60 day FRN

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.

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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

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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

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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:

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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

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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

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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:

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