Notice of Domestic Interested Party Petitioner's Notice of Desire To Contest the Tariff Classification Determination of Certain Steel Tube Fittings, 2168-2169 [2018-00577]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[USCBP–2018–0001]
Notice of Domestic Interested Party
Petitioner’s Notice of Desire To
Contest the Tariff Classification
Determination of Certain Steel Tube
Fittings
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of petitioner’s notice of
desire to contest classification
determination.
AGENCY:
This document provides
notice that a domestic interested party
has filed a timely notice of its desire to
contest a U.S. Customs and Border
Protection decision regarding the
classification of certain imported steel
tube fittings.
DATES: January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Dwayne S. Rawlings, Tariff
Classification and Marking Branch,
Regulations and Rulings, Office of
Trade, U.S. Customs and Border
Protection at (202) 325–0092.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This document concerns the tariff
classification of certain steel tube
fittings by U.S. Customs and Border
Protection (CBP) and the desire of a
domestic interested party to contest
CBP’s classification decision.
daltland on DSKBBV9HB2PROD with NOTICES
Classification of Steel Tube Fittings
Merchandise imported into the
customs territory of the United States is
classified under the Harmonized Tariff
Schedule of the United States (HTSUS).
The tariff classification of merchandise
under the HTSUS is governed by the
principles set forth in the General Rules
of Interpretation (GRIs) and, in the
absence of special language or context
which otherwise requires, by the
Additional U.S. Rules of Interpretation.
The GRIs and the Additional U.S. Rules
of Interpretation are part of the HTSUS
and are to be considered statutory
provisions of law for all purposes. See
Section 1204 of the Omnibus Trade and
Competitiveness Act of 1988, Public
Law 100–418 (August 23, 1988); 19
U.S.C. 3004(c).
GRI 1 requires that classification be
determined first according to the terms
of the headings of the tariff schedule
and any relative section or chapter notes
and, provided such headings or notes do
VerDate Sep<11>2014
22:48 Jan 12, 2018
Jkt 244001
not otherwise require, then according to
the other GRIs. See GRI 1, HTSUS
(2017).
GRI 6 prescribes that, for legal
purposes, the classification of goods in
the subheadings of a heading shall be
determined according to the terms of
those subheadings and any related
subheading notes and, mutatis
mutandis, according to GRIs 1 to 5, on
the understanding that only
subheadings at the same level are
comparable. See GRI 6, HTSUS (2017).
The Explanatory Notes to the
Harmonized Commodity Description
and Coding System (‘‘Harmonized
System’’) represent the official
interpretation of the World Customs
Organization (established in 1952 as the
‘‘Customs Cooperation Council’’) on the
scope of each heading. See H.R. Conf.
Rep. No. 100–576, 100th Cong., 2d Sess.
549 (1988), reprinted in 1988
U.S.C.C.A.N. 1547, 1582; Treasury
Decision (T.D.) 89–80, 54 FR 35127,
35128 (August 23, 1989). Although not
binding on the contracting parties to the
Harmonized System Convention or
considered to be dispositive in the
interpretation of the Harmonized
System, it is CBP’s position that the
Explanatory Notes should be consulted
on the proper scope of the Harmonized
System. T.D. 89–80, 54 FR at 35128.
In New York ruling letter (NY)
E83408, dated July 8, 1999, a steel tube
fitting from Taiwan is described as
‘‘. . . a cold forged nonalloy steel male
threaded connector body having a
center hex nut, one flare tube end and
one male pipe end. These tube fittings
connect a piece of rigid tubing to a
valve, manifold or another piece of rigid
tubing in a hydraulic system.’’ The U.S.
Customs Service (U.S. Customs and
Border Protection’s predecessor agency)
classified the steel tube fitting in
subheading 7307.99.50, HTSUS (1999),
which provides for ‘‘Tube or pipe
fittings (for example couplings, elbows,
sleeves), of iron or steel: Other: Other:
Other.’’ In 1999, the column one,
general rate of duty for subheading
7307.99.50, HTSUS, was 4.3 percent ad
valorem.
Filing of Domestic Interested Party
Petition
On October 29, 2014, counsel filed a
petition on behalf of Brennan Industries,
Inc. (‘‘Petitioner’’), under section 516,
Tariff Act of 1930, as amended (19
U.S.C. 1516), requesting that CBP
reclassify the articles under
consideration (and as described in NY
E83408) in subheading 8412.90.90,
HTSUS (2014), which provides for
‘‘Other engines and motors, and parts
thereof: Parts: Other.’’ The column one,
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
general rate of duty for subheading
8412.90.90, HTSUS, in 1999, 2014 and
today is free.
