, SW.,
Washington, DC 20410, telephone
number (202) 708–3587. Persons with
hearing or speech impairments may
access this number via TTY by calling
the Federal Information Relay Service at
(800) 877–8339. FAX inquiries may be
sent to Mr. Gimont at (202) 401–2044.
(Except for the ‘‘800’’ number, these
telephone numbers are not toll-free.)
Dated: November 9, 2009.
´
Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
[FR Doc. E9–27414 Filed 11–13–09; 8:45 am]
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
BILLING CODE 4210–67–P
[Docket No. FR–5321–C–03]
DEPARTMENT OF THE INTERIOR
Notice of Fund Availability (NOFA) for
Fiscal Year 2009 Neighborhood
Stabilization Program 2 Under the
American Recovery and Reinvestment
Act of 2009; Correction
Geological Survey
AGENCY: Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
Agency Information Collection
Activities; Proposals, Submissions,
and Approvals
AGENCY: U.S. Geological Survey,
Interior.
ACTION: Notice of an extension of an
information collection (1028–0090).
E:\FR\FM\16NON1.SGM
16NON1
]]>Agencies
[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58970-58973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27350]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Notice of Issuance of Final Determination Concerning Toner
Cartridges and Image Drums
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
-----------------------------------------------------------------------
SUMMARY: This document provides notice that the Bureau of U.S. Customs
and Border Protection (``CBP'') has issued a final determination
concerning the country of origin of certain toner cartridges and image
drums to 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 Japan is the
country of origin of the subject toner cartridges and the United States
is the country of origin of the subject image drums for purposes of
U.S. Government procurement.
DATES: The final determination was issued on November 9, 2009. 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 December 16, 2009.
FOR FURTHER INFORMATION CONTACT: Karen S. Greene, Valuation and Special
Programs Branch, Regulations and Rulings, Office of International Trade
(202-325-0041).
SUPPLEMENTARY INFORMATION: Notice is hereby given that on November 9,
2009, 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 certain toner cartridges and image drums to be
offered to the United States Government under an undesignated
government procurement contract. This final determination, in HQ
W563548, was issued at the request of Oki Data Americas, Inc. 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).
The final determination concluded that, based upon the facts
presented, the replacement in the United States of minor components of
U.S. and foreign origin and the addition of Japanese-origin toner to a
Chinese-origin toner cartridge do not substantially transform the toner
cartridge into a product of the United States. Therefore, the last
country in which the toner cartridge undergoes a substantial
transformation is based on the essential character of the toner
cartridge, which is the toner from Japan. Based upon the facts
presented, the final determination also concluded that the disassembly
in the United States of a Thai-origin image drum, the cleaning and
reassembly of salvageable parts, and the replacement of a significant
number of parts essential to the functionality of the image drum result
in a substantial transformation of the components into a product of the
United States.
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: November 9, 2009.
Sandra L. Bell,
Executive Director, Office of Regulations and Rulings, Office of
International Trade.
Attachment
HQ W563548
November 9, 2009
MAR-2-05 RR:CTF:VS W563548 KSG
CATEGORY: Marking
Mr. Stephen E. Becker
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, N.W.,
Washington, DC 20037-1122
RE: U.S. Government Procurement; Title III, Trade Agreements Act of
1979 (19 U.S.C. Sec. 2511); Subpart B, Part 177, Customs and Border
Protection Regulations (19 CFR Sec. 177); Final Determination;
country of origin of remanufactured toner cartridges and image drums
Dear Mr. Becker:
This is in response to your letter dated July 28, 2006,
requesting a final determination on behalf of Oki Data Americas,
Inc. (``Oki Data''), pursuant to subpart B of Part 177, Customs
Regulations (19 C.F.R. Sec. 177.21 et seq.). Under these
regulations, which implement Title III of the Trade Agreements Act
of 1979, as amended (19 U.S.C. Sec. 2511 et seq.), U.S. Customs and
Border Protection (``CBP'') issues country of origin advisory
rulings and final determinations on whether an article is or would
be a product of a designated foreign country or instrumentality for
the purpose of granting waivers of certain ``Buy American''
restrictions in 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 remanufactured toner cartridges and image drums. We note
that Oki Data 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. In issuing this final determination, we have given
consideration to the arguments presented during a meeting at our
offices on November 17, 2006, and your additional submissions dated
September 12, 2006, September 28, 2006, November 17, 2006, and
November 30, 2006, which include photographs of the articles at
various stages of the processes performed.
