Notice of Issuance of Final Determination Concerning Roasted Coffee, 55387-55388 [2017-25146]
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
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18:56 Nov 20, 2017
Jkt 244001
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Information Management.
[FR Doc. 2017–25155 Filed 11–20–17; 8:45 am]
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PO 00000
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Sfmt 4703
55387
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Notice of Issuance of Final
Determination Concerning Roasted
Coffee
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
AGENCY:
This document provides
notice that U.S. Customs and Border
Protection (‘‘CBP’’) has issued a final
determination concerning the country of
origin of roasted coffee. Based upon the
facts presented, CBP has concluded in
the final determination that Canada or
the United States, i.e., the country
where the raw green coffee beans are
roasted, is the country of origin of the
roasted coffee for purposes of U.S.
Government procurement.
DATES: The final determination was
issued on November 15, 2017. A copy
of the final determination is attached.
Any party-at-interest, as defined in 19
CFR 177.22(d), may seek judicial review
of this final determination within
December 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Cynthia Reese, Valuation and Special
Programs Branch, Regulations and
Rulings, Office of Trade (202–325–
0046).
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on November 15,
2017, CBP issued a final determination
concerning the country of origin of
roasted coffee which may be offered to
the United States Government under an
undesignated government procurement
contract. This final determination, HQ
H291135, was issued at the request of
Keurig Green Mountain, under
procedures set forth at 19 CFR part 177,
subpart B, which implements Title III of
the Trade Agreements Act of 1979, as
amended (19 U.S.C. 2511–18). In the
final determination, CBP has concluded
that, based upon the facts presented, the
roasting of raw green coffee beans
substantially transforms the coffee beans
into a product of the country where the
raw green coffee beans are roasted, i.e.
Canada or the United States, for
purposes of U.S. Government
procurement.
Section 177.29, CBP Regulations (19
CFR 177.29), provides that notice of
final determinations shall be published
in the Federal Register within 60 days
of the date the final determination is
issued. Section 177.30, CBP Regulations
(19 CFR 177.30), provides that any
party-at-interest, as defined in 19 CFR
SUMMARY:
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55388
Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices
177.22(d), may seek judicial review of a
final determination within 30 days of
publication of such determination in the
Federal Register.
Dated: November 15, 2017,
Alice A. Kipel,
Executive Director, Regulations and Rulings,
Office of Trade.
HQ H291135
November 15, 2017
OT:RR:CTF:VS H291135 CMR
CATEGORY: Origin
Marian E. Ladner, Esq.
Ladner & Associates PC
420 Heights Boulevard
Houston, TX 77007
RE: U.S. Government Procurement; Title
III, Trade Agreements Act of 1979 (19
U.S.C. 2511); subpart B, Part 177, CBP
Regulations; Roasted Coffee
Dear Ms. Ladner:
This is in response to your request of
September 29, 2017, on behalf of your
client, Keurig Green Mountain
(‘‘Keurig’’), requesting a final
determination concerning roasted coffee
for purposes of government
procurement under Title III of the Trade
Agreements Act of 1979 (TAA), as
amended (19 U.S.C. 2511 et seq.). This
final determination concerns the
country of origin of roasted coffee
produced from raw green coffee beans
roasted in Canada or the United States.
As an importer of this merchandise,
Keurig is a party-at-interest within the
meaning of 19 CFR 177.23(a) and is
entitled to request this final
determination.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
FACTS:
The coffee will be produced from raw
green coffee beans imported into either
Canada or the United States. The green
coffee beans will either be in their
natural caffeinated state or
decaffeinated. The decaffeination of the
beans is a separate process occurring in
a country on the Designated Country list
in 48 CFR 52.225–5(a) prior to
importation into Canada or the United
States. Once imported, the green beans,
caffeinated and decaffeinated, undergo a
roasting and packaging process. Keurig
cleans, blends and roasts the beans. A
small percentage of beans are sprayed
with flavoring ingredients. After the
roasting and flavoring processes are
complete, Keurig grinds, degasses and
packages the coffee beans for sale. All of
the processes after receipt of the green
beans, caffeinated or decaffeinated,
occur in the country of receipt, i.e.,
Canada or the United States. We note,
VerDate Sep<11>2014
18:56 Nov 20, 2017
Jkt 244001
in some cases the coffee will remain in
bean form.
