Federal Radiological Preparedness Coordinating Committee, 56127-56128 [2010-22984]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices
consideration for country of origin marking
purposes. The CardDock was a device which
was installed in IBM PC compatible
computers. After installation, the units were
able to accept PCMCIA cards for the purpose
of interfacing such PCMCIA cards with the
computer in which the CardDock unit was
installed. The CardDock units were partially
assembled abroad but completed in the
United States. The overseas processing
included manufacturing the product’s
injection molded plastic frame and installing
integrated circuits onto a circuit board along
with various diodes, resistors and capacitors.
After such operations, these items were
shipped to the United States for further
processing that included mating a U.S.-origin
circuit board to the foreign-origin frame and
board. The assembled units were thereafter
subjected to various testing procedures. In
consideration of the foregoing, CBP held that
the foreign-origin components, i.e., the ISA
boards, frame assemblies and connector
cables, were substantially transformed when
assembled to completion in the United
States. In finding that the name, character,
and use of the foreign-origin components had
changed during processing in the United
States, CBP noted that the components had
lost their separate identity during assembly
and had become an integral part of a new and
distinct item which was visibly different
from any of the individual foreign-origin
components.
In HQ 735027, dated September 7, 1993, a
device that software companies used to
protect their software from piracy was under
consideration for country of origin marking
purposes. The device, referred to as the
‘‘MemoPlug’’, was assembled in Israel from
parts that were obtained from Taiwan (such
as various connectors and an Electronically
Erasable Programmable Read Only Memory,
or ‘‘EEPROM’’) and Israel (such as an internal
circuit board). After assembly, these
components were shipped to a processing
facility in the United States where the
EEPROM was programmed with special
software. Such processing in the United
States accounted for approximately 50
percent of the final selling price of the
MemoPlugs. In finding that the foreign-origin
components were substantially transformed
in the United States, CBP noted that the U.S.
processing transformed a blank media, the
EEPROM, into a device that performed
functions necessary to the prevention of
software piracy.
In Headquarters Ruling Letter (HQ) 563012,
dated May 4, 2004, CBP considered whether
components of various origins would be
substantially transformed when assembled to
form a fabric switch. Most of the assembly of
computer hardware was to be performed in
China. Then, in either Hong Kong or the U.S.,
the hardware would be completed and the
U.S.-origin software, which would provide
the finished product with its ‘‘distinctive
functional characteristics,’’ would be
downloaded onto the hardware. In the
scenario where the fabric switch would be
assembled to completion in Hong Kong and
the software downloaded to the switch in
that country, CBP determined that the
country of origin for marking purposes would
be Hong Kong. Likewise, were assembly and
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configuration to take place in the United
States, CBP concluded that the country of
origin would be the U.S.
InfraStruXure Solutions
We note that while several subassemblies
and components are manufactured in other
countries, after importation these individual
units are assembled into systems at the
customer’s premises in the United States by
trained technicians. As discussed below,
several of the units comprising the ISX
undergo assembly and programming in the
U.S. Further, some of the units, the InRoom
Cooling Units and Chillers, are entirely
manufactured in the U.S. As a part of the
assembly and installation process, the
diagnostic firmware present in many of the
units (UPS, Rack PDU, InRow Cooling units,
NetBotz and InfraStruXure Central) is either
replaced or upgraded, that is, the systems are
programmed to perform their operational
function by trained technicians. Most of the
design and a high percentage of the original
firmware and OS programming are developed
in the U.S. See FACTS supra. Depending on
the size of the system, programming,
assembly and installation generally take from
three to 15 days to complete.
As a result of the assembling, programming
and installation of the units by highly trained
APC technicians that takes place after
importation, we agree with your contention
that the units are substantially transformed in
the U.S. from non-functional or partly
functional devices into an intelligent and
fully functional network or data center UPS
system. Consequently, the country of origin
of the typical small, medium and large
InfraStruXure Solutions will be the United
States.
