Notice of Proposed Information Collection: Comment Request; Border Community Capital Initiative, 73041-73042 [2012-29609]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
1149 (Ct. Int’l Trade 1983), aff’d, 741
F.2d 1368 (Fed. Cir. 1984). Assembly
operations that are minimal or simple,
as opposed to complex or meaningful,
will generally not result in a substantial
transformation. See C.S.D. 80–111,
C.S.D. 85–25, C.S.D. 89–110, C.S.D. 89–
118, C.S.D. 90–51, and C.S.D. 90–97. If
the manufacturing or combining process
is a minor one which leaves the identity
of the article intact, a substantial
transformation has not occurred.
Uniroyal, Inc. v. United States, 3 Ct. Int’l
Trade 220, 542 F. Supp. 1026 (1982),
aff’d 702 F. 2d 1022 (Fed. Cir. 1983).
In order to determine whether a
substantial transformation occurs when
components of various origins are
assembled into completed products,
CBP considers the totality of the
circumstances and makes such
determinations on a case-by-case basis.
The country of origin of the item’s
components, extent of the processing
that occurs within a country, and
whether such processing renders a
product with a new name, character,
and use are primary considerations in
such cases. Additionally, factors such as
the resources expended on product
design and development, the extent and
nature of post-assembly inspection and
testing procedures, and worker skill
required during the actual
manufacturing process will be
considered when determining whether a
substantial transformation has occurred.
No one factor is determinative.
In Headquarters Ruling Letter (‘‘HQ’’)
H118435 (Oct. 13, 2010), CBP found that
Chinese-origin chassis, plastic body
parts and plastic pieces of trim were
substantially transformed by assembly
operations performed in the United
States to produce electric vehicles.
Under the described assembly process,
the imported parts lost their individual
identities and became integral parts of a
new article possessing a new name,
character and use. Further, components
crucial to the making of an electric
vehicle (the battery pack, motor,
electronics, wiring assemblies, and
charger) were of U.S. origin. Based upon
these facts, we found that the country of
origin of the electric vehicles was the
United States.
In HQ H022169 (May 2, 2008), CBP
found that an imported mini-truck
glider was substantially transformed as
a result of assembly operations
performed in the United States to
produce an electric mini-truck. Our
decision was based on the fact that,
under the described assembly process,
the imported glider lost its individual
identity and became an integral part of
a new article possessing a new name,
character and use. In addition, a
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substantial number of the components
added to the imported glider were of
U.S. origin.
In HQ 558919 (Mar. 20, 1995), a
country of origin marking case relied
upon in HQ H022169, U.S. Customs
(now CBP) held that an extruder
assembly manufactured in England was
substantially transformed in the United
States when it was wired and combined
with U.S. components (motor, electric
controls and extruder screw) to create a
vertical extruder. In reaching that
decision, Customs emphasized that the
imported extruder subassembly and the
U.S. components each had important
attributes that were necessary to the
operation of the extruder. Consequently,
we found that the imported
subassemblies should be excepted from
individual marking, provided that the
cartons in which the U.S. manufacturer
received them were properly marked
with their country of origin.
In the rulings cited above, CBP found
that assembly of the imported parts
together with the U.S.-made
components was necessary to the
operation of the finished product. The
same is true in this situation. None of
the imported parts, on their own, can
operate as an electric vehicle but must
be assembled with other necessary
components, such as batteries, motors,
instrument clusters, and wiring
assemblies, which are all of U.S. origin.
Moreover, given the complexity and
duration of the U.S. manufacturing
process, we consider those operations to
be more than mere assembly.
Based on the information before us,
and consistent with the CBP rulings
cited above, we find that the Chineseorigin glider and Canadian charger are
substantially transformed by the
assembly operations performed in the
United States to produce electric
vehicles. Under the described assembly
process, the imported articles lose their
individual identities and become
integral parts of new articles possessing
new names, characters and uses.
Further, components crucial to the
making of an electric vehicle (the
batteries, motor, instrument cluster,
wiring assemblies, and heater core) are
of U.S. origin. We conclude, based upon
these specific facts, that the country of
origin of the VVI electric trucks and
vans for purposes of U.S. Government
procurement is the United States.
HOLDING:
The Chinese glider and Canadian
charger are substantially transformed
when they are assembled in the United
States with domestic components. As a
result, the country of origin of VVI’s line
of electric vehicles, specifically the
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73041
EVX1000 and EVR1000 Green Trucks
and the EVC1000 and EVP1000 Green
Vans, for purposes of U.S. Government
procurement 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. 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. 2012–29633 Filed 12–6–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5604 -N–13]
Notice of Proposed Information
Collection: Comment Request; Border
Community Capital Initiative
Office of Community Planning
and Development, HUD.
ACTION: Notice.
AGENCY:
The proposed information
collection requirement described below
will be 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.
The purpose of this submission is for
the application for the Border
community Capital Initiative grant
process. Information is required to rate
and rank competitive applications and
to ensure eligibility of applicants for
funding. Semi-annual reporting is
required to monitor grant management.
DATES: Comments Due Date: February 5,
2013.
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:
Reports Liaison Officer, Department of
Housing and Urban Development, 451
7th Street SW., Washington, DC 20410,
Room 9120 or the number for the
Federal Information Relay Service
(1–800–877–8339).
SUMMARY:
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73042
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
tkelley on DSK3SPTVN1PROD with
FOR FURTHER INFORMATION CONTACT:
Program Contact: Jackie L. Williams,
Ph.D., Director, Office of Rural Housing
and Economic Development,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410, telephone (202)
708–2290 (this is not a toll free number)
for copies of the proposed forms and
other available information.
SUPPLEMENTARY INFORMATION: The
Department is submitting the proposed
information collection to 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
collection of information to: (1) Evaluate
whether the proposed collection 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
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
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: Border Community
Capital Initiative.
OMB Control Number, if applicable:
Pending.
Description of the need for the
information and proposed use: The
purpose of this submission is for the
application for the Boarder community
Capital Initiative grant process.
Information is required to rate and rank
competitive applications and to ensure
eligibility of applicants for funding.
Semi-annual reporting is required to
monitor grant management.
Agency form numbers, if applicable:
SF 424; SF424 Supplement; HUD
424CB; HUD 424–CBW; SF–LLL; HUD
2880; HUD 2990; HUD 2991; HUD 2993;
HUD 2994A; HUD 96010; HUD 27061;
HUD 27300; and HUD 96011 SF 269a.
Estimation of the total numbers of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response: The number of
burden hours is 2,801. The number of
respondents is 50, the number of
responses is 50, the frequency of
response is on occasion, and the burden
hour per response is 100.
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Status of the proposed information
collection: This is a new collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: December 3, 2012.
Clifford Taffet,
Deputy Assistant Secretary for Community
Planning and Development.
[FR Doc. 2012–29609 Filed 12–6–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5601–N–48]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for use to assist the
homeless.
FOR FURTHER INFORMATION CONTACT:
Juanita Perry, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 402–3970; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, suitable/to be excess, and
unsuitable. The properties listed in the
three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
SUMMARY:
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HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to Theresa Ritta,
Division of Property Management,
Program Support Center, HHS, room
5B–17, 5600 Fishers Lane, Rockville,
MD 20857; (301) 443–2265. (This is not
a toll-free number.) HHS will mail to the
interested provider an application
packet, which will include instructions
for completing the application. In order
to maximize the opportunity to utilize a
suitable property, providers should
submit their written expressions of
interest as soon as possible. For
complete details concerning the
processing of applications, the reader is
encouraged to refer to the interim rule
governing this program, 24 CFR part
581.
For properties listed as suitable/to be
excess, that property may, if
subsequently accepted as excess by
GSA, be made available for use by the
homeless in accordance with applicable
law, subject to screening for other
Federal use. At the appropriate time,
HUD will publish the property in a
Notice showing it as either suitable/
available or suitable/unavailable.
For properties listed as suitable/
unavailable, the landholding agency has
decided that the property cannot be
declared excess or made available for
use to assist the homeless, and the
property will not be available.
Properties listed as unsuitable will
not be made available for any other
purpose for 20 days from the date of this
Notice. Homeless assistance providers
interested in a review by HUD of the
determination of unsuitability should
call the toll free information line at 1–
800–927–7588 for detailed instructions
or write a letter to Ann Marie Oliva at
the address listed at the beginning of
this Notice. Included in the request for
review should be the property address
(including zip code), the date of
publication in the Federal Register, the
landholding agency, and the property
number.
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Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73041-73042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29609]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5604 -N-13]
Notice of Proposed Information Collection: Comment Request;
Border Community Capital Initiative
AGENCY: Office of Community Planning and Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The proposed information collection requirement described
below will be 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.
The purpose of this submission is for the application for the
Border community Capital Initiative grant process. Information is
required to rate and rank competitive applications and to ensure
eligibility of applicants for funding. Semi-annual reporting is
required to monitor grant management.
DATES: Comments Due Date: February 5, 2013.
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: Reports Liaison Officer,
Department of Housing and Urban Development, 451 7th Street SW.,
Washington, DC 20410, Room 9120 or the number for the Federal
Information Relay Service (1-800-877-8339).
[[Page 73042]]
FOR FURTHER INFORMATION CONTACT: Program Contact: Jackie L. Williams,
Ph.D., Director, Office of Rural Housing and Economic Development,
Department of Housing and Urban Development, 451 7th Street SW.,
Washington, DC 20410, telephone (202) 708-2290 (this is not a toll free
number) for copies of the proposed forms and other available
information.
SUPPLEMENTARY INFORMATION: The Department is submitting the proposed
information collection to 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 collection of information to:
(1) Evaluate whether the proposed collection 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 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 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: Border Community Capital Initiative.
OMB Control Number, if applicable: Pending.
Description of the need for the information and proposed use: The
purpose of this submission is for the application for the Boarder
community Capital Initiative grant process. Information is required to
rate and rank competitive applications and to ensure eligibility of
applicants for funding. Semi-annual reporting is required to monitor
grant management.
Agency form numbers, if applicable: SF 424; SF424 Supplement; HUD
424CB; HUD 424-CBW; SF-LLL; HUD 2880; HUD 2990; HUD 2991; HUD 2993; HUD
2994A; HUD 96010; HUD 27061; HUD 27300; and HUD 96011 SF 269a.
Estimation of the total numbers of hours needed to prepare the
information collection including number of respondents, frequency of
response, and hours of response: The number of burden hours is 2,801.
The number of respondents is 50, the number of responses is 50, the
frequency of response is on occasion, and the burden hour per response
is 100.
Status of the proposed information collection: This is a new
collection.
Authority: The Paperwork Reduction Act of 1995, 44 U.S.C.,
Chapter 35, as amended.
Dated: December 3, 2012.
Clifford Taffet,
Deputy Assistant Secretary for Community Planning and Development.
[FR Doc. 2012-29609 Filed 12-6-12; 8:45 am]
BILLING CODE 4210-67-P