Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices 12803

Guidance on Appointment of Lobbyist presented, CBP has concluded that the Washington, D.C. 20004–2400 to Federal Advisory Committees, Boards country of origin of the monochrome RE: U.S. Government Procurement; Country and Commissions’’ (79 FR 47482, laser printers and replacement toner of Origin of Monochrome Laser Printers August 13, 2014). The position we list cartridges in question is Japan, for and Replacement Toner Cartridges; Title for a member from the general public purposes of U.S. Government III, Trade Agreements Act of 1979 (19 would be someone appointed in their procurement. U.S.C. § 2511 et seq.); Subpart B, Part 177, CBP Regulations individual capacity and would be DATES: The final determination was Dear Mr. Soya: designated a Special Government issued on March 19, 2018. A copy of the Employee as defined in 202 (a) of Title This is in response to your final determination is attached. Any correspondence, dated June 14, 2017, 18, United States Code. Registered party-at-interest, as defined in 19 CFR requesting a final determination, pursuant to lobbyists are lobbyists as defined in 177.22(d), may seek judicial review of subpart B of Part 177 of the U.S. Customs and Title 2 U.S.C. 1602 who are required by this final determination within April 23, Border Protection (‘‘CBP’’) Regulations (19 Title 2 U.S.C. 1603 to register with the 2018. C.F.R. § 177.21 et seq.), on behalf of your clients, Brother Industries (U.S.A.) (‘‘BIUS’’) Secretary of the Senate and the Clerk of FOR FURTHER INFORMATION CONTACT: and Brother International Corporation the House of Representatives. Yuliya A. Gulis, Valuation and Special The Department of Homeland (‘‘BIC’’) (collectively ‘‘Brother’’), concerning Programs Branch, Regulations and Security does not discriminate in the country of origin of monochrome laser Rulings, Office of Trade, at (202) 325– selection of Committee members on the printers and replacement toner cartridges. 0042. We note that BIUS and BIC are parties-at- basis of race, color, religion, sex, SUPPLEMENTARY INFORMATION: interest within the meaning of 19 C.F.R. national origin, political affiliation, Notice is hereby given that on March 19, 2018 § 177.22(d)(1) and are entitled to request this sexual orientation, gender identity, final determination. marital status, disabilities and genetic pursuant to subpart B of Part 177, U.S. information, age membership in an Customs and Border Protection FACTS: employee organization, or any other Regulations (19 CFR part 177, subpart Monochrome Laser Printers: non-merit factor. The Department of B), CBP issued a final determination concerning the country of origin of Brother plans to manufacture two new Homeland Security strives to achieve a printer models in the United States: (1) the widely diverse candidate pool for all of certain monochrome laser printers and HL–L6400DWG, a printer, and (2) the MFC– its recruitment actions. replacement toner cartridges, which L6900DWG, a multifunctional printer/ If you are interested in applying to may be offered to the U.S. Government scanner/copier/fax (collectively become a member of the Committee, under an undesignated government ‘‘monochrome laser printers’’). These send your cover letter and resume to Mr. procurement contract. This final monochrome laser printers will be comprised determination, HQ H287548, was issued of approximately 1,100 parts and Patrick Clark, Alternate Designated components from several countries, Federal Officer of the National Offshore under procedures set forth at 19 CFR part 177, subpart B, which implements including Japan, the Philippines, China, and Safety Advisory Committee, via one of Vietnam. The printers are comprised of 8 the transmittal methods in the Title III of the Trade Agreements Act of main subassemblies, as follows: ADDRESSES section by the deadline in 1979, as amended (19 U.S.C. §§ 2511– (1) Main printed circuit board (‘‘PCB’’) the DATES section of this notice. All 18). In the final determination, CBP assembly or motherboard of the machine: It email submittals will receive email concluded that the country of origin of will communicate with the PC, house the receipt confirmation. the monochrome laser printers is Japan memory in the printer, and form the image for purposes of U.S. Government printed on the page. The main component of Dated: March 20, 2018. procurement. CBP also determined that the main PCB will be the Application Jeffrey G. Lantz, the country of origin of replacement Specific Integrated Circuit (‘‘ASIC’’), which Director of Commercial Regulations and toner cartridges is Japan for purposes of includes the Central Processor Unit (‘‘CPU’’) Standards. and other functional circuits, including the U.S. Government procurement. mechanical control circuit, USB [FR Doc. 2018–05944 Filed 3–22–18; 8:45 am] Section 177.29, CBP