In addition, you seek a final determination
on certain units that may be sold separately
(most likely as add-ons after the ISX has been
in use for a while, but sometimes as
replacement units).
Symmetra PX UPS and Symmetra MW UPS
After importation, the components of the
UPS units (power, intelligence, battery, and
bypass/static switch modules) must be
assembled together in the UPS frame by
trained technicians. Both models of UPS
units are imported with firmware installed
for diagnostic testing. In addition the
Symmetra PX UPS is imported with a version
of the operating system which APC
technicians configure to the customer’s
requirements. APC technicians also install
fully functional firmware onto both models
of UPS units after complete assembly and
integration into the full ISX system at the
customer’s premises. Assembly, installation
and programming take between one and 10
days depending on the model of UPS unit.
Given the complexity of the devices and of
the mechanical and electrical connections
which must be made in the U.S. by highly
trained technicians, and the fact that the
units will be programmed in the United
States using firmware developed in part in
the U.S., we find that both models of UPS
units would be substantially transformed in
the United States and that the U.S. would be
their country of origin. See Data General and
Belcrest Linens, supra.
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56127
HOLDING:
Based on the facts provided, the assembly
and programming operations performed in
the United States on the units of the ISX give
rise to a new and different article (an ISX)
and impart the essential character of the ISX.
Likewise, the assembly and programming
operations performed in the United States on
the components of the UPS units of the ISX
give rise to a new and different article (a UPS
unit). As such, the ISX and the UPS units
described in this ruling are to be considered
products of the United States for purposes of
government procurement.
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. Pursuant to 19 C.F.R.
§ 177.30, any party-at-interest may, within 30
days of 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, Regulations and Rulings,
Office of International Trade.
[FR Doc. 2010–22928 Filed 9–14–10; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2010–0032]
Federal Radiological Preparedness
Coordinating Committee
Federal Emergency
Management Agency, DHS.
ACTION: Notice of public meeting.
AGENCY:
The Federal Radiological
Preparedness Coordinating Committee
is holding a public meeting on
September 28, 2010 in Arlington, VA.
DATES: The meeting will take place on
September 28, 2010. The session is open
to the public and will take place from
9 a.m. to 11 a.m. Send written
statements and requests to make oral
statements to the person listed in the
SUMMARY:
FOR FURTHER INFORMATION CONTACT
section by close of business September
25, 2010.
ADDRESSES: The meeting will be held at
the Marriott Crystal Gateway located at
1700 Jefferson Davis Highway,
Arlington, VA 22202, in the Alexandria
Room.
FOR FURTHER INFORMATION CONTACT:
Timothy Greten, FRPCC Executive
Secretary, DHS/FEMA, 1800 South Bell
Street—CC847, Mail Stop 3025,
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56128
Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices
Arlington, VA 20598–3025; telephone
(202) 646–3907; fax (703) 305–0837; or
e-mail timothy.greten@dhs.gov.
The role
and functions of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) are described in 44
CFR 351.10(a) and 351.11(a). The
FRPCC is holding a public meeting on
September 28, 2010, from 9 a.m. to 11
a.m., at the Marriott Crystal Gateway
located at 1700 Jefferson Davis
Highway, Arlington, VA 22202, in the
Alexandria Room. Please note that the
meeting may close early. This meeting
is open to the public. Public meeting
participants must pre-register to be
admitted to the meeting. To pre-register,
please provide your name and
telephone number by close of business
on September 25, 2010, to the
individual listed in the FOR FURTHER
INFORMATION CONTACT section.
The tentative agenda for the FRPCC
meeting includes: (1) Introductions, (2)
reports from FRPCC Subcommittees, (3)
status of finalization of Radiological
Emergency Preparedness (REP) Program
Manual and NUREG–0654 Supplement
4, and (4) REP Program Manual and
Supplement 4 Implementation ‘‘Impact
Papers.’’ The FRPCC Chair shall conduct
the meeting in a way that will facilitate
the orderly conduct of business.
