60-day Federal Register Notice

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

subheading 7307.99.50, HTSUS, as
other tube or pipe fitting (for example,
couplings, elbows, sleeves), of iron or
steel. It is CBP’s position that the subject
fitting is a part of general use that can
connect tubes and pipes, and is thus
classified under heading 7307, HTSUS,
by application of GRI 1 and the
exclusionary effect of Legal Note 1(g) to
Section XVI. In order for classification
by application of GRI 3 to be
appropriate, a good must be unable to be
classified by application of GRIs 1 or 2,
and the good must be prima facie
classifiable in two or more headings. In
this instance, goods of heading 7307,
HTSUS, are explicitly excluded from
heading 8412, HTSUS, by application of
Legal Note 1(g) to Section XVI.
Therefore, GRI 3 is not applicable.
Historically, CBP has recognized that,
for tariff purposes, hoses are not
interchangeable with pipes or tubes. In
HQ 088393, dated March 26, 1991, CBP
examined the difference between hose
fittings, and tube or pipe fittings. In that
ruling, CBP first noted that the courts
have long recognized that although a
‘‘hose’’ may be considered a ‘‘tube’’ in
common meaning, they are not
interchangeable terms for tariff
purposes. Citing John V. Carr & Son,
Inc. v. United States, 76 Cust.Ct. 162,
C.D. 4652 (1976) (interpreting the
meanings of the terms ‘‘hose’’ and
‘‘pipes and tubes’’ within the context of
the Tariff Schedule of the United States
(TSUS)); see also J.E. Bernard & Co., Inc.
v. United States, 64 Cust.Ct. 425, C.D.
4029 (1970) (in comparing the TSUS
tariff terms ‘‘copper tubing’’ and
‘‘flexible metal tubing,’’ the court
expressed the principle that quite often
articles that literally appear to respond
to the common meaning of a tariff term
are not the articles classified in a tariff
sense); R.J. Saunders & Co., Inc. v.
United States, 49 C.C.P.A. 87, C.A.D.
801 (1962). Thus, under the TSUS, CBP
consistently held that hose fittings are
not properly classifiable under the
TSUS provision for pipe and tube
fittings. See C.I.E. 953/63 (July 2, 1963),
C.I.E. 1684/65 (October 18, 1965), TC
465.251 M (June 18, 1968), TC 426.89
AS (November 27, 1968), MFG 423.371
G (September 8, 1970), and HQ 064538
(April 17, 1980). While prior TSUS
cases are not dispositive,
‘‘[n]evertheless, on a case-by-case basis
prior decisions should be considered
instructive in interpreting the HTSUS,
particularly where the nomenclature
previously interpreted in those
decisions remains unchanged and no
dissimilar interpretation is required by
the text of the HTSUS.’’ H.R. Conf. Rep.
No. 100–576, at 549–50 (1988),

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reprinted in 1988 U.S.C.C.A.N. 1547,
1582–83; see also NY 870421, dated
February 7, 1992.
The text of heading 7307, HTSUS,
provides for ‘‘tube or pipe fittings,’’
which is similar to the TSUS text in the
cases discussed above (‘‘pipe and tube
fittings,’’ heading 613, TSUS). Thus,
with regard to the competing HTSUS
provisions at issue, CBP’s position is
that if an iron or steel fitting is a part
of general use and is designed in such
a manner where it can be used in
conjunction with tubes or pipes, or
tubes, pipes and hoses, that fitting is
classified in heading 7307. See NY
K87518, dated July 21, 2004; see also
NY H87517, dated February 20, 2002.
However, and again with regard to the
competing headings at issue, if such
fittings meet the terms of Note 2 to
Section XVI and are considered to be
parts of hydraulic systems, such as hose
fittings (as opposed to ‘‘parts of general
use’’ of heading 7307, HTSUS), they are
classified in heading 8412, HTSUS. See
NY K89798, dated October 18, 2004; NY
N006172, dated February 28, 2007; NY
H82321, dated June 25, 2001; NY
N242950, dated June 26, 2013; see also
HQ 956743, dated January 24, 1995
(stating the general principle).
CBP concludes that the subject fittings
are parts of general use that can connect
tubes and pipes, and are thus classified
under heading 7307, HTSUS, by
application of GRI 1 and the
exclusionary effect of Legal Note 1(g) to
Section XVI. Finally, with regard to
Petitioner’s argument that GRI 3 is
applicable, in order for classification by
application of GRI 3 to be appropriate,
a good must be unable to be classified
by application of GRIs 1 or 2, and the
good must be prima facie classifiable in
two or more headings. In this instance,
goods of heading 7307, HTSUS, are
explicitly excluded from heading 8412,
HTSUS, by application of Legal Note
1(g) to Section XVI. Therefore, GRI 3 is
not applicable. In addition, GRI 3 does
not apply because the fittings do not
consist of more than one material or
substance.
Comments
Pursuant to section 175.21, CBP
Regulations (19 CFR 175.21), before
making a determination on this matter,
CBP invites written comments on the
petition from interested parties.
The domestic interested party petition
concerning the tariff classification of
hydraulic system fittings, as well as all
comments received in response to this
notice, will be available for public
inspection on the docket at
www.regulations.gov. Please note that
any submitted comments that CBP