Regulations (19 communication control circuit, printing data BILLING CODE 9110–04–P CFR 177.29), provides that a notice of processing circuit, and memory control final determination shall be published circuit. Most of the digital processing in the Federal Register within 60 days functions of the main PCB will be processed DEPARTMENT OF HOMELAND of the date the final determination is by the ASIC. The overall ASIC structure and SECURITY issued. Section 177.30, CBP Regulations each functional circuit will be designed in (19 CFR 177.30), provides that any Japan and manufactured by third-party Customs and Border Protection party-at-interest, as defined in 19 CFR suppliers in Japan. The other main 177.22(d), may seek judicial review of a components of the main PCB, which include Notice of Issuance of Final the random-access memory (‘‘RAM’’), read- Determination Concerning Certain final determination within 30 days of only memory (‘‘ROM’’), electrically erasable Monochrome Laser Printers and publication of such determination in the programmable read-only memory Replacement Toner Cartridges Federal Register. (‘‘EEPROM’’), and printed circuit board, will Dated: March 19, 2018. be produced in various other countries. The AGENCY: U.S. Customs and Border Alice A. Kipel, components of the main PCB assembly will Protection, Department of Homeland be assembled in Japan. Executive Director, Regulations and Rulings, Security. (2) Firmware: The firmware will be Office of Trade. software embedded in the main PCB of the ACTION: Notice of final determination. HQ H287548 machines to provide the control program for the device. The overall design and most steps SUMMARY: This document provides March 19, 2018 notice that U.S. Customs and Border in the development of the firmware will be OT:RR:CTF:VS H287548 YAG performed in Japan. Protection (‘‘CBP’’) has issued a final CATEGORY: Origin (3) Fuser unit: The fuser unit will apply determination concerning the country of Mr. Stanley R. Soya pressure and heat to the printed page to origin of certain monochrome laser Baker Botts LLP enable toner to permanently melt onto it. The printers and replacement toner The Warner main components of the fuser unit, including cartridges. Based upon the facts 1299 Pennsylvania Avenue, NW a pressure roller, halogen lamp, thermistor

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sensor, drive gear, upper case, and lower connect various subassemblies, which toner cartridges for purposes of U.S. case, will be produced in various countries. requires a degree of precision to ensure that Government procurement? The components of the fuser unit will be cables and connectors are not damaged or LAW AND ANALYSIS: assembled in Vietnam. improperly connected. Counsel provided a (4) Automatic Document Feeder (‘‘ADF’’) step-by-step description of the finished CBP issues country of origin advisory unit: The ADF unit takes up to 80 pages and printer assembly. Counsel also highlighted rulings and final determinations as to feeds them one page at a time into the the complexity of the process by indicating whether an article is or would be a product scanner, allowing for the copying, printing or the fact that, if inserted incorrectly, the of a designated country or instrumentality for faxing of multi-page documents without cables (which are thin strips of conductive the purposes of granting waivers of certain requiring the user to manually replace each aluminum, coated in a thin layer of ‘‘Buy American’’ restrictions in U.S. law or page. This subassembly will be available for insulating material) can break and cause the practice for products offered for sale to the the MFC–L6900DWG. The main components printer to malfunction throughout its U.S. Government, pursuant to subpart B of of the ADF unit, including ADF cover, lifecycle. Moreover, there are several cables Part 177, 19 C.F.R. § 177.21 et seq., which document cover, and document separate that, if damaged during the assembly, will implements Title III of the Trade Agreements roller will be produced in various countries, require replacement of the entire Act of 1979 (‘‘TAA’’), as amended (19 U.S.C. and assembled in Vietnam. subassembly upon which the cable is § 2511 et seq.). (5) Organic Photo Conductor (‘‘OPC’’) soldered. The main PCB assembly and the Under the rule of origin set forth under 19 drum unit: The OPC drum unit is an firmware, though produced in Japan, will be U.S.C. § 2518(4)(B): aluminum cylinder that attracts toner using integrated into the printers in the United An article is a product of a country or an electrostatic charge that is transferred to States. instrumentality only if (i) it is wholly the paper to create a printed image. The main Once assembly is completed, both printer growth, product, or manufacture of that components of the OPC drum unit, including models will undergo testing and inspection, country or