ISSUE:
Whether the raw green coffee beans
are substantially transformed by the
roasting process for purposes of United
States Government procurement.
LAW AND ANALYSIS:
U.S. Customs and Border Protection
(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 purpose of
granting waivers of certain ‘‘Buy
American’’ restrictions in United States
law or practice for products offered for
sale to the United States Government,
pursuant to subpart B of Part 177, 19
CFR 177.21 et seq., which implements
Title III, Trade Agreements Act of 1979,
as amended (19 U.S.C. 2511–2518).
The rule of origin set forth in 19
U.S.C. 2518(4)(B) states:
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
United States Government procurement,
CBP applies the provisions of subpart B
of Part 177 consistent with the Federal
Procurement 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.
See 48 CFR 25.003.
For more than 30 years, CBP has
recognized that roasting green coffee
beans substantially transforms the beans
into a new and different article of
commerce. See Headquarters Ruling
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
Letter (HQ) 733563, dated June 24, 1991,
citing HQ 070395, dated June 6, 1983;
HQ 722980, dated October 17, 1983; HQ
722360, dated June 6, 1984; and, HQ
725641, dated July 25, 1984. These
rulings from 1983 and 1984 concluded
that roasting, or roasting and blending,
of coffee was sufficient to change its
character and use and thus effect a
substantial transformation. Based on
this long held position, depending on
where the coffee beans are roasted, the
roasting of the green coffee beans
substantially transforms the coffee beans
into either a product of Canada, or a
product of the United States, for
purposes of government procurement.
As the decaffeination occurs prior to
the roasting of the green beans, we see
no need to address it. In addition, as all
of the other processing, i.e., flavoring,
grinding, degassing and packaging,
occur in the same country as roasting,
there is no need to address these
additional processes. The resulting
roasted coffee, ground or in bean form,
is a product of Canada or the United
States.
HOLDING:
Based on the facts and analysis set
forth above, for United States
Government procurement purposes, the
country of origin of the roasted coffee,
in ground or bean form, is the country
where the raw green coffee beans are
roasted, i.e., Canada or the United
States.
Notice of this final determination will
be given in the Federal Register, as
required by 19 CFR 177.29. Any partyat-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 partyat-interest 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. 2017–25146 Filed 11–20–17; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6065–N–01]
The Performance Review Board
AGENCY:
Office of the Deputy Secretary,
HUD.
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Agencies
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55387-55388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25146]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Issuance of Final Determination Concerning Roasted
Coffee
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
-----------------------------------------------------------------------
SUMMARY: This document provides notice that U.S. Customs and Border
Protection (``CBP'') has issued a final determination concerning the
country of origin of roasted coffee. Based upon the facts presented,
CBP has concluded in the final determination that Canada or the United
States, i.e., the country where the raw green coffee beans are roasted,
is the country of origin of the roasted coffee for purposes of U.S.
Government procurement.
DATES: The final determination was issued on November 15, 2017. A copy
of the final determination is attached. Any party-at-interest, as
defined in 19 CFR 177.22(d), may seek judicial review of this final
determination within December 21, 2017.
FOR FURTHER INFORMATION CONTACT: Cynthia Reese, Valuation and Special
Programs Branch, Regulations and Rulings, Office of Trade (202-325-
0046).
SUPPLEMENTARY INFORMATION: Notice is hereby given that on November 15,
2017, CBP issued a final determination concerning the country of origin
of roasted coffee which may be offered to the United States Government
under an undesignated government procurement contract. This final
determination, HQ H291135, was issued at the request of Keurig Green
Mountain, under procedures set forth at 19 CFR part 177, subpart B,
which implements Title III of the Trade Agreements Act of 1979, as
amended (19 U.S.C. 2511-18). In the final determination, CBP has
concluded that, based upon the facts presented, the roasting of raw
green coffee beans substantially transforms the coffee beans into a
product of the country where the raw green coffee beans are roasted,
i.e. Canada or the United States, for purposes of U.S. Government
procurement.
Section 177.29, CBP Regulations (19 CFR 177.29), provides that
notice of final determinations shall be published in the Federal
Register within 60 days of the date the final determination is issued.