On February 9, 2016, CBP published
a Notice of Receipt of a Domestic
Interested Party Petition in the Federal
Register (81 FR 6880). The notice
invited written comments on the
petition from interested parties. The
comment period closed on April 11,
2016. One comment was timely received
in response to this notice, which was
submitted by the Petitioner. The
comment reiterated the Petitioner’s
position that the merchandise is
classified in subheading 8412.90.90,
HTSUS, as other parts of other engines
and motors.
Decision on Petition and Notice of
Petitioner’s Desire To Contest
In HQ ruling letter H259349, dated
October 5, 2016 (a copy of this ruling
can be found online at https://
www.regulations.gov under Docket No.
USCBP–2016–0007), CBP denied the
domestic party petition and affirmed the
classification determination set forth in
the previously issued ruling letter (i.e.,
NY E83408). Consistent with the
determination in NY E83408, CBP
determined in H259349 that the articles
at issue are parts of general use of
heading 7307, HTSUS, as defined by
Note 2 to Section XV. Accordingly,
these parts are excluded from Section
XVI of the HTSUS because, by operation
of Note 1(g) to Section XVI, a good
cannot be a part of general use of
Section XV and also be prima facie
classifiable as a part in Section XVI.
In HQ H259349, CBP also notified the
Petitioner of its right to contest the
decision by filing a notice with CBP
indicating its desire to contest the
decision, and that the notice must be
filed not later than thirty days from the
date of issuance of the ruling letter,
pursuant to 19 U.S.C. 1516(c) and
§ 175.23, CBP Regulations (19 CFR
175.23).
By letter dated November 2, 2016, the
Petitioner filed a timely notice under 19
U.S.C. 1516(c) and 19 CFR 175.23 of its
desire to contest CBP’s decision in HQ
H259349 regarding the classification of
the steel tube fittings under
consideration. The Petitioner has
designated, under 19 U.S.C. 1516(c) and
19 CFR 175.23, eight (8) ports of entry
where Petitioner believes that
merchandise of the kind covered by the
petition is being imported into the
United States, and at which the
Petitioner desires to protest. The ports
of entry are as follows:
• Seattle, WA
• Tacoma, WA
• Long Beach, CA
E:\FR\FM\16JAN1.SGM
16JAN1
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
•
•
•
•
•
Los Angeles, CA
New York, NY
Savannah, GA
Houston, TX
Charleston, SC
Upon application by the Petitioner to
any of the Port Directors of the ports
listed above, the Port Director(s) shall
make available to the Petitioner
information on merchandise of the kind
covered by the petition (as described in
NY E83408) entered after the date of
publication of this notice in order that
the petitioner may determine whether
the entry presented raises the issue
involved in the petition. See 19 U.S.C.
1516(c); 19 CFR 175.25. By this notice,
Port Directors at these ports are directed
to notify the Petitioner by mail when the
first of such entries is liquidated. See 19
U.S.C. 1516(c) and 19 CFR 175.25(b).
Authority
This notice is published in
accordance with 19 U.S.C. 1516(c) and
§§ 175.23 and 175.24 of the CBP
Regulations (19 CFR 175.23–24).
A. Overview of Information Collection
Dated: January 10, 2018.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2018–00577 Filed 1–12–18; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5997–N–85]
30-Day Notice of Proposed Information
Collection: FHA-Insured Mortgage
Loan Servicing of Delinquent, Default
and Foreclosure With Service
Members Act
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD submitted the proposed
information collection requirement
described below to the Office of
Management and Budget (OMB) for
review, in accordance with the
Paperwork Reduction Act. The purpose
of this notice is to allow for 30 days of
public comment.
DATES: Comments Due Date: February
15, 2018.
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:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:48 Jan 12, 2018
Jkt 244001
DC 20503; fax:202–395–5806, Email:
OIRA Submission@omb.eop.gov
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette.Pollard@hud.gov, or telephone
202–402–3400. This is not a toll-free
number. Person with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on September 12,
2017 at 82 FR 42831.
Title of Information Collection: FHAInsured Mortgage Loan Servicing of
Delinquent, Default and Foreclosure
with Service Members Act.
OMB Approval Number: 2502–0584.