FACTS:
I. Toner Cartridges
You advise us that Oki Data will remanufacture C7300/7500 Series
toner cartridges at its facility in Mount Laurel, New Jersey. You
state that the spent toner cartridges were originally manufactured
in China and that the toner cartridges were used in printers in the
United States. You also indicate that the actual cartridges lack any
notation of their origin.
You advise that the toner cartridge is comprised of 52 parts
plus toner. The remanufactured cartridge will consist of 20 newly
manufactured parts: 14 from the
[[Page 58971]]
United States, 1 from the United Kingdom, and 5 from China. Such
parts include, among others, the stopper film, the toner cap, the
lever stopper, the left and right lockout plates, and, if damaged,
the foam seal cap, and seal sponge. In addition, the remanufactured
cartridges will be filled with new toner of Japanese origin, which
you advise is the most valuable component of the remanufactured
cartridge. Thirty-two parts will be salvaged from the used
cartridges and reused in the remanufactured toner cartridge.
When the depleted cartridges arrive at the facility in New
Jersey, they are inspected for salvage. Acceptable cartridges will
undergo the following key remanufacturing operations: (1) the
exterior of the cartridge is vacuumed; (2) the seal tape, lever
stopper, and remaining toner are removed; (3) the left side plate
and spiral rod are removed and cleaned; (4) if necessary, the foam
seal cap and seal sponge are replaced; (5) the cartridge interior is
vacuumed and cleaned; (6) the stopper film is removed from the inner
shutter and replaced with a new stopper film; (7) the inner shutter
is reassembled; (8) the toner cap is removed; (9) the mixing bar and
spiral rod are reinserted; (10) the left side plate is reassembled,
and the technician verifies that the mixing bar and spiral rod
engage with the mixing boss of the left side plate; (11) the
partition film is reset; (12) seal tape is applied to the cartridge;
(13) new toner is added to the cartridge; (14) a new toner cap and
new lever stopper are installed; (15) the cartridge exterior is
vacuumed and cleaned; (16) the cartridge is inspected for leakage;
(17) a bar code is printed and applied to the cartridge; (18) the
cartridge and light-emitting diode (``LED'') lens cleaner are placed
into a black poly bag, which is then heat sealed; (19) the bagged
cartridge is placed in a box, and a duplicate bar code label is
applied to the box; and (20) in some instances, four boxed
cartridges are inserted into labeled four-pack boxes, which are
placed on pallets.
II. Image Drums
Oki Data will remanufacture the C7300/C7500 Series image drums
at its facility in Mount Laurel, New Jersey. You state that the used
image drums originally were manufactured in Thailand and that the
image drums were used in printers in the United States. You also
indicate that the actual image drums lack any notation of their
origin.
You advise that the image drum is comprised of 110 component
parts. Of this number, 56 parts will be newly manufactured in
various countries: 12 in the United States, 1 in Canada, 5 in Japan,
and 38 in Thailand. Several of the newly manufactured parts that
will replace the worn parts of the used image drum are significant
to the functionality of the product and include, among others, the
organic photoreceptor drum (``OPC''), the developing roller, the
charge roller, and the cleaning blade. All of these parts and the
new lubricating toner powder originate in Japan. You state that the
OPC drum is the most valuable component of the image drum. Fifty-
four parts will be salvaged from the used image drums.