instrumentality, or (ii) in the case the OPC drum, corona wire, drive gear, and which is customized by Brother in Japan to of an article which consists in whole or in case, will be produced in various countries, ensure optimal functionality of each printer. part of materials from another country or and assembled in Vietnam. Testing and inspection includes not only instrumentality, it has been substantially (6) Toner cartridge: The toner cartridge will running Brother’s proprietary inspection transformed into a new and different article hold the toner that is transferred to an system, but also a manual inspection of of commerce with a name, character, or use electrostatically charged OPC drum. The components and overall functioning of the distinct from that of the article or articles main component of the toner cartridge, the product. These steps will include verifying from which it was so transformed. and installing the firmware to the main PCB toner powder, will be produced in Japan. All See also 19 C.F.R. § 177.22(a). assembly and calibrating the position of the other components of the toner cartridge, In rendering final determinations for laser beam’s exposure starting point. including the developer roller, agitator, purposes of U.S. Government procurement, Finally, counsel emphasizes that Brother supply roller, drive gear, and cases, are CBP applies the provisions of subpart B of employees responsible for assembling, produced in various countries. The Part 177 consistent with the Federal inspecting and testing the printers in the components of the toner cartridge will be Procurement Regulations. See 19 C.F.R. United States will be required to undergo assembled in Vietnam. § 177.21. In this regard, CBP recognizes that approximately two weeks of customized (7) Operation panel unit: The operation the Federal Acquisition Regulations restrict training. panel unit controls printer functions and the U.S. Government’s purchase of products communicates information about the printer Replacement toner cartridges: to U.S.-made or designated country end and print jobs. The main components of the Brother also plans to sell new replacement products for acquisitions subject to the Trade operation panel unit, including the LCD Agreements Act. See 48 C.F.R. § 25.403(c)(1). assembly, which displays the machine status toner cartridges to the U.S. Government as a separate consumable end-product. The toner The Federal Acquisition Regulations define and menu, the LCD control board, touch ‘‘U.S.-made end product’’ as ‘‘an article that sensor, key switch, and panel cover, will be cartridges can be used interchangeably in both the model HL-L6400DWG, printer; and is mined, produced, or manufactured in the produced in various countries, and will be United States or that is substantially assembled in Vietnam. the model MFC-L6900DWG, printer/scanner/ copier/fax. The cartridges will be mainly transformed in the United States into a new (8) Body unit: The body unit consists of and different article of commerce with a various components, such as the cover and comprised of the following parts: (1) toner powder; (2) supply rollers; (3) developer name, character, or use distinct from that of frame, paper tray, high-voltage and low- the article or articles from which it was voltage power supply boards, paper feeder, roller; (4) toner uniform blade; and, (5) cleaning unit. Counsel maintains that the transformed.’’ See 48 C.F.R. § 25.003. laser unit, flatbed document scanner, and In determining whether the combining of modem board. These components will come toner powder is the most critical component of the cartridge, as it is a complex powder parts or materials constitutes a substantial from various countries, and will be transformation, the determinative issue is the assembled in Vietnam. that allows the printers to form an image on paper. Brother’s toner powder will be extent of the operations performed and It is claimed that the main PCB assembly and developed and manufactured in Japan at a whether the parts lose their identity and the firmware represent the ‘‘brains’’ of the toner manufacturer’s facility. The toner become an integral part of the new article. printer. Further, it is claimed that the powder will account for approximately 40% Belcrest Linens v. United States, 6 C.I.T. 204, Vietnamese subassembly production of the of the total parts and cost of the toner 573 F. Supp. 1149 (1983), aff’d, 741 F.2d fuser unit, ADF unit, OPC drum unit, toner cartridges. The finished cartridge will be 1368 (Fed. Cir. 1984). If the manufacturing or cartridge, and body unit, as described above, made of 29 parts from Japan, Vietnam, China, combining process is a minor one that leaves does not require sophisticated skills or Philippines, Malaysia, and Indonesia. All the identity of the imported article intact, a expensive machinery. The subassemblies these components