Notice of Issuance of Final Determination Concerning Dimmer and Fan Speed Switch Controls, 37453-37455 [2010-15710]

Download as PDF Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices 4300 Military Road, NW., Washington, DC 20015 which was published in the Federal Register on June 14, 2010, Vol 75; Number 113. The meeting will be held on July 19, 2010 at 8:30 a.m. The meeting is closed to the public. DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute of Child Health and Human Development Special Emphasis Panel ‘‘STEM CELLS’’. Date: July 20, 2010. Time: 1 p.m. to 3 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852. (Telephone Conference Call) Contact Person: Dennis E. Leszczynski, PhD, Scientific Review Officer, Division of Scientific Review, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD 20892, 301–435–6884, leszczyd@mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS) Dated: June 22, 2010. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. 2010–15787 Filed 6–28–10; 8:45 am] BILLING CODE 4140–01–P emcdonald on DSK2BSOYB1PROD with NOTICES4 DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Eye Institute; Amended Notice of Meeting Notice is hearby given of a chance in the meeting of the National Eye Institute Special Emphasis Panel, July 16, 2010, 8 a.m. to July 16, 2010, 5 p.m., Embassy Suites Hotel, Chevy Chase Pavilion, VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 Dated: June 22, 2010. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. Dated: June 23, 2010. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. 37453 DEPARTMENT OF HOMELAND SECURITY [FR Doc. 2010–15781 Filed 6–28–10; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Center for Scientific Review Special Emphasis Panel; Fellowships: Cognition, Language and Perception. Date: July 12, 2010. Time: 8 a.m. to 6 p.m. Agenda: To review and evaluate grant applications. Place: InterContinental Mark Hopkins Hotel, 999 California Street, San Francisco, CA 94108. Contact Person: Weijia Ni, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3184, MSC 7848, Bethesda, MD 20892, (301) 435–1507, niw@csr.nih.gov. This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 [FR Doc. 2010–15779 Filed 6–28–10; 8:45 am] BILLING CODE 4140–01–P U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning Dimmer and Fan Speed Switch Controls 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 dimmer and fan speed switch controls which may be offered to the United States Government under a government procurement contract. Based upon the facts presented, in the final determination CBP concluded that Mexico is the country of origin of the dimmer and fan speed switch controls for purposes of U.S. Government procurement. DATES: The final determination was issued on June 15, 2010. 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 29, 2010. 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 June 15, 2010, 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 dimmer and fan speed switch controls which may be offered to the United States Government under a government procurement contract. This final determination, in HQ H098417, was issued at the request of Pass & Seymour, 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). In the final determination, CBP concluded that, based upon the facts presented, certain articles will be substantially E:\FR\FM\29JNN1.SGM 29JNN1 37454 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices transformed in Mexico. Therefore, CBP found that Mexico is the country of origin of the finished articles 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. emcdonald on DSK2BSOYB1PROD with NOTICES4 Dated: June 15, 2010. George F. McCray, Acting Executive Director, Office of Regulations and Rulings, Office of International Trade. HQ H098417 June 15, 2010 OT:RR:CTF:VS H098417 KSG Daniel B. Berman, Esq. Hancock & Estabrook LLP 1500 AXA Tower I 100 Madison Street Syracuse, NY 13202 Re: U.S. Government Procurement; Title III, Trade Agreements Act of 1979; Country of Origin of Titan dimmer and fan speed switch control; substantial transformation Dear Mr. Berman: This is in response to your letter, dated March 5, 2010, requesting a final determination on behalf of Pass & Seymour Inc., pursuant to subpart B of 19 CFR Part 177. Under these regulations, which implement Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.) (‘‘TAA’’), 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. This final determination concerns the country of origin of certain dimmer and fan speed control switches that Pass & Seymour may sell to the U.S. Government. We note that Pass & Seymour is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled to request this final determination. You also asked about the tariff classification for the components and the tariff classification