Maine; Amendment No. 1 to Notice of a Major Disaster Declaration, 41973 [2024-10444]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices
In Headquarters Ruling Letter (‘‘HQ’’)
H155115, dated May 24, 2011, CBP
found that assembly in the United States
of an imported glider, and other
imported and U.S.-origin parts,
constituted a substantial transformation
into the electric vehicle, an article with
a new name, character, and use. The
electric vehicle was composed of 31
components, of which 14 were of U.S.
origin. The assembly process in the
United States was complex and timeconsuming and involved a significant
U.S. contribution in both parts and
labor. CBP determined that the country
of origin of the electric vehicles for
purposes of U.S. Government
procurement was the United States. See
also HQ H229157, dated November 16,
2012.
In HQ H118435, dated October 13,
2010, CBP determined the United States
to be the country of origin for purposes
of U.S. Government procurement for a
line of electric golf and recreational
vehicles. In this case, CBP found that a
Chinese-origin chassis, plastic body
parts and pieces of plastic trim were
substantially transformed when they
were assembled with U.S.-origin battery
packs, motors, electronics, wiring
assemblies, seats, and chargers in the
United States. The vehicles were
composed of approximately 53 and 62
inputs, of which between 12 and 17
inputs were U.S. components and
critical in making the electric vehicle.
The imported parts lost their individual
identities and became integral parts of a
new article possessing a new name,
character, and use.
In HQ H022169, dated May 2, 2008,
CBP held that a mini-truck glider from
India was substantially transformed
when assembled in the United States
with approximately 87 different
components, 68 of which were of U.S.
origin, to produce an electric minitruck. CBP found that the imported
glider lost its individual identity and
became an integral part of a new article
possessing a new name, character and
use. Accordingly, CBP determined the
assembly process was complex and
time-consuming and involved a
significant U.S. contribution, in both
parts and labor. The components used
to power the vehicle were assembled in
the United States, and then incorporated
into the vehicle in the United States.
In the case at hand, various imported
components such as the chassis, e-axle,
and PDU cannot independently function
and operate as an electric vehicle. These
components need to be assembled in the
United States with other necessary
components of U.S. origin, such as the
batteries, converter, wheels, and front
axle. Furthermore, given the complexity
VerDate Sep<11>2014
17:01 May 13, 2024
Jkt 262001
and duration of the U.S. manufacturing
process, such as installation, calibration,
mounting, and preparation of the
product, we consider these operations to
be more than mere assembly.
Importantly, 67% of the total cost of the
truck is comprised of U.S.-made
products.
This case is distinguishable from HQ
H302821, dated July 26, 2021, in which
we held that the assembly of Volvo
vehicles in Sweden as part of a
‘‘knockdown operation’’ did not result
in a substantial transformation. Unlike
in that case, where the Chinese
subassemblies had pre-determined end
uses and did not undergo a change in
character and use during the assembly
process in Sweden, here, applying the
name, character and use test, the
imported components lose their
individual identities and will become
an integral part of a new article
possessing a new name, character, and
use. The assembly of the Tre Bev in the
United States constitutes a substantial
transformation resulting in an article
with a new name, character, and use.
Based on the foregoing, we find that
the last substantial transformation
occurs in the United States, and
therefore, the Tre Bev battery-electric
semi-truck is not a product of a foreign
country or instrumentality designated
pursuant to 25 U.S.C. 2511(b). As to
whether the Tre Bev produced in the
United States qualifies as a ‘‘U.S.-made
end product,’’ you may wish to consult
with the relevant government procuring
agency and review Acetris Health, LLC
v. United States, 949 F.3d 719 (Fed. Cir.
2020).
HOLDING
Based on the information outlined
above, we determine that the
components imported into the United
States undergo a substantial
transformation when made into Nikola’s
Tre Bev, class 8, battery-electric semitruck.
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 of
publication of the Federal Register
Notice referenced above, seek judicial
review of this final determination before
the U.S. Court of International Trade.
Sincerely,
Alice A. Kipel,
PO 00000
Frm 00049
41973
Executive Director, Regulations & Rulings,
Office of Trade.
[FR Doc. 2024–10504 Filed 5–13–24; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4719–
DR; Docket ID FEMA–2024–0001]
Maine; Amendment No. 1 to Notice of
a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
This notice amends the notice
of a major disaster declaration for the
State of Maine (FEMA–4719–DR), dated
July 6, 2023, and related determinations.
DATES: This change occurred on March
8, 2024.
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
Federal Emergency Management Agency
(FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Robert V. Fogel, of
FEMA is appointed to act as the Federal
Coordinating Officer for this disaster.
This action terminates the
appointment of William F. Roy as
Federal Coordinating Officer for this
disaster.
SUMMARY:
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.
Deanne Criswell,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2024–10444 Filed 5–13–24; 8:45 am]
BILLING CODE 9111–23–P
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[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Page 41973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10444]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Internal Agency Docket No. FEMA-4719-DR; Docket ID FEMA-2024-0001]
Maine; Amendment No. 1 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 Maine (FEMA-4719-DR), dated July 6, 2023, and related
determinations.
DATES: This change occurred on March 8, 2024.
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 Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Robert V.
Fogel, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
This action terminates the appointment of William F. Roy as Federal
Coordinating Officer for this disaster.
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.
Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-10444 Filed 5-13-24; 8:45 am]
BILLING CODE 9111-23-P