will be brought together by substantial transformation has not occurred. will be generally assembled in Vietnam by the manufacturing process in Japan to build Uniroyal, Inc. v. United States, 3 C.I.T. 220, using jigs and an electric screwdriver to the replacement cartridges. The most 542 F. Supp. 1026 (1982). connect the individual parts of each unit expensive parts of the cartridge include: (1) In Energizer Battery, Inc. v. United States, together. the toner powder, which is manufactured in 190 F. Supp. 3d 1308 (2016), the Court of The final manufacturing operations of the Japan; (2) the developer roller, which will be International Trade (‘‘CIT’’) interpreted the monochrome laser printers will take place in manufactured in Japan and the Philippines; meaning of ‘‘substantial transformation’’ as the United States, and will take and, (3) the supply roller and the blade, used in the TAA for purposes of government approximately 40 minutes to complete (this which will be manufactured in China. procurement. Energizer involved the timeframe includes testing of the final Counsel claims that the country of origin of determination of the country of origin of a product). The manufacturing process for two Brother replacement toner cartridges is Japan. flashlight, referred to as the Generation II models of the monochrome laser printers flashlight, under the TAA. All of the slightly differs in steps, but in both cases, the ISSUE: components of the Generation II flashlight process involves threading brittle wires What is the country of origin of the were of Chinese origin, except for a white through spaces into necessary ports to monochrome laser printers and replacement LED and a hydrogen getter. The components

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were imported into the United States where they were assembled with U.S.-origin PCBs, In both scenarios, the testing took 7-14 they were assembled into the finished and programmed with Japanese-origin minutes and included making certain settings Generation II flashlight. firmware. CBP found that the last substantial for the language, paper, functionality, and The court reviewed the ‘‘name, character transformation occurred in the United States. other feature settings, as described above. In and use’’ test utilized in determining whether While the printers were comprised of scenario three, the color printer and fax a substantial transformation has occurred and subassemblies and components from various machine underwent assembly in Mexico that noted, citing Uniroyal, Inc. v. United States, countries, they were also comprised of a took 2-3 minutes, the firmware for the sub- 3 C.I.T. at 226, 542 F. Supp. at 1031, aff’d, controller unit assembled in the United systems (engine, formatter) was downloaded 702 F.2d 1022 (Fed. Cir. 1983), that when States (with U.S.-origin PCBs), which was onto the hard drive or solid state drive, and ‘‘the post-importation processing consists of important to the function of the printers. We the product underwent testing. The cost of assembly, courts have been reluctant to find note that the case at issue is distinguishable the incomplete print engine was the most a change in character, particularly when the from HQ H241146 because in addition to the expensive of the hardware components, with imported articles do not undergo a physical final printer assembly in the United States, the formatter board being the second-most change.’’ Energizer at 1318. In addition, the the printers in HQ H241146 contained U.S.- expensive component. CBP determined that court noted that ‘‘when the end-use was pre- origin PCBs. the country of origin of the imported printers determined at the time of importation, courts In HQ H185775, CBP considered the was China under all three scenarios, since have generally not found a change in use.’’ country of origin of a multifunction office the assembly performed in Mexico was not Energizer at 1319, citing as an example, machine. In that case, the incomplete print significant enough to result in a substantial National Hand Tool Corp. v. United States, engine was produced in Vietnam and transformation of the Chinese components 16 C.I.T. 308, 310, aff’d, 989 F.2d 1201 (Fed. consisted of a metal frame, plastic skins, and subassemblies. In reaching its decision, Cir. 1993). Furthermore, courts have motors, controller board with supplier- CBP emphasized that all of the components considered the nature of the assembly, i.e., provided firmware, a laser scanning system, were produced in China (with the exception whether it is a simple assembly or more paper trays, cabling paper transport rollers, of the hard disk from Malaysia), including all complex, such that individual parts lose their and miscellaneous sensing and imaging the significant parts that were the essence of separate identities and become integral parts systems. The incomplete