Type of Request: Extension of a
currently approved collection.
Form Number:
HUD–2008–5—FHA Save Your Home
Tips to Avoid Foreclosure Brochure
HUD 9539—Request for Occupied
Conveyance
HUD 92070—Servicemembers Civil
Relief Act Notice Disclosure
HUD 92068–A—Monthly Delinquent
Loan Report
HUD–50012—Mortgagee’s Request for
Extensions of Time
Description of the need for the
information and proposed use: This
information collection covers the
mortgage loan servicing of FHA-insured
loans that are delinquent, in default or
in foreclosure. The data and information
provided is essential for managing
HUD’s programs and the FHA’s Mutual
Mortgage Insurance Fund (MMI).
Respondents (i.e. affected public):
Business or other for-profit.
Estimated Number of Respondents:
7806.
Estimated Number of Responses:
38,291,776.
Frequency of Response: On occasion.
Average Hours per Response: 7
minutes to 8 minutes.
Total Estimated Burdens:
3,984,411,694,068.48.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
2169
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond: Including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: December 20, 2017.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2018–00593 Filed 1–12–18; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6001–N–39]
60-Day Notice of Proposed Information
Collection: Budget-Based Rent
Increases
Office of Assistant Secretary for
Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of proposed information
collection.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
DATES:
Comments Due Date: March 19,
2018.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
ADDRESSES:
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2168-2169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00577]
[[Page 2168]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[USCBP-2018-0001]
Notice of Domestic Interested Party Petitioner's Notice of Desire
To Contest the Tariff Classification Determination of Certain Steel
Tube Fittings
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of petitioner's notice of desire to contest
classification determination.
-----------------------------------------------------------------------
SUMMARY: This document provides notice that a domestic interested party
has filed a timely notice of its desire to contest a U.S. Customs and
Border Protection decision regarding the classification of certain
imported steel tube fittings.
DATES: January 16, 2018.
FOR FURTHER INFORMATION CONTACT: Dwayne S. Rawlings, Tariff
Classification and Marking Branch, Regulations and Rulings, Office of
Trade, U.S. Customs and Border Protection at (202) 325-0092.
SUPPLEMENTARY INFORMATION:
Background
This document concerns the tariff classification of certain steel
tube fittings by U.S. Customs and Border Protection (CBP) and the
desire of a domestic interested party to contest CBP's classification
decision.
Classification of Steel Tube Fittings
Merchandise imported into the customs territory of the United
States is classified under the Harmonized Tariff Schedule of the United
States (HTSUS). The tariff classification of merchandise under the
HTSUS is governed by the principles set forth in the General Rules of
Interpretation (GRIs) and, in the absence of special language or
context which otherwise requires, by the Additional U.S. Rules of
Interpretation. The GRIs and the Additional U.S. Rules of
Interpretation are part of the HTSUS and are to be considered statutory
provisions of law for all purposes. See Section 1204 of the Omnibus
Trade and Competitiveness Act of 1988, Public Law 100-418 (August 23,
1988); 19 U.S.C. 3004(c).
GRI 1 requires that classification be determined first according to
the terms of the headings of the tariff schedule and any relative
section or chapter notes and, provided such headings or notes do not
otherwise require, then according to the other GRIs. See GRI 1, HTSUS
(2017).
GRI 6 prescribes that, for legal purposes, the classification of
goods in the subheadings of a heading shall be determined according to
the terms of those subheadings and any related subheading notes and,
mutatis mutandis, according to GRIs 1 to 5, on the understanding that
only subheadings at the same level are comparable. See GRI 6, HTSUS
(2017).
The Explanatory Notes to the Harmonized Commodity Description and
Coding System (``Harmonized System'') represent the official
interpretation of the World Customs Organization (established in 1952
as the ``Customs Cooperation Council'') on the scope of each heading.
See H.R. Conf. Rep. No. 100-576, 100th Cong., 2d Sess. 549 (1988),
reprinted in 1988 U.S.C.C.A.N. 1547, 1582; Treasury Decision (T.D.) 89-
80, 54 FR 35127, 35128 (August 23, 1989). Although not binding on the
contracting parties to the Harmonized System Convention or considered
to be dispositive in the interpretation of the Harmonized System, it is
CBP's position that the Explanatory Notes should be consulted on the
proper scope of the Harmonized System. T.D. 89-80, 54 FR at 35128.
In New York ruling letter (NY) E83408, dated July 8, 1999, a steel
tube fitting from Taiwan is described as ``. . . a cold forged nonalloy
steel male threaded connector body having a center hex nut, one flare
tube end and one male pipe end. These tube fittings connect a piece of
rigid tubing to a valve, manifold or another piece of rigid tubing in a
hydraulic system.'' The U.S. Customs Service (U.S. Customs and Border
Protection's predecessor agency) classified the steel tube fitting in
subheading 7307.99.50, HTSUS (1999), which provides for ``Tube or pipe
fittings (for example couplings, elbows, sleeves), of iron or steel:
Other: Other: Other.'' In 1999, the column one, general rate of duty
for subheading 7307.99.50, HTSUS, was 4.3 percent ad valorem.
Filing of Domestic Interested Party Petition
On October 29, 2014, counsel filed a petition on behalf of Brennan
Industries, Inc. (``Petitioner''), under section 516, Tariff Act of
1930, as amended (19 U.S.C. 1516), requesting that CBP reclassify the
articles under consideration (and as described in NY E83408) in
subheading 8412.90.90, HTSUS (2014), which provides for ``Other engines
and motors, and parts thereof: Parts: Other.'' The column one, general
rate of duty for subheading 8412.90.90, HTSUS, in 1999, 2014 and today
is free.
On February 9, 2016, CBP published a Notice of Receipt of a
Domestic Interested Party Petition in the Federal Register (81 FR
6880). The notice invited written comments on the petition from
interested parties. The comment period closed on April 11, 2016. One
comment was timely received in response to this notice, which was
submitted by the Petitioner. The comment reiterated the Petitioner's
position that the merchandise is classified in subheading 8412.90.90,
HTSUS, as other parts of other engines and motors.
Decision on Petition and Notice of Petitioner's Desire To Contest
In HQ ruling letter H259349, dated October 5, 2016 (a copy of this
ruling can be found online at https://www.regulations.gov under Docket
No. USCBP-2016-0007), CBP denied the domestic party petition and
affirmed the classification determination set forth in the previously
issued ruling letter (i.e., NY E83408). Consistent with the
determination in NY E83408, CBP determined in H259349 that the articles
at issue are parts of general use of heading 7307, HTSUS, as defined by
Note 2 to Section XV. Accordingly, these parts are excluded from
Section XVI of the HTSUS because, by operation of Note 1(g) to Section
XVI, a good cannot be a part of general use of Section XV and also be
prima facie classifiable as a part in Section XVI.
In HQ H259349, CBP also notified the Petitioner of its right to
contest the decision by filing a notice with CBP indicating its desire
to contest the decision, and that the notice must be filed not later
than thirty days from the date of issuance of the ruling letter,
pursuant to 19 U.S.C. 1516(c) and Sec. 175.23, CBP Regulations (19 CFR
175.23).
By letter dated November 2, 2016, the Petitioner filed a timely
notice under 19 U.S.C. 1516(c) and 19 CFR 175.23 of its desire to
contest CBP's decision in HQ H259349 regarding the classification of
the steel tube fittings under consideration. The Petitioner has
designated, under 19 U.S.C. 1516(c) and 19 CFR 175.23, eight (8) ports
of entry where Petitioner believes that merchandise of the kind covered
by the petition is being imported into the United States, and at which
the Petitioner desires to protest. The ports of entry are as follows:
Seattle, WA
Tacoma, WA
Long Beach, CA
[[Page 2169]]
Los Angeles, CA
New York, NY
Savannah, GA
Houston, TX
Charleston, SC
Upon application by the Petitioner to any of the Port Directors of
the ports listed above, the Port Director(s) shall make available to
the Petitioner information on merchandise of the kind covered by the
petition (as described in NY E83408) entered after the date of
publication of this notice in order that the petitioner may determine
whether the entry presented raises the issue involved in the petition.
See 19 U.S.C. 1516(c); 19 CFR 175.25. By this notice, Port Directors at
these ports are directed to notify the Petitioner by mail when the
first of such entries is liquidated. See 19 U.S.C. 1516(c) and 19 CFR
175.25(b).
Authority
This notice is published in accordance with 19 U.S.C. 1516(c) and
Sec. Sec. 175.23 and 175.24 of the CBP Regulations (19 CFR 175.23-24).
Dated: January 10, 2018.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2018-00577 Filed 1-12-18; 8:45 am]
BILLING CODE 9111-14-P