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receives by mail will be posted on the
above-referenced docket for the public’s
convenience.
Authority
This notice is published in
accordance with 19 U.S.C. 1516 and
section 175.21 of the CBP Regulations
(19 CFR 175.21).
Dated: February 4, 2016.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2016–02555 Filed 2–8–16; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0054]

Agency Information Collection
Activities: Notice of Naturalization
Oath Ceremony, Form Number N–445;
Extension, Without Change, of a
Currently Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 60-Day Notice.
AGENCY:

The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration (USCIS) invites the general
public and other Federal agencies to
comment upon this proposed extension
of a currently approved collection of
information. In accordance with the
Paperwork Reduction Act (PRA) of
1995, the information collection notice
is published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e. the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until April
11, 2016.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0054 in the subject box, the
agency name and Docket ID USCIS–
2006–0055. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
http://www.regulations.gov under eDocket ID number USCIS–2006–0055;
(2) Email. Submit comments to
USCISFRComment@uscis.dhs.gov;
SUMMARY:

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

mstockstill on DSK4VPTVN1PROD with NOTICES

(3) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Acting Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140, telephone
number 202–272–8377 (This is not a
toll-free number. Comments are not
accepted via telephone message). Please
note contact information provided here
is solely for questions regarding this
notice. It is not for individual case
status inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online, available at the USCIS Web site
at http://www.uscis.gov, or call the
USCIS National Customer Service
Center at 800–375–5283 (TTY 800–767–
1833).
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2006–0055 in the search box.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at http://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate 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) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;

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(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.

DEPARTMENT OF THE INTERIOR

Overview of This Information
Collection
(1) Type of Information Collection:
Extension, Without Change, of a
Currently Approved Collection.
(2) Title of the Form/Collection:
Notice of Naturalization Oath
Ceremony.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: N–445;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. The information furnished
on Form N–445 refers to events that may
have occurred since the applicant’s
initial interview and prior to the
administration of the oath of allegiance.
Several months may elapse between
these dates and the information that is
provided assists the officer to make and
render an appropriate decision on the
application. USCIS will use this
information to determine if any changes
to the respondent’s prior statements
affect the decisions the agency has made
in regards to the respondent’s ability to
be naturalized.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection N–445 is 900,000 and the
estimated hour burden per response is
.166 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 149,400 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $0.

SUMMARY:

Dated: February 4, 2016.
Samantha Deshommes,
Acting Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2016–02531 Filed 2–8–16; 8:45 am]
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6883

National Park Service
[NPS–NER–BOHA–20182;
PPMPSPD1Z.YM0000][PPNEBOHAS1]

Notice of March 9, 2016, Meeting of the
Boston Harbor Islands National
Recreation Area Advisory Council
National Park Service, Interior.
Notice of annual meeting.

AGENCY:
ACTION:

This notice announces the
annual meeting of the Boston Harbor
Islands National Recreation Area
Advisory Council (Council). The agenda
includes a talk about the history and
contemporary nature of the Boston
Harbor Islands as ‘‘islands on the edge.’’
Since their ancient formation by rising
sea level, the Boston Harbor Islands
have literally been on the edge of the
continent, places where land meets sea,
and now at the edge of a major
metropolitan area. The islands have
often been on the ‘‘edge of society,’’
used to isolate people, institutions, and
activities. After the talk, a business
meeting will follow. The Council will
introduce candidates interested in
membership, hold elections for officers,
and nominate Council representatives to
the Partnership. Superintendent Giles
Parker will also give updates about park
operations and planning efforts.
DATES: March 9, 2016, from 6:00 p.m. to
8:00 p.m. (Eastern).
ADDRESSES: Museum of African
American History, 14 Beacon Street,
Suite 401, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT:
Giles Parker, Superintendent and
Designated Federal Official (DFO),
Boston Harbor Islands National
Recreation Area, 15 State Street, Suite
1100, Boston, MA 02109, telephone
(617) 223–8669, or email
giles_parker@nps.gov.
This
meeting is open to the public. Those
wishing to submit written comments
may contact the DFO for the Council,
Giles Parker, by mail at National Park
Service, Boston Harbor Islands, 15 State
Street, Suite 1100, Boston, MA 02109.
Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you may ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.

SUPPLEMENTARY INFORMATION:

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