Reasonable provisions will be made, if
time permits, for oral statements from
the public of not more than five minutes
in length. Any member of the public
who wishes to make an oral statement
at the meeting should send a written
request for time by close of business on
September 25, 2010, to the individual
listed in the FOR FURTHER INFORMATION
CONTACT section. Any member of the
public who wishes to file a written
statement with the FRPCC should
provide the statement by close of
business on September 25, 2010, to the
individual listed in the FOR FURTHER
INFORMATION CONTACT section. For
further information and to review any
supporting documents please go to
https://www.regulations.gov, Docket ID
FEMA–2010–0032.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, please write or call the
individual listed in the FOR FURTHER
INFORMATION CONTACT section as soon as
possible.
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18:57 Sep 14, 2010
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Authority: 44 CFR 351.10(a) and 351.11(a).
Timothy W. Manning,
Deputy Administrator, Protection and
National Preparedness, Federal Emergency
Management Agency.
[FR Doc. 2010–22984 Filed 9–14–10; 8:45 am]
BILLING CODE 9110–21–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR 5378–N–04]
Notice of Proposed Extension of a
Currently Approved Information
Collection: Comment Request;
Housing Discrimination Information
Form HUD–903.1, HUD 903.1A, HUD–
903–1B, HUD–903.1F, HUD–903.1KOR,
HUD–903.1C, HUD–903.1CAM, HUD–
903.1RUS, 903–1_Somali
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
AGENCY:
The proposed extension of the
currently approved information
collection requirement concerning
Housing Discrimination Information
Forms HUD 903.1, HUD 903.1A, HUD–
903–1B, HUD–903.1F, HUD–903.1KOR,
HUD–903.1C, HUD–903.1CAM, HUD–
903.1RUS, and HUD–903–1_Somali will
be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. HUD will also solicit
public comments on the subject
proposal.
DATES: Comments Due Date: November
15, 2010.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number, and should be sent to
Leroy McKinney, Jr., Paperwork
Reduction Act Manager, Office of Chief
Information Officer, U.S. Department of
Housing and Urban Development, 451
7th Street, SW., Room 4178,
Washington, DC 20410–2000; telephone:
(202) 402–5564.
FOR FURTHER INFORMATION CONTACT:
Turner Russell, U.S. Department of
Housing and Urban Development, 451
7th Street, SW., Room 5226,
Washington, DC, 20410–2000;
telephone: (202) 402–6995 (this is not a
toll-free number). Hearing or speechimpaired individuals may access this
number via TTY/ASCII by calling the
toll-free Federal Information Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: HUD is
proposing this extension of a currently
SUMMARY:
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approved information collection to the
OMB for review, as required by the
Paperwork Reduction Act of 1995 [44
U.S.C. chapter 35, as amended].
This Notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
extension of the collection of
information regarding alleged
discriminatory housing practices under
the Fair Housing Act (Act) [42 U.S.C.
3601 et seq.]. The Act prohibits
discrimination in the sale, rental,
occupancy, advertising, and insuring of
residential dwellings; and in residential
real estate-related transactions; and in
the provision of brokerage services,
based on race, color, religion, sex,
handicap [disability], familial status, or
national origin.
Any person who claims to have been
injured by a discriminatory housing
practice, or who believes that he or she
will be injured by a discriminatory
housing practice that is about to occur,
may file a complaint with HUD not later
than one year after the alleged
discriminatory housing practice
occurred or terminated. Form HUD–
903.1 was developed in order to
promote consistency in the documents
that, by statute, must be provided to
persons against whom complaints are
filed, and for the convenience of the
general public. Section 103.25 of HUD’s
Fair Housing Act regulation describes
the information that must be included
in each complaint filed with HUD. For
purposes of meeting the Act’s one-year
time limitation for filing complaints
with HUD, complaints need not be
initially submitted on the Form that
HUD provides. Housing Discrimination
Information Form HUD–903.1 (English
language), HUD–903.1A (Spanish
language), HUD–903–1B (Chinese
language), HUD–903.1F (Vietnamese
language), HUD–903.1KOR (Korean
language), HUD–903.1C (Arabic
language), HUD–903.1CAM (Cambodian
language), HUD–903.1RUS (Russian
language), and HUD–903–1 (Somali
language) may be submitted to HUD by
mail, in person, by facsimile, or via the
Internet to HUD’s Office of Fair Housing
and Equal Opportunity (FHEO). FHEO
staff uses the information provided on
the Form to verify HUD’s authority to
investigate the aggrieved person’s
allegations under the Act.