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any
party-at-interest, as defined in 19 CFR
[[Page 55388]]
177.22(d), may seek judicial review of a final determination within 30
days of publication of such determination in the Federal Register.
Dated: November 15, 2017,
Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.
HQ H291135
November 15, 2017
OT:RR:CTF:VS H291135 CMR
CATEGORY: Origin
Marian E. Ladner, Esq.
Ladner & Associates PC
420 Heights Boulevard
Houston, TX 77007
RE: U.S. Government Procurement; Title III, Trade Agreements Act of
1979 (19 U.S.C. 2511); subpart B, Part 177, CBP Regulations; Roasted
Coffee
Dear Ms. Ladner:
This is in response to your request of September 29, 2017, on
behalf of your client, Keurig Green Mountain (``Keurig''), requesting a
final determination concerning roasted coffee for purposes of
government procurement under Title III of the Trade Agreements Act of
1979 (TAA), as amended (19 U.S.C. 2511 et seq.). This final
determination concerns the country of origin of roasted coffee produced
from raw green coffee beans roasted in Canada or the United States. As
an importer of this merchandise, Keurig is a party-at-interest within
the meaning of 19 CFR 177.23(a) and is entitled to request this final
determination.
FACTS:
The coffee will be produced from raw green coffee beans imported
into either Canada or the United States. The green coffee beans will
either be in their natural caffeinated state or decaffeinated. The
decaffeination of the beans is a separate process occurring in a
country on the Designated Country list in 48 CFR 52.225-5(a) prior to
importation into Canada or the United States. Once imported, the green
beans, caffeinated and decaffeinated, undergo a roasting and packaging
process. Keurig cleans, blends and roasts the beans. A small percentage
of beans are sprayed with flavoring ingredients. After the roasting and
flavoring processes are complete, Keurig grinds, degasses and packages
the coffee beans for sale. All of the processes after receipt of the
green beans, caffeinated or decaffeinated, occur in the country of
receipt, i.e., Canada or the United States. We note, in some cases the
coffee will remain in bean form.
ISSUE:
Whether the raw green coffee beans are substantially transformed by
the roasting process for purposes of United States Government
procurement.
LAW AND ANALYSIS:
U.S. Customs and Border Protection (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 purpose of granting waivers of certain ``Buy American''
restrictions in United States law or practice for products offered for
sale to the United States Government, pursuant to subpart B of Part
177, 19 CFR 177.21 et seq., which implements Title III, Trade
Agreements Act of 1979, as amended (19 U.S.C. 2511-2518).
The rule of origin set forth in 19 U.S.C. 2518(4)(B) states:
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 United States Government procurement, CBP applies the provisions of
subpart B of Part 177 consistent with the Federal Procurement
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.
See 48 CFR 25.003.
For more than 30 years, CBP has recognized that roasting green
coffee beans substantially transforms the beans into a new and
different article of commerce. See Headquarters Ruling Letter (HQ)
733563, dated June 24, 1991, citing HQ 070395, dated June 6, 1983; HQ
722980, dated October 17, 1983; HQ 722360, dated June 6, 1984; and, HQ
725641, dated July 25, 1984. These rulings from 1983 and 1984 concluded
that roasting, or roasting and blending, of coffee was sufficient to
change its character and use and thus effect a substantial
transformation. Based on this long held position, depending on where
the coffee beans are roasted, the roasting of the green coffee beans
substantially transforms the coffee beans into either a product of
Canada, or a product of the United States, for purposes of government
procurement.
As the decaffeination occurs prior to the roasting of the green
beans, we see no need to address it. In addition, as all of the other
processing, i.e., flavoring, grinding, degassing and packaging, occur
in the same country as roasting, there is no need to address these
additional processes. The resulting roasted coffee, ground or in bean
form, is a product of Canada or the United States.
HOLDING:
Based on the facts and analysis set forth above, for United States
Government procurement purposes, the country of origin of the roasted
coffee, in ground or bean form, is the country where the raw green
coffee beans are roasted, i.e., Canada or 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-at-
interest 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. 2017-25146 Filed 11-20-17; 8:45 am]
BILLING CODE 9111-14-P