When the used image drums arrive at the New Jersey facility,
their revision levels and previous remanufacturing statuses are
verified. Acceptable image drums undergo the following key
remanufacturing operations: (1) the top cover of the image drum is
removed and cleaned; (2) the developer blade assembly is removed and
the blade is discarded; (3) the left side plate is removed to expose
the OPC drum, the cleaning blade, and the charge, developer, and
sponge rollers; (4) the charge roller is removed and discarded; (5)
the right side plate is removed; (6) the developer roller and gear
are removed and discarded; (7) the toner powder is removed from the
sponge roller assembly; (8) the OPC drum is removed and discarded;
(9) the roller sponge assembly is removed, the mixing bar and
plastic plates are saved, and the roller sponge, six gears, the
sponge seals, felt sponges, and sub-sponge roller are discarded;
(10) the cleaning blade assembly is removed and discarded; (11) the
spring spiral is removed from the frame base; (12) the disassembled
parts are cleaned; (13) the left side plate is reassembled using a
new gear belt, belt toner, spiral part, e-ring, and new gear idles
and electrical contacts (certain revision levels will receive a new
left side plate and frame base); (14) a new cleaning blade and
cleaning gear are installed into the frame base; (15) a new roller
sponge, new sponge seals and felt sponges, and the salvaged mixing
bar and plastic plates are used to assemble a new roller sponge
assembly, which is then attached to the frame base; (16) a new OPC
drum, roller developer, and fuse assembly are installed into the
frame base; (17) the right side plate is reattached to the frame
base; (18) a new charge roller is installed in the right side plate
assembly; (19) the left side plate assembly is attached to the frame
base; (20) a new blade developer is installed into the frame base
assembly; (21) new toner is added to the toner hopper of the blade
developer; (22) the top cover is reattached to the frame base; (23)
the image drum's print quality is tested; (24) the image drum is
wrapped in two types of protective sheeting and a new toner cover is
installed; (25) a serial number label and date code label are
applied to the image drum; (26) the image drum is placed into a
black bag and packed into a labeled box, along with the warranty
sheet, ecology sheet, and shipping label; and (27) three single-pack
boxes are placed into a labeled overpack box, which is loaded onto a
pallet. Essentially, the spent image drum is almost completely
disassembled, and the new parts mentioned above are used to
construct a functioning image drum.
ISSUE:
What are the countries of origin of the remanufactured toner
cartridges and image drums for purposes of U.S. Government
procurement?
LAW AND ANALYSIS:
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.), CBP issues country
of origin advisory rulings and final determinations on 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. 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. 177.22(a).
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, 6 Ct. Int'l Trade 204, 573 F. Supp. 1149
(1983), aff'd, 741 F.2d 1368 (Fed. Cir. 1984). If the manufacturing
or combining process is a minor one which leaves the identity of the
imported articles intact, a substantial transformation has not
occurred. Uniroyal Inc. v. United States, 3 Ct. Int'l Trade 220, 542
F. Supp. 1026 (1982). In Uniroyal, a country of origin marking case,
the court considered whether the addition of outsoles in the United
States to imported shoe uppers from Indonesia effected a substantial
transformation of the uppers. In finding that the upper was the
``very essence'' of the completed shoe, the court held that a
substantial transformation of the uppers did not occur, as the
attachment of the outsoles to the uppers was a minor manufacturing
or combining process that left the identity of the uppers intact.
Hence, the uppers were required to be marked with Indonesia as their
country of origin.
I. Disassembly and Remanufacturing Operations
CBP has examined disassembly and remanufacture of articles under
a variety of circumstances. In some instances, CBP has found a
substantial transformation to occur when articles are disassembled
and used in the assembly of articles. In HRL 734213, dated February
20, 1992, CBP held that the disassembly of an imported computer
monitor and the installation of a U.S. touchscreen constituted a
substantial transformation of the monitor for marking purposes. In
New York Ruling Letter (``NY'') 183759, dated June 28, 2002, CBP
found that fuel tank assemblies disassembled from completed motor
vehicles in Germany and imported into the United States were
substantially transformed when the assemblies and the motor vehicle
bodies were assembled into completed motor vehicles and sold in the
United States. See also HRL 561322, dated May 11, 1999 (an aircraft
fuselage, imported disassembled, was substantially transformed into
a product of the United States when it was reassembled and combined
with engines, avionics, and landing gear to make a completed
aircraft). In NY G87305, dated March 12, 2001, CBP found that two
laser printer cartridge models,
[[Page 58972]]
originally manufactured in either China or Japan were to be marked
as products of China as a result of remanufacturing operations
performed in that country. CBP noted that these models were not
simple toner cartridges, but models containing both development
units and cleaning units. During the remanufacturing process, the
cartridges were disassembled into over 30 individual parts or
subassemblies, inspected, cleaned and reconditioned, and sorted by
type into bins. The essential identity of the used cartridges was
not maintained. Then, each cartridge received a new OPC drum, new
toner, and a special foam part unique to the remanufacturing
process, as well as other new components. In addition, a special
seal assembly, a part also unique to the remanufacturing process,
was added to some models. CBP found that significant value was added
to the remanufactured laser printer cartridges and accounted for
most of the cost of the finished cartridges.
