Meeting: Homeland Security Advisory Council, 789-790 [2016-00041]

Download as PDF rmajette on DSK2TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices 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. Substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940). 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. See 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). In Uniroyal, Inc. v. United States, the Court of International Trade held that no substantial transformation occurred because the attachment of a footwear upper from Indonesia to its outsole in the United States was a minor manufacturing or combining process which left the identity of the upper intact. Uniroyal, Inc. v. United States, 3 CIT 220, 224, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). The court found that the upper was readily recognizable as a distinct item apart from the outsole to which it was attached, it did not lose its identity in the manufacture of the finished shoe in the United States, and the upper did not undergo a physical change or a change in use. Also, under Uniroyal, the change in name from ‘‘upper’’ to ‘‘shoe’’ was not significant. The court concluded that the upper was the essence of the completed shoe, and was not substantially transformed. In National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993), the court considered sockets and flex handles which were either cold formed or hot forged into their final shape prior to importation, speeder handles which were reshaped by a power press after importation, and the grip of flex handles which were knurled in the U.S. The imported articles were heat treated, cleaned by sandblasting, tumbling, and/or chemical vibration before being electroplated. In certain instances, various components were assembled together which the court stated required some skill and dexterity. The court determined that the imported articles were not substantially transformed and that they remained products of Taiwan. In making its determination, the court focused on the fact that the components had been cold formed or hot forged ‘‘into their final shape before importation’’, and that ‘‘the form of the components remained the same’’ after the assembly and heat treatment processes performed in the U.S. VerDate Sep<11>2014 14:27 Jan 06, 2016 Jkt 238001 It is your position that the country of origin of the intermodal containers is the U.S. because your client’s operations are ‘‘plainly complex and meaningful’’ in that every component loses its identity and becomes an integral part of the shipping container. You state that this process is more complex than processes found to effect a substantial transformation in certain past rulings, and you cite to Headquarters Ruling Letters (HQ) H248850, dated November 7, 2014; H259326, dated April 13, 2015; H192144, dated October 22, 2014; and H251592, dated June 24, 2014. You also state that the large scale industrial process that is employed to manipulate components weighing hundreds to thousands of pounds to manufacture a shipping container to narrow tolerances is surely a ‘‘complex operation requiring skilled workers.’’ You also advise that this ‘‘large scale industrial’’ manufacturing process requires skilled labor, special equipment, facilities, labor resources and in-process quality assurance techniques and precision subject to ISO specifications and rigorous CSC certification. You argue that the strict dimensional tolerances that are required for safety and to assure compliance with ISO and CSC standards for use in international commerce makes the process precise, expensive, complex and meaningful. We reviewed your submission and note that although the large scale assembly requires skilled labor for safety and compliance with certain ISO and CSC certification requirements, this does not result in a substantial transformation of the non-U.S. components. Rather, the container assembly is distinguishable from the aforementioned cases where CBP found substantial transformation. In H259326, the exoskeleton assistive walking device assembly consisted of hundreds of parts sourced from U.S. manufacturers, with the exception of three parts, all of which were assembled in the U.S. In H259326, CBP found the inclusion of the two of the three non-U.S. parts (a heat diffuser/shield, foot straps/binding) would be permanently attached to the finished devices such that they would ‘‘lose their separate identities and be subsumed into the finished exoskeleton,’’ thereby resulting in a substantial transformation when used in the manufacturer of the finished exoskeleton. However, in this case, the foreign-origin front, side and roof and floor panels are not subsumed into a complex device. Further, there is not complex assembly of the container like in H248850, dated November 7, 2014, in which CBP found a substantial transformation involving U.S. patented operations which consisted of bending of the HEX; brazing of various connections; and installing a control box which contained U.S. developed software. With the intermodal containers, although skilled workers are required to ensure safety and accuracy in accordance with ISO and CSC requirements, the grinding, welding and assembly processes essentially do not change the predetermined use of the panels, all of which originate from one foreign country. In regard to H251592, CBP determined that certain AIO cartridges assembled with toner powder from Japan, a cleaning unit from PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 789 Thailand, and a development unit from China, were substantially transformed because the toner powder was found to be the most critical element of the AIO cartridge. As in Uniroyal, the essential character of the container is imparted by the foreign-origin roof, side and bottom panels, which, like National Handtool, are already formed in the final shape prior to importation. In H192144, CBP found imported coated, optical lenses underwent a double substantial transformation in a beneficiary country to meet the 35 percent value-content GSP requirement, which is not at issue here. Therefore, we do not find a substantial transformation in the manufacture of the subject intermodal containers. HOLDING: Based upon the specific facts of this case, we find that the imported panels are not substantially transformed as a result of the described operations performed in the United States. The country of origin of the intermodal containers for purposes of U.S. Government procurement is imparted by the roof, side and floor panels, which are of nonU.S. origin. Notice of this final determination will be given in the Federal Register, as required by 19 CFR 177.29. Any party-at-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 party-atinterest 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, Myles B. Harmon, Acting Executive Director Regulations & Rulings Office of International Trade [FR Doc. 2015–33244 Filed 1–6–16; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2015–0069] Meeting: Homeland Security Advisory Council The Office of Public Engagement, DHS. ACTION: Notice of partially closed Federal Advisory Committee meeting. AGENCY: The Homeland Security Advisory Council (‘‘Council’’) will meet in person on January 21, 2016. Members of the public may participate in person. The meeting will be partially closed to the public. DATES: The Council will meet Thursday, January 21, 2016, from 10:10 a.m. to 4:35 p.m. EST. The meeting will be open to the public from 1:30 p.m. to 3:00 p.m. EST. Please note the meeting SUMMARY: E:\FR\FM\07JAN1.SGM 07JAN1 rmajette on DSK2TPTVN1PROD with NOTICES 790 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices may close early if the Council has completed its business. The meeting will be closed to the public from 10:10 a.m. to 1:25 p.m. EST and 3:05 p.m. to 4:35 p.m. EST. ADDRESSES: The meeting will be held at the Woodrow Wilson International Center for Scholars (‘‘Wilson Center’’), located at 1300 Pennsylvania Avenue NW., Washington, DC 20004. All visitors will be processed through the lobby of the Wilson Center. Written public comments prior to the meeting must be received by 5:00 p.m. EST on Monday, January 18, 2016, and must be identified by Docket No. DHS–2015– 0069. Written public comments after the meeting must be identified by Docket No. DHS–2015–0069 and may be submitted by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: HSAC@hq.dhs.gov. Include Docket No. DHS–2015–0069 in the subject line of the message. • Fax: (202) 282–9207 • Mail: Homeland Security Advisory Council, Attention Mike Miron, Department of Homeland Security, Mailstop 0445, 245 Murray Lane SW., Washington, DC 20528. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and ‘‘DHS–2015– 0069,’’ the docket number for this action. Comments received will be posted without alteration at https:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read comments received by the Council, go to https://www.regulations.gov, search ‘‘DHS–2015–0069,’’ ‘‘Open Docket Folder’’ and provide your comments. FOR FURTHER INFORMATION CONTACT: Mike Miron at HSAC@hq.dhs.gov or at (202) 447–3135. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under Section 10(a) of the Federal Advisory Committee Act (FACA), Public Law 92–463 (5 U.S.C. Appendix), which requires each FACA committee meeting to be open to the public. The Council provides organizationally independent, strategic, timely, specific, actionable advice and recommendations to the Secretary of the Department of Homeland Security (DHS) on matters related to homeland security. The Council is comprised of leaders of local law enforcement, first responders, state and local government, the private sector, and academia. The Council will meet in an open session between 1:30 p.m. and 3:00 p.m. VerDate Sep<11>2014 18:29 Jan 06, 2016 Jkt 238001 EST. The Council will swear in new members, receive reports from the CBP Integrity Advisory Panel and the DHS Grant Review Task Force, and receive verbal progress reports from the Cybersecurity Subcommittee and the Countering Violent Extremism Subcommittee. The Council will meet in a closed session from 10:10 a.m. to 1:25 p.m. and 3:05 p.m. to 4:35 p.m. EST to receive sensitive operational counterterrorism information from senior officials and information on current threats and security measures from the Cybersecurity Subcommittee and Countering Violent Extremism Subcommittee leadership. Basis for Partial Closure: In accordance with Section 10(d) of the Federal Advisory Committee Act (FACA), the Secretary of the Department of Homeland Security has determined this meeting requires partial closure. The disclosure of the information relayed would be detrimental to the public interest for the following reasons: The Council will receive closed session briefings from senior officials and both the Cybersecurity Subcommittee and Countering Violent Extremism Subcommittees. The Council will receive operational counterterrorism updates on the current threat environment and security measures associated with countering such threats. The session is closed under 5 U.S.C. 552b(c)(7)(E) because disclosure of that information could reveal investigative techniques and procedures not generally available to the public, allowing terrorists and those with interests against the United States to circumvent the law and thwart the Department’s strategic initiatives. These briefings will concern matters sensitive to homeland security within the meaning of 5 U.S.C. 552b(c)(7)(E)and 552b(c)(9)(B). The session is closed pursuant to 5 U.S.C. 552b(c)(9)(B) because disclosure of these techniques and procedures could frustrate the successful implementation of protective measures designed to keep our country safe. Participation: Members of the public will have until 5 p.m. EST on Monday, January 18, 2016, to register to attend the Council meeting on January 21, 2016. Due to limited availability of seating, admittance will be on a firstcome first-serve basis. Participants interested in attending the meeting can contact Mike Miron at HSAC@ hq.dhs.gov or (202) 447–3135. You are required to provide your full legal name, date of birth, and company/agency affiliation. The public may access the facility via public transportation or use PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 the public parking garages located near the Wilson Center. Wilson Center directions can be found at: https:// wilsoncenter.org/directions. Members of the public will meet at 1:00 p.m. EST at the Wilson Center’s main entrance for sign in and escorting to the meeting room for the public session. Late arrivals after 1:45 p.m. EST will not be permitted access to the facility. Facility Access: You are required to present a valid original government issued ID, to include a State Driver’s License or Non-Driver’s Identification Card, U.S. Government Common Access Card (CAC), Military Identification Card or Person Identification Verification Card; U.S. Passport, U.S. Border Crossing Card, Permanent Resident Card or Alien Registration Card; or Native American Tribal Document. Information of Services for Individuals with Disabilities: For information on facilities or services for individuals with disabilities, or to request special assistance at the meeting, contact Mike Miron at HSAC@ hq.dhs.gov or (202) 447–3135 as soon as possible. Dated: December 31, 2015. Sarah E. Morgenthau, Executive Director, Homeland Security Advisory Council, DHS. [FR Doc. 2016–00041 Filed 1–6–16; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0013] Agency Information Collection Activities: Application for Travel Document, Form I–131; Revision of a Currently Approved Collection U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: 60-Day Notice. AGENCY: The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to SUMMARY: E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 789-790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00041]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2015-0069]


Meeting: Homeland Security Advisory Council

AGENCY: The Office of Public Engagement, DHS.

ACTION: Notice of partially closed Federal Advisory Committee meeting.

-----------------------------------------------------------------------

SUMMARY: The Homeland Security Advisory Council (``Council'') will meet 
in person on January 21, 2016. Members of the public may participate in 
person. The meeting will be partially closed to the public.

DATES: The Council will meet Thursday, January 21, 2016, from 10:10 
a.m. to 4:35 p.m. EST. The meeting will be open to the public from 1:30 
p.m. to 3:00 p.m. EST. Please note the meeting

[[Page 790]]

may close early if the Council has completed its business. The meeting 
will be closed to the public from 10:10 a.m. to 1:25 p.m. EST and 3:05 
p.m. to 4:35 p.m. EST.

ADDRESSES: The meeting will be held at the Woodrow Wilson International 
Center for Scholars (``Wilson Center''), located at 1300 Pennsylvania 
Avenue NW., Washington, DC 20004. All visitors will be processed 
through the lobby of the Wilson Center. Written public comments prior 
to the meeting must be received by 5:00 p.m. EST on Monday, January 18, 
2016, and must be identified by Docket No. DHS-2015-0069. Written 
public comments after the meeting must be identified by Docket No. DHS-
2015-0069 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: HSAC@hq.dhs.gov. Include Docket No. DHS-2015-0069 
in the subject line of the message.
     Fax: (202) 282-9207
     Mail: Homeland Security Advisory Council, Attention Mike 
Miron, Department of Homeland Security, Mailstop 0445, 245 Murray Lane 
SW., Washington, DC 20528.
    Instructions: All submissions received must include the words 
``Department of Homeland Security'' and ``DHS-2015-0069,'' the docket 
number for this action. Comments received will be posted without 
alteration at https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read comments received by the 
Council, go to https://www.regulations.gov, search ``DHS-2015-0069,'' 
``Open Docket Folder'' and provide your comments.

FOR FURTHER INFORMATION CONTACT: Mike Miron at HSAC@hq.dhs.gov or at 
(202) 447-3135.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under 
Section 10(a) of the Federal Advisory Committee Act (FACA), Public Law 
92-463 (5 U.S.C. Appendix), which requires each FACA committee meeting 
to be open to the public.
    The Council provides organizationally independent, strategic, 
timely, specific, actionable advice and recommendations to the 
Secretary of the Department of Homeland Security (DHS) on matters 
related to homeland security. The Council is comprised of leaders of 
local law enforcement, first responders, state and local government, 
the private sector, and academia.
    The Council will meet in an open session between 1:30 p.m. and 3:00 
p.m. EST. The Council will swear in new members, receive reports from 
the CBP Integrity Advisory Panel and the DHS Grant Review Task Force, 
and receive verbal progress reports from the Cybersecurity Subcommittee 
and the Countering Violent Extremism Subcommittee.
    The Council will meet in a closed session from 10:10 a.m. to 1:25 
p.m. and 3:05 p.m. to 4:35 p.m. EST to receive sensitive operational 
counterterrorism information from senior officials and information on 
current threats and security measures from the Cybersecurity 
Subcommittee and Countering Violent Extremism Subcommittee leadership.
    Basis for Partial Closure: In accordance with Section 10(d) of the 
Federal Advisory Committee Act (FACA), the Secretary of the Department 
of Homeland Security has determined this meeting requires partial 
closure. The disclosure of the information relayed would be detrimental 
to the public interest for the following reasons:
    The Council will receive closed session briefings from senior 
officials and both the Cybersecurity Subcommittee and Countering 
Violent Extremism Subcommittees. The Council will receive operational 
counterterrorism updates on the current threat environment and security 
measures associated with countering such threats. The session is closed 
under 5 U.S.C. 552b(c)(7)(E) because disclosure of that information 
could reveal investigative techniques and procedures not generally 
available to the public, allowing terrorists and those with interests 
against the United States to circumvent the law and thwart the 
Department's strategic initiatives. These briefings will concern 
matters sensitive to homeland security within the meaning of 5 U.S.C. 
552b(c)(7)(E)and 552b(c)(9)(B). The session is closed pursuant to 5 
U.S.C. 552b(c)(9)(B) because disclosure of these techniques and 
procedures could frustrate the successful implementation of protective 
measures designed to keep our country safe.
    Participation: Members of the public will have until 5 p.m. EST on 
Monday, January 18, 2016, to register to attend the Council meeting on 
January 21, 2016. Due to limited availability of seating, admittance 
will be on a first-come first-serve basis. Participants interested in 
attending the meeting can contact Mike Miron at HSAC@hq.dhs.gov or 
(202) 447-3135. You are required to provide your full legal name, date 
of birth, and company/agency affiliation. The public may access the 
facility via public transportation or use the public parking garages 
located near the Wilson Center. Wilson Center directions can be found 
at: https://wilsoncenter.org/directions. Members of the public will meet 
at 1:00 p.m. EST at the Wilson Center's main entrance for sign in and 
escorting to the meeting room for the public session. Late arrivals 
after 1:45 p.m. EST will not be permitted access to the facility.
    Facility Access: You are required to present a valid original 
government issued ID, to include a State Driver's License or Non-
Driver's Identification Card, U.S. Government Common Access Card (CAC), 
Military Identification Card or Person Identification Verification 
Card; U.S. Passport, U.S. Border Crossing Card, Permanent Resident Card 
or Alien Registration Card; or Native American Tribal Document.
    Information of Services for Individuals with Disabilities: For 
information on facilities or services for individuals with 
disabilities, or to request special assistance at the meeting, contact 
Mike Miron at HSAC@hq.dhs.gov or (202) 447-3135 as soon as possible.

    Dated: December 31, 2015.
Sarah E. Morgenthau,
Executive Director, Homeland Security Advisory Council, DHS.
[FR Doc. 2016-00041 Filed 1-6-16; 8:45 am]
BILLING CODE 9110-9M-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.