North Carolina; Amendment No. 10 to Notice of a Major Disaster Declaration, 79043 [2016-27128]
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Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices
substantial transformation has occurred. No
one factor is determinative.
The Court of International Trade has also
applied the ‘‘essence test’’ to determine
whether the identity of an article is changed
through assembly or processing. For
example, in Uniroyal, Inc. v. United States,
3 CIT 220, 225, 542 F. Supp. 1026, 1030
(1982), aff’d 702 F.2d 1022 (Fed. Cir. 1983),
the court held that imported shoe uppers
added to an outer sole in the United States
were the ‘‘very essence of the finished shoe’’
and thus were not substantially transformed
into a product of the United States. Similarly,
in National Juice Products Association v.
United States, 10 CIT 48, 61, 628 F. Supp.
978, 991 (1986), the court held that imported
orange juice concentrate ‘‘imparts the
essential character’’ to the completed orange
juice and thus was not substantially
transformed into a product of the United
States.
In Headquarters Ruling (‘‘HQ’’) H270580,
dated May 10, 2016, we considered whether
a substantial transformation occurred when
Johnson, the importer here, assembled ‘‘G3
Dip’’ and ‘‘G3 Back Extension’’ exercise
machines in the United States. As in this
case, Johnson proposed two different
assembly scenarios. Under Scenario One,
which applied to both machines, we held
that although nearly all the parts were of
Chinese origin, the extent of U.S. assembly
operations was sufficiently complex and
meaningful to result in a substantial
transformation. Specifically, the assembly
involved U.S. workers welding nine separate
subassemblies with 49 seams for the ‘‘G3
Dip’’ and three separate subassemblies with
22 seams for the ‘‘G3 Back Extension.’’ In
addition to the welding, U.S. workers also
cleaned and degreased parts, ground down
and painted the frame, and sprayed the frame
with clear coat. The 200 to 500 parts that
comprise the final products were then
assembled in a process involving fastening
hardware; adding rubber grips; capping off
tube ends; positioning pulleys; adding
weights, cables, or belts; and placing warning
placards. We found that a substantial
transformation had occurred because the
assembly operations caused the individual
parts to lose their separate identities and to
become integral components of a product
with a new name, character, and use.
However, under Scenario Two in HQ
H270580, which applied only to the ‘‘G3
Dip,’’ three of the nine subassemblies were
imported from China as pre-assembled
components. Under Uniroyal, 3 CIT 220,
these critical components together imparted
the ‘‘very essence’’ of the finished product.
The processing in the United States thus did
not result in a substantial transformation in
Scenario Two. See also National Juice Prods.
Ass’n, 10 CIT 48.
Similarly, in HQ 733188, dated July 5,
1990, we held that no substantial
transformation occurred when Venezuelan
exercise benches and boards were assembled
in the United States. The Venezuelan metal
frames as imported were essentially
complete, and the U.S. assembly consisted
primarily of attaching the cushions and
minor parts. Further, no machining was done
in the United States and no specialized
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training, skill, or equipment was required to
assemble the exercise equipment. CBP thus
held that no substantial transformation
occurred in the United States.
Here, although nearly all the parts will be
of Chinese origin, the extent of U.S. or
Taiwanese assembly operations is
sufficiently complex and meaningful to result
in a substantial transformation in both
scenarios. Unlike the exercise equipment at
issue in HQ 733188, the treadmill parts will
not be essentially complete when they are
imported into either the United States or
Taiwan for assembly. To the contrary, they
will require substantial additional work to
create a functional treadmill. Most
importantly, U.S. or Taiwanese workers will
need to weld a total of 27 seams to create the
three major subassemblies (the treadmill
base, the console frame, and the console
mast) that comprise the finished treadmill.
The additional assembly steps, which
involve approximately 466 individual parts
and ‘‘connecting, lining up, adjusting and
bolting frames, tightening and torqueing
frame bolts, attaching motors, installing
power switches, wiring, pulleys and filters,’’
are similar in scope and complexity to those
that we found sufficient to effect a substantial
transformation under Scenario One in HQ
H270580. Under these circumstances, the
Matrix® T3xe’s country of origin for purposes
of government procurement is the United
States under Scenario One and Taiwan under
Scenario Two.
Holding
The finished treadmill’s country of origin
for purposes of government procurement is
the United States under Scenario One and
Taiwan under Scenario Two.
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,
Alice A. Kipel,
Executive Director, Regulations & Rulings,
Office of Trade.
[FR Doc. 2016–27159 Filed 11–9–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
ACTION:
Notice.
This notice amends the notice
of a major disaster declaration for the
State of North Carolina (FEMA–4285–
DR), dated October 10, 2016, and related
determinations.
SUMMARY:
DATES:
Effective Date: October 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
The notice
of a major disaster declaration for the
State of North Carolina is hereby
amended to include the following areas
among those areas determined to have
been adversely affected by the event
declared a major disaster by the
President in his declaration of October
10, 2016.
SUPPLEMENTARY INFORMATION:
Brunswick County for Individual
Assistance (already designated for assistance
for debris removal and emergency protective
measures [Categories A and B], including
direct federal assistance, under the Public
Assistance program)
Halifax County for Individual Assistance
and assistance for assistance for debris
removal and emergency protective measures
(Categories A and B), including direct federal
assistance, under the Public Assistance
program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2016–27128 Filed 11–9–16; 8:45 am]
BILLING CODE 9111–23–P
[Internal Agency Docket No. FEMA–4285–
DR; Docket ID FEMA–2016–0001]
North Carolina; Amendment No. 10 to
Notice of a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
AGENCY:
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[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Page 79043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27128]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001]
North Carolina; Amendment No. 10 to Notice of a Major Disaster
Declaration
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016,
and related determinations.
DATES: Effective Date: October 31, 2016.
FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-2833.
SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 10, 2016.
Brunswick County for Individual Assistance (already designated
for assistance for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public Assistance program)
Halifax County for Individual Assistance and assistance for
assistance for debris removal and emergency protective measures
(Categories A and B), including direct federal assistance, under the
Public Assistance program.
The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-27128 Filed 11-9-16; 8:45 am]
BILLING CODE 9111-23-P