print engine was the finished product, particularly the high- of a new article. shipped to Mexico, where the following cost print engine and formatter board. In reaching its decision in Energizer, the assemblies were added: the formatter board, With respect to the final assembly court expressed the question as one of scanner/automatic document feeder, control processes in the United States, we find that whether the imported components retained panel, fax card, hard disk drive/solid state this case is similar to HQ H219519 and the their names after they were assembled into drive, firmware (which was developed and CIT’s decision in Energizer because the the finished Generation II flashlights. The written in the United States), along with assembly process in the United States is not court found ‘‘[t]he constitutive components other minor components and accessories. sufficiently complex for the last substantial of the Generation II flashlight do not lose CBP determined that Mexico was the country transformation to occur in the United States. their individual names as a result [of] the of origin because the assembly of the various Rather, all of the fully finished printer post-importation assembly.’’ The court also components resulted in a substantial subassemblies are manufactured in Vietnam, found that the components had a pre- transformation. We find HQ H185775 and the PCB and firmware are made in Japan. determined end-use as parts and components distinguishable because the assembly in Thus, substantial manufacturing operations of a Generation II flashlight at the time of Mexico involved multiple components from are performed in these countries. Once the importation and did not undergo a change in various countries, including TAA-designated Vietnamese subassemblies and the Japanese- use due to the post-importation assembly countries. origin PCB are imported into the United process. Finally, the court did not find the In HQ 560677, CBP considered two States, these 10 subassemblies are soldered/ assembly process to be sufficiently complex different notebook computers manufactured wired together, and programmed with the as to constitute a substantial transformation. in the United States with parts and Japanese-origin firmware. All of these Thus, the court found that Energizer’s components from various countries. CBP processes, including the testing of the imported components did not undergo a concluded that the foreign components used finished printer (which accounts for half of change in name, character, or use as a result in the manufacture of the notebook the time of the printer’s manufacture), are of the post-importation assembly of the computers lost their separate identities and concluded in just 40 minutes. The components into a finished Generation II became an integral part of a notebook manufacturing processes of these flashlight. Virtually all of the components of computer as a result of the operations subassemblies in the United States do not the military Generation II flashlight, performed in the United States. We note that rise to the level of complex processes including the most important component, the HQ 560677 specifically pertains to notebook necessary for a substantial transformation to LED, were of Chinese origin. Thus, the court computers, which is a different product from occur. In fact, the end-use of the imported determined that China was the correct the monochrome laser printers at issue, and and fully assembled subassemblies is already country of origin of the finished Generation CBP has considered many other scenarios pre-determined at the time of importation. II flashlights under the government involving the production of printers that are See Energizer at 1319. Additionally, despite procurement provisions of the TAA. more relevant to this case. counsel’s attempt to make the manufacturing For example, in HQ H219519, dated April processes in the United States appear to be Monochrome Laser Printers: 3, 2013, CBP considered the country of origin more complex, upon reviewing the provided In this case, counsel argues that the of a color printer and fax machine under materials, we find that ‘‘threading brittle country of origin of the monochrome laser three different scenarios. In scenarios one wires through spaces into necessary ports to printers at issue will be the United States and two, the color printer and fax machine connect various subassemblies’’ amounts to because the printers will be assembled in a underwent the following operations in nothing more than simply feeding the wiring process that involves: (1) complex post- Mexico: final assembly, downloading harnesses through designated areas, importation assembly operations; (2) the firmware written in the United States, and especially considering that the subassemblies installation of the main PCB assembly and a testing, which included making settