Agency Information Collection Activities: General Declaration, 13463-13464 [2017-04899]

Download as PDF Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices • Removing the excess laminate from the work surface and keyboard tray • Removing the excess glue from the bottom of the work surface and keyboard tray • Printing the Ergotron logo onto work surface • Attaching the work surface and keyboard tray to the lift mechanism of Chinese origin. mstockstill on DSK3G9T082PROD with NOTICES ISSUE: What is the country of origin of the WorkFit-TL Sit-Stand Desktop Workstation for the purposes of U.S. Government procurement? LAW AND ANALYSIS: Pursuant to subpart B of Part 177, 19 CFR 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 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 rendering advisory rulings and final determinations for purposes of U.S. Government procurement, CBP applies the provisions of subpart B of Part 177 consistent with Federal Acquisition Regulations. See 19 CFR 177.21. In this regard, CBP recognizes that the Federal Acquisition Regulations restrict the U.S. Government’s purchase of products to U.S.-made or designated country end products for acquisitions subject to the TAA. See 48 CFR 25.403(c)(1). The Federal Acquisition Regulations define ‘‘U.S.-made end product’’ as: . . . an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States 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 transformed. 48 CFR 25.003. In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, 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 CIT 204 (1983), aff’d, 741 F.2d 1368 (Fed. Cir. 1984). The country of origin of the item’s components, extent of the processing that occurs within a country, and whether such processing VerDate Sep<11>2014 17:49 Mar 10, 2017 Jkt 241001 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, extent and nature of postassembly inspection and testing procedures, and the degree of skill required during the actual manufacturing process may be relevant when determining whether a substantial transformation has occurred. No one factor is determinative. In Carlson Furniture Industries v. United States, 65 Cust. Ct. 474 (1970), the U.S. Customs Court ruled that U.S. operations on imported chair parts constituted a substantial transformation, resulting in the creation of a new article of commerce. After importation, the importer assembled, fitted, and glued the wooden parts together, inserted steel pins into the key joints, cut the legs to length and leveled them, and in some instances, upholstered the chairs and fitted the legs with glides and casters. The court determined that the importer had to perform additional work on the imported chair parts and add materials to create a functional article of commerce. The court found that the operations were substantial in nature, and more than the mere assembly of the parts together. In HQ 561258, dated April 15, 1999, CBP determined that the assembly of numerous imported workstation components with the U.S.-origin work surface, which was the essential and largest component of the workstation, into finished workstations constituted a substantial transformation. CBP held that the imported components lost their identity as leg brackets, drawer units, panels etc. when they were assembled together to form a workstation. In HQ H083693, dated March 23, 2010, CBP held that a certain wood chest assembled in the United States was a product of the United States for purposes of U.S. government procurement. The wood chest was assembled from over twenty U.S. and foreign components. Of the total cost of production, 40 percent was attributable to materials of U.S. origin, U.S. warehouse overhead and U.S. labor costs (including overhead). CBP held that the components that were used to manufacture the wood chest, when combined with a U.S. origin laminate top, were substantially transformed as a result of the assembly operations performed in the United States. See also HQ 731676, dated June 22, 1989, (unfinished mahogany table legs and rails from the Philippines were substantially transformed in the United States when assembled into a table base with a U.S. origin wood veneered top). In the instant case, the lift assembly, manufactured in China, is assembled in the United States with laminated particle board work surface and keyboard tray, right and left keyboard support brackets, and metal support bar which are fabricated in the United States by Ergotron. The processes that occur in the United States include sawing, profiling, sanding, hot-pressing and trimming to manufacture the work surface and keyboard tray as well as laser-cutting, bending and painting of the sheet metal components followed by final assembly of the U.S. origin and the imported PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 13463 components. Based on the facts provided and consistent with the CBP rulings cited above, we find that the imported lift assembly is substantially transformed as a result of the assembly performed in the United States to produce the finished WorkFit-TL Sit-Stand Desktop Workstation. In support of this conclusion, we agree that the lift assembly is not functional to an end user by itself as it does not include the primary features of the U.S. origin work surface and keyboard tray which allow the work to be conducted, and without which, the lifting mechanism is incapable of being used as a workstation. Accordingly, we find that the country of origin of the WorkFit-TL Sit-Stand Desktop Workstation for purposes of U.S. Government procurement is the United States. HOLDING: The country of origin of the WorkFit-TL Sit-Stand Desktop Workstation for government procurement purposes is the United States. 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 after 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 and Rulings, Office of Trade [FR Doc. 2017–04806 Filed 3–10–17; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651–0002] Agency Information Collection Activities: General Declaration U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 60-Day notice and request for comments; extension of an existing collection of information. AGENCY: U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: General Declaration (CBP Form 7507). CBP is proposing that this information collection be extended with no change to the burden hours or to the SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1 mstockstill on DSK3G9T082PROD with NOTICES 13464 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices information collected. This document is published to obtain comments from the public and affected agencies. DATES: Written comments should be received on or before May 12, 2017 to be assured of consideration. ADDRESSES: All submissions received must include the OMB Control Number 1651–0002 in the subject line and the agency name. To avoid duplicate submissions, please use only one of the following methods to submit comments: (1) Email: Submit comments to: CBP_ PRA@cbp.dhs.gov. The email should include the OMB Control Number in the subject line. (2) Mail: Submit written comments to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Washington, DC 20229–1177. FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229– 1177, or via email CBP_PRA@ cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877–227–5511, (TTY) 1–800–877– 8339, or CBP Web site at www.cbp. gov/. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for OMB VerDate Sep<11>2014 17:49 Mar 10, 2017 Jkt 241001 approval. All comments will become a matter of public record. In this document, CBP is soliciting comments concerning the following information collection: Title: General Declaration (Outward/ Inward) Agriculture, Customs, Immigration, and Public Health. OMB Number: 1651–0002. Form Number: Form 7507. Abstract: An aircraft commander or agent must file CBP Form 7507, General Declaration (Outward/Inward) Agriculture, Customs, Immigration, and Public Health at the time of arrival for all aircraft required to enter pursuant to 19 CFR 122.41 and at the time of clearance for all aircraft departing to a foreign area with commercial airport cargo pursuant to 19 CFR 122.72. This form is used to document clearance and inspections by appropriate regulatory agency staffs. CBP Form 7507 collects information about the flight routing, the numbers of passengers embarking and disembarking, the number of crew members, a declaration of health for the persons on board, and details about disinfecting and sanitizing treatments during the flight. This form also includes a declaration attesting to the accuracy, completeness, and truthfulness of all statements contained in the form and in any document attached to the form. CBP Form 7507 is authorized by 19 U.S.C. 1431, 1433, and 1644a; and provided for by 19 CFR 122.43, 122.54, 122.73, and 122.144. This form is accessible at: http://www.cbp.gov/sites/ default/files/documents/ CBP%20Form%207507.pdf. Action: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to CBP Forms 7507. Type of Review: Extension (without change). Affected Public: Businesses. Estimated Number of Respondents: 500. Estimated Number of Total Annual Responses: 1,000,000. Estimated Time per Response: 5 minutes. Estimated Annual Burden Hours: 83,300. Dated: March 8, 2017. Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. [FR Doc. 2017–04899 Filed 3–10–17; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651–0033] Agency Information Collection Activities: Bonded Warehouse Proprietor’s Submission U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 60-Day notice and request for comments; extension of an existing collection of information. AGENCY: U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Bonded Warehouse Proprietor’s Submission (CBP Form 300). CBP is proposing that this information collection be extended with a reduction to the burden hours. No change has been made to the information collected. This document is published to obtain comments from the public and affected agencies. DATES: Written comments should be received on or before May 12, 2017 to be assured of consideration. ADDRESSES: All submissions received must include the OMB Control Number 1651–0033 in the subject line and the agency name. To avoid duplicate submissions, please use only one of the following methods to submit comments: (1) Email: Submit comments to: (CBP_ PRA@cbp.dhs.gov). The email should include the OMB Control number in the subject line. (2) Mail: Submit written comments to CBP PRA Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 10th Floor, 90 K St. NE., Washington, DC 20229–1177. FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229– 1177, or via email (CBP_PRA@ cbp.dhs.gov). Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877–227–5511, (TTY) 1–800–877–8339, or CBP Web site at SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Notices]
[Pages 13463-13464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04899]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[1651-0002]


Agency Information Collection Activities: General Declaration

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: 60-Day notice and request for comments; extension of an 
existing collection of information.

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SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of 
Homeland Security (DHS) will be submitting the following information 
collection request to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act: 
General Declaration (CBP Form 7507). CBP is proposing that this 
information collection be extended with no change to the burden hours 
or to the

[[Page 13464]]

information collected. This document is published to obtain comments 
from the public and affected agencies.

DATES: Written comments should be received on or before May 12, 2017 to 
be assured of consideration.

ADDRESSES: All submissions received must include the OMB Control Number 
1651-0002 in the subject line and the agency name. To avoid duplicate 
submissions, please use only one of the following methods to submit 
comments:
    (1) Email: Submit comments to: CBP_PRA@cbp.dhs.gov. The email 
should include the OMB Control Number in the subject line.
    (2) Mail: Submit written comments to CBP Paperwork Reduction Act 
Officer, U.S. Customs and Border Protection, Office of Trade, 
Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street 
NE., 10th Washington, DC 20229-1177.

FOR FURTHER INFORMATION CONTACT: Requests for additional PRA 
information should be directed to CBP Paperwork Reduction Act Officer, 
U.S. Customs and Border Protection, Office of Trade, Regulations and 
Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, 
Washington, DC 20229-1177, or via email CBP_PRA@cbp.dhs.gov. Please 
note that the contact information provided here is solely for questions 
regarding this notice. Individuals seeking information about other CBP 
programs should contact the CBP National Customer Service Center at 
877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at www.cbp.gov/ gov/.

SUPPLEMENTARY INFORMATION: CBP invites the general public and other 
Federal agencies to comment on proposed and/or continuing information 
collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). The comments should address: (a) Whether the collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimates of the burden of 
the collection of information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; (d) ways to 
minimize the burden including the use of automated collection 
techniques or the use of other forms of information technology; and (e) 
the annual cost burden to respondents or record keepers from the 
collection of information (total capital/startup costs and operations 
and maintenance costs). The comments that are submitted will be 
summarized and included in the CBP request for OMB approval. All 
comments will become a matter of public record. In this document, CBP 
is soliciting comments concerning the following information collection:
    Title: General Declaration (Outward/Inward) Agriculture, Customs, 
Immigration, and Public Health.
    OMB Number: 1651-0002.
    Form Number: Form 7507.
    Abstract: An aircraft commander or agent must file CBP Form 7507, 
General Declaration (Outward/Inward) Agriculture, Customs, Immigration, 
and Public Health at the time of arrival for all aircraft required to 
enter pursuant to 19 CFR 122.41 and at the time of clearance for all 
aircraft departing to a foreign area with commercial airport cargo 
pursuant to 19 CFR 122.72. This form is used to document clearance and 
inspections by appropriate regulatory agency staffs. CBP Form 7507 
collects information about the flight routing, the numbers of 
passengers embarking and disembarking, the number of crew members, a 
declaration of health for the persons on board, and details about 
disinfecting and sanitizing treatments during the flight. This form 
also includes a declaration attesting to the accuracy, completeness, 
and truthfulness of all statements contained in the form and in any 
document attached to the form.
    CBP Form 7507 is authorized by 19 U.S.C. 1431, 1433, and 1644a; and 
provided for by 19 CFR 122.43, 122.54, 122.73, and 122.144. This form 
is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%207507.pdf.
    Action: CBP proposes to extend the expiration date of this 
information collection with no change to the burden hours or to CBP 
Forms 7507.
    Type of Review: Extension (without change).
    Affected Public: Businesses.
    Estimated Number of Respondents: 500.
    Estimated Number of Total Annual Responses: 1,000,000.
    Estimated Time per Response: 5 minutes.
    Estimated Annual Burden Hours: 83,300.

    Dated: March 8, 2017.
Seth Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2017-04899 Filed 3-10-17; 8:45 am]
BILLING CODE 9111-14-P