In some instances, CBP has not found a substantial
transformation when non-functioning articles were disassembled and
returned to their functionality. In HRL 559740, dated October 3,
1996, CBP determined that failed power transformers shipped to
Brazil for repair did not qualify for treatment under the GSP, as
they did not undergo a substantial transformation. The repair
operations consisted of the disassembly of the failed core/coil
assembly, the reuse of the core, if possible, the replacement and/or
repair of parts, and the mounting of the repaired core assembly into
the old tank shell. However, as the essential identity of the
transformers was retained throughout the operations, CBP found that
the transformers qualified for treatment under subheading
9802.00.50, HTSUS. See also, HRL 555313, dated June 19, 1990 (a
substantial transformation did not occur when non-functional air
conditioning compressors were exported to Mexico for disassembly,
reconditioning, and reassembly with new parts into functional
compressors; but, the repaired compressors were not eligible for
subheading 9802.00.50, HTSUS, treatment as their component parts
were separated without regard to maintaining the integrity of the
original units); and HRL 557991, dated October 17, 1994, (used
photocopier drum cartridges were eligible for subheading 9802.00.50,
HTSUS, treatment, as replacing new corona wires, new photoreceptor
drums, new cleaning blades, and new mylar sealing tape did not
destroy the essential identity of the exported cartridges).
You also cite HRL 561412, dated January 31, 2000, which examined
the NAFTA marking requirements for remanufactured toner cartridges,
in support of your position that the toner cartridges and image
drums are substantially transformed in the United States. In that
case, spent toner cartridges were completely disassembled in Canada
and no effort was made to preserve the essential identity of the
spent cartridges. During the remanufacturing process, the
photoreceptor drum was discarded in nearly 100 percent of all cases
and other key components, which contributed to the functionality of
the cartridges, such as magnetic rollers, corona wires, and cleaning
blades, were discarded in almost every case. CBP only looked to the
used toner cartridge as the ``foreign material'' that did not
undergo the requisite tariff shift. Applying the hierarchy of the
NAFTA Marking Rules, CBP found that the used toner cartridge was the
material that imparted the essential character of the good, but
because of the lack of reliable data as to the origin of the toner
cartridge, the origin was determined under 19 CFR 102.11(d) as the
last country in which the cartridges underwent production. We note
that pursuant to 19 U.S.C. 1625(c)(1), HRL 561412 and HRL 560768
dated May 26, 1998 (another ruling concerning the origin of
remanufactured cartridges), were revoked to allow consideration to
not only the used cartridge as a ``foreign material,'' but to new
parts incorporated into the remanufactured cartridge in determining
the origin of the remanufactured cartridge. Accordingly, in H012926
dated March 31, 2009, CBP took into consideration the used
cartridges and the new component parts in the remanufactured
cartridges. As no one single material imported the essential
character to the remanufactured cartridge, the origin was determined
to be the last country in which the remanufactured cartridge
underwent production, pursuant to 19 CFR 102.11(d)(3).
You also claim that in light of the recent new free trade
agreements concerning recovered and remanufactured goods, that the
toner cartridges and image drums should be considered to be
substantially transformed in the U.S.
II. Toner Cartridges
In the instant case, parts from the toner cartridge are removed
and inspected, and salvageable parts are cleaned for reassembly. The
toner appears to be the only significant component replaced during
the remanufacturing operation. Other components having a mechanical
function such as the shutters, mixing gear, mixing bar, and spiral
attachment are not replaced. These operations are not as significant
as the operations described in NY G87305, where the cartridges were
completely disassembled, salvageable parts were sorted into bins,
cleaned and reconditioned, major components of the cartridges,
including the OPC drum and toner were replaced, and other new
components, unique to the remanufactured product, were added.
Moreover, the operations are not as extensive as the repair
operations described in HRL 557991, where the replacement of the
photoreceptor drum, cleaning blade, corona wire, and mylar sealing
tape did not destroy the identity of the article and was deemed to
be not so extensive as to create a new or different article.
In contrast to the operations performed on the imported fuselage
in HRL 561322, the subject cartridges essentially are in their
finished form at the beginning of the remanufacturing process. To
restore their functionality, the toner is recharged, minor
components are replaced, salvageable parts are cleaned, and the
restored cartridge is tested. These operations are significantly
less substantial than the operations described in HRL 561322, where
the imported fuselage was an empty shell that needed several
essential components added to it before it could function as an
aircraft.
As such, the described remanufacturing operations do not
substantially transform the used toner cartridge into a product of
the United States. In considering the last country in which the
toner cartridge underwent a substantial transformation, we believe
that the new, imported toner imparts the essential character of the
remanufactured toner cartridge. You also state that the toner, by
far, is the most valuable component of the remanufactured cartridge.
Therefore, we find that the remanufactured toner cartridge is a
product of Japan for purposes of U.S. Government procurement.
III. Image Drums
In contrast to the remanufacturing of the subject toner
cartridges, the remanufacturing operations for the image drums
involve the assembly of numerous new parts that are essential to the
functionality of the image drum. The image drums require the
replacement of the OPC drum, charge roller, roller sponge, developer
roller, cleaning blade, developer blade, fuse, electrical contacts,
and gears, as well as many other parts. The toner also must be
replenished. It appears that most of the components that contribute
to the functionality of the image drum will be removed from the used
image drum at the remanufacturing facility in New Jersey and
replaced with new parts. In essence, the housing of the image drum
and other minor components are being reused in the remanufacture of
the image drum, but the majority of the parts that impart the
functionality of the image drum are new components. This scenario is
similar to the imported fuselage, or empty aircraft shell, described
in HRL 561322, supra, where the addition of an interior, two
engines, avionics, and landing gear was necessary to transform the
product into a functioning aircraft. Moreover, in the instant case,
depending upon the revision level of the used image drum, the
remanufacturing process also may require the replacement of the
frame base and side plates.
These operations appear to be significantly more extensive than
the operations described in NY G87305, supra, where CBP found that
used cartridges receiving new OPC drums, new toner, special parts
unique to the remanufacturing process, and other new components were
substantially transformed into products of China. Moreover, they
involve the replacement of many more parts that are essential to the
functionality of the image drum than the repair operations described
in HRL 557991, supra.
Thus, based on the facts provided, we believe that the
disassembly of the used toner cartridge, the cleaning and reassembly
of salvageable parts, and the replacement of a significant number of
parts essential to the functionality of the drum are sufficient to
substantially transform the non-functioning used image drum into a
product of the United States. We also note that the remanufacturing
operations for the image drum are complex, require technical skill,
and add significant value to the image drums.
HOLDING:
Based upon the specific facts of this case, we find that the
toner cartridges are not
[[Page 58973]]
substantially transformed as a result of the described
remanufacturing operations performed in the United States. The
country of origin of the remanufactured toner cartridges for
purposes of U.S. Government procurement is Japan.
We find that the image drums are substantially transformed into
products of the United States when they undergo the described
remanufacturing operations in the United States. Therefore, the
country of origin of the remanufactured image drums is the United
States.
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.
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. E9-27350 Filed 11-13-09; 8:45 am]
BILLING CODE 9111-14-P