Notice of Submission of Proposed
Extension of Information Collection to
OMB
Title of Proposal: Housing
Discrimination Information Form.
Office: Fair Housing and Equal
Opportunity, HUD.
OMB Control Number: 2529–0011.
E:\FR\FM\15SEN1.SGM
15SEN1
Agencies
[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Pages 56127-56128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22984]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2010-0032]
Federal Radiological Preparedness Coordinating Committee
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The Federal Radiological Preparedness Coordinating Committee
is holding a public meeting on September 28, 2010 in Arlington, VA.
DATES: The meeting will take place on September 28, 2010. The session
is open to the public and will take place from 9 a.m. to 11 a.m. Send
written statements and requests to make oral statements to the person
listed in the FOR FURTHER INFORMATION CONTACT section by close of
business September 25, 2010.
ADDRESSES: The meeting will be held at the Marriott Crystal Gateway
located at 1700 Jefferson Davis Highway, Arlington, VA 22202, in the
Alexandria Room.
FOR FURTHER INFORMATION CONTACT: Timothy Greten, FRPCC Executive
Secretary, DHS/FEMA, 1800 South Bell Street--CC847, Mail Stop 3025,
[[Page 56128]]
Arlington, VA 20598-3025; telephone (202) 646-3907; fax (703) 305-0837;
or e-mail timothy.greten@dhs.gov.
SUPPLEMENTARY INFORMATION: The role and functions of the Federal
Radiological Preparedness Coordinating Committee (FRPCC) are described
in 44 CFR 351.10(a) and 351.11(a). The FRPCC is holding a public
meeting on September 28, 2010, from 9 a.m. to 11 a.m., at the Marriott
Crystal Gateway located at 1700 Jefferson Davis Highway, Arlington, VA
22202, in the Alexandria Room. Please note that the meeting may close
early. This meeting is open to the public. Public meeting participants
must pre-register to be admitted to the meeting. To pre-register,
please provide your name and telephone number by close of business on
September 25, 2010, to the individual listed in the FOR FURTHER
INFORMATION CONTACT section.
The tentative agenda for the FRPCC meeting includes: (1)
Introductions, (2) reports from FRPCC Subcommittees, (3) status of
finalization of Radiological Emergency Preparedness (REP) Program
Manual and NUREG-0654 Supplement 4, and (4) REP Program Manual and
Supplement 4 Implementation ``Impact Papers.'' The FRPCC Chair shall
conduct the meeting in a way that will facilitate the orderly conduct
of business. Reasonable provisions will be made, if time permits, for
oral statements from the public of not more than five minutes in
length. Any member of the public who wishes to make an oral statement
at the meeting should send a written request for time by close of
business on September 25, 2010, to the individual listed in the FOR
FURTHER INFORMATION CONTACT section. Any member of the public who
wishes to file a written statement with the FRPCC should provide the
statement by close of business on September 25, 2010, to the individual
listed in the FOR FURTHER INFORMATION CONTACT section. For further
information and to review any supporting documents please go to https://www.regulations.gov, Docket ID FEMA-2010-0032.
Information on Services for Individuals With Disabilities
For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, please
write or call the individual listed in the FOR FURTHER INFORMATION
CONTACT section as soon as possible.
Authority: 44 CFR 351.10(a) and 351.11(a).
Timothy W. Manning,
Deputy Administrator, Protection and National Preparedness, Federal
Emergency Management Agency.
[FR Doc. 2010-22984 Filed 9-14-10; 8:45 am]
BILLING CODE 9110-21-P