and the country of origin marking requirements for the imported good. We have referred these questions to the Tariff Classification and VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 operations performed and whether the parts lose their identity and become an integral part of the new article. Belcrest Facts: Linens v. United States, 573 F. Supp. Pass & Seymour (‘‘P & S’’) designs, 1149 (Ct. Int’l Trade 1983), aff’d, 741 manufactures and distributes dimmer F.2d 1368 (Fed. Cir. 1984). Assembly and fan speed control switches in the operations that are minimal or simple, U.S. for residential and commercial use as opposed to complex or meaningful, in electrical circuits of less than 1,000 will generally not result in a substantial volts. This case involves two models: transformation. See C.S.D. 80–111, the Titan model dimmer and fan speed C.S.D. 85–25, C.S.D. 89–110, C.S.D. 89– switch control and the Harmony 118, C.S.D. 90–51, and C.S.D. 90–97. In dimmer. C.S.D. 85–25, 19 Cust. Bull. 844 (1985), Legrand, the French parent company CBP held that for purposes of the of P & S, produces the subcomponents Generalized System of Preferences of the dimmers in Hong Kong. The (‘‘GSP’’), the assembly of a large number subcomponents are then shipped to of fabricated components onto a printed Mexico for assembly. The finished circuit board in a process involving a product is then imported into the U.S. considerable amount of time and skill The processing in Mexico includes resulted in a substantial transformation. the following: (1) The assembly of the In that case, in excess of 50 discrete bare printed circuit board into a final fabricated components (such as printed circuit board (‘‘PCB’’), and the resistors, capacitors, diodes, integrated assembly of the PCB with other circuits, sockets, and connectors) were components into the finished product. assembled. Whether an operation is The titan dimmer has a total of 34 components in addition to the PCB. The complex and meaningful depends on the nature of the operation, including harmony dimmer contains a PCB in the number of components assembled, addition to 28 other components. number of different operations, time, Issue: skill level required, attention to detail, What is the country of origin of the quality control, the value added to the imported dimmer and fan switches article, and the overall employment described above for the purpose of U.S. generated by the manufacturing process. government procurement? In order to determine whether a substantial transformation occurs when Law and Analysis: components of various origins are Pursuant to Subpart B of Part 177, 19 CFR § 177.21 et seq., which implements assembled into completed products, CBP considers the totality of the Title III of the Trade Agreements Act of circumstances and makes such 1979, as amended (19 U.S.C. § 2511 et determinations on a case-by-case basis. seq.), CBP issues country of origin The country of origin of the item’s advisory rulings and final components, extent of the processing determinations as to whether an article is or would be a product of a designated that occurs within a country, and whether such processing renders a country or instrumentality for the product with a new name, character, purposes of granting waivers of certain ‘‘Buy American’’ restrictions in U.S. law and use are primary considerations in such cases. No one factor is or practice for products offered for sale determinative. to the U.S. Government. Under the rule of origin set forth CBP recently ruled in H047362, dated under 19 U.S.C. 2518(4)(B): March 26, 2009, that a similar product An article is a product of a country or of P & S, electrical components, were instrumentality only if (i) it is wholly substantially transformed when Chinese the growth, product, or manufacture of parts were assembled in Mexico into the that country or instrumentality, or (ii) in finished article. That case also involved the case of an article which consists in the production of the PCB and the whole or in part of materials from assembly of the PCB and 29 other parts another country or instrumentality, it in a process that took about 10 minutes has been substantially transformed into into the finished product. We find that a new and different article of commerce this case is very similar to H047362. The with a name, character, or use distinct assembly in Mexico is sufficiently from that of the article or articles from complex and the components are which it was so transformed. See also 19 substantially transformed into a final CFR 177.22(a). product that has a new name, character and use. Therefore, the country of origin In determining whether the of the Titan dimmer and fan switch and combining of parts or materials constitutes a substantial transformation, the harmony dimmer for government procurement purposes is Mexico. the determinative issue is the extent of Marking Branch of this office for their response directly to you. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices Holding: Based on the facts of this case, the country of origin of the Titan dimmer and fan switch and the Harmony Dimmer is Mexico for purposes of U.S. Government procurement. Notice of this final determination will be given in the Federal Register, as required by 19 CFR § 177.29. Any partyat-interest other than the party 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, George F. McCray, Acting Executive Director, Office of Regulations and Rulings, Office of International Trade. [FR Doc. 2010–15710 Filed 6–28–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5376–N–56] Mortgage Insurance Termination; Application for Premium Refund or Distributive Share Payment emcdonald on DSK2BSOYB1PROD with NOTICES4 AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Mortgage Insurance Termination is used by servicing mortgagees to comply with HUD requirements for reporting termination of FHA mortgage insurance. This information is used whenever FHA mortgage insurance is terminated and no claim for insurance benefits will be filed. This information is submitted via the Internet or EDI and is used to directly pay eligible homeowners. This condition occurs when the form passes the criteria of certain system edits. As the result the system generates a disbursement to the eligible homeowner VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 for the refund consisting of the unused portion of the paid premium. The collection information required is used to update HUD’s Single Family Insurance System. The billing of mortgage insurance premiums are discontinued as a result of the transaction. Without this information the premium collection/monitoring function would be severely impeded and program data would be unreliable. Under streamline III when the form is processed but does not pass the series of edits, the system generates in these cases the Application for Premium Refund or Distributive Share Payment to the homeowner to be completed and returned to HUD for further processing for the refund. In general a Premium Refund is the difference between the amount of prepaid premium and the amount of the premium that has been earned by HUD up to the time the mortgage is terminated. DATES: Comments Due Date: July 29, 2010. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502–0414) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5806. FOR FURTHER INFORMATION CONTACT: Leroy McKinney, Jr., Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Leroy McKinney, Jr. at Leroy.McKinneyJr@hud.gov or telephone (202) 402–5564. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Mr. McKinney. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 37455 burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: Title of Proposal: Application for Premium Refund or Distributive Share Payment. OMB Approval Number: 2502–0414. Form Numbers: HUD–27050–A and HUD–27050–B. HUD forms available at http://HUD/program/offices/ administration/hudclips/forms. Description of the Need for the Information and its Proposed Use: Mortgage Insurance Termination is used by servicing mortgagees to comply with HUD requirements for reporting termination of FHA mortgage insurance. This information is used whenever FHA mortgage insurance is terminated and no claim for insurance benefits will be filed. This information is submitted via the Internet or EDI and is used to directly pay eligible homeowners. This condition occurs when the form passes the criteria of certain system edits. As a result the system generates a disbursement to the eligible homeowner for the refund consisting of the unused portion of the paid premium. The collection information required is used to update HUD’s Single Family Insurance System. The billing of mortgage insurance premiums are discontinued as a result of the transaction. Without this information the premium collection/monitoring function would be severely impeded and program data would be unreliable. Under streamline III when the form is processed but does not pass the series of edits, the system generates in these cases the Application for Premium Refund or Distributive Share Payment to the homeowner to be completed and returned to HUD for further processing for the refund. In general a Premium Refund is the difference between the amount of prepaid premium and the amount of the premium that has been earned by HUD up to the time the mortgage is terminated. Frequency of Submission: On occasion. E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37453-37455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15710]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning Dimmer and 
Fan Speed Switch Controls

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 dimmer and fan speed switch controls which 
may be offered to the United States Government under a government 
procurement contract. Based upon the facts presented, in the final 
determination CBP concluded that Mexico is the country of origin of the 
dimmer and fan speed switch controls for purposes of U.S. Government 
procurement.

DATES: The final determination was issued on June 15, 2010. 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 29, 2010.

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 June 15, 
2010, 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 dimmer and fan speed switch controls which 
may be offered to the United States Government under a government 
procurement contract. This final determination, in HQ H098417, was 
issued at the request of Pass & Seymour, 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). In the 
final determination, CBP concluded that, based upon the facts 
presented, certain articles will be substantially

[[Page 37454]]

transformed in Mexico. Therefore, CBP found that Mexico is the country 
of origin of the finished articles 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 15, 2010.
George F. McCray,
Acting Executive Director, Office of Regulations and Rulings, Office of 
International Trade.
HQ H098417
June 15, 2010

OT:RR:CTF:VS H098417 KSG

Daniel B. Berman, Esq.
Hancock & Estabrook LLP
1500 AXA Tower I
100 Madison Street
Syracuse, NY 13202
Re: U.S. Government Procurement; Title III, Trade Agreements Act of 
1979; Country of Origin of Titan dimmer and fan speed switch control; 
substantial transformation
    Dear Mr. Berman:
    This is in response to your letter, dated March 5, 2010, requesting 
a final determination on behalf of Pass & Seymour Inc., pursuant to 
subpart B of 19 CFR Part 177.
    Under these regulations, which implement Title III of the Trade 
Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.) (``TAA''), 
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.
    This final determination concerns the country of origin of certain 
dimmer and fan speed control switches that Pass & Seymour may sell to 
the U.S. Government. We note that Pass & Seymour is a party-at-interest 
within the meaning of 19 CFR 177.22(d)(1) and is entitled to request 
this final determination.
    You also asked about the tariff classification for the components 
and the tariff classification and the country of origin marking 
requirements for the imported good. We have referred these questions to 
the Tariff Classification and Marking Branch of this office for their 
response directly to you.

Facts:

    Pass & Seymour (``P & S'') designs, manufactures and distributes 
dimmer and fan speed control switches in the U.S. for residential and 
commercial use in electrical circuits of less than 1,000 volts. This 
case involves two models: the Titan model dimmer and fan speed switch 
control and the Harmony dimmer.
    Legrand, the French parent company of P & S, produces the 
subcomponents of the dimmers in Hong Kong. The subcomponents are then 
shipped to Mexico for assembly. The finished product is then imported 
into the U.S.
    The processing in Mexico includes the following: (1) The assembly 
of the bare printed circuit board into a final printed circuit board 
(``PCB''), and the assembly of the PCB with other components into the 
finished product. The titan dimmer has a total of 34 components in 
addition to the PCB. The harmony dimmer contains a PCB in addition to 
28 other components.

Issue:

    What is the country of origin of the imported dimmer and fan 
switches described above for the purpose of U.S. government 
procurement?

Law and Analysis:

    Pursuant to Subpart B of Part 177, 19 CFR 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 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 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. In 
C.S.D. 85-25, 19 Cust. Bull. 844 (1985), CBP held that for purposes of 
the Generalized System of Preferences (``GSP''), the assembly of a 
large number of fabricated components onto a printed circuit board in a 
process involving a considerable amount of time and skill resulted in a 
substantial transformation. In that case, in excess of 50 discrete 
fabricated components (such as resistors, capacitors, diodes, 
integrated circuits, sockets, and connectors) were assembled. Whether 
an operation is complex and meaningful depends on the nature of the 
operation, including the number of components assembled, number of 
different operations, time, skill level required, attention to detail, 
quality control, the value added to the article, and the overall 
employment generated by the manufacturing process.
    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. No one 
factor is determinative.
    CBP recently ruled in H047362, dated March 26, 2009, that a similar 
product of P & S, electrical components, were substantially transformed 
when Chinese parts were assembled in Mexico into the finished article. 
That case also involved the production of the PCB and the assembly of 
the PCB and 29 other parts in a process that took about 10 minutes into 
the finished product. We find that this case is very similar to 
H047362. The assembly in Mexico is sufficiently complex and the 
components are substantially transformed into a final product that has 
a new name, character and use. Therefore, the country of origin of the 
Titan dimmer and fan switch and the harmony dimmer for government 
procurement purposes is Mexico.

[[Page 37455]]

Holding:

    Based on the facts of this case, the country of origin of the Titan 
dimmer and fan switch and the Harmony Dimmer is Mexico for purposes of 
U.S. Government procurement.
    Notice of this final determination will be given in the Federal 
Register, as required by 19 CFR Sec.  177.29. Any party-at-interest 
other than the party which requested this final determination may 
request, pursuant to 19 CFR Sec.  177.31 that CBP reexamine the matter 
anew and issue a new final determination. Pursuant to 19 CFR Sec.  
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,

George F. McCray,

Acting Executive Director, Office of Regulations and Rulings, Office 
of International Trade.
[FR Doc. 2010-15710 Filed 6-28-10; 8:45 am]
BILLING CODE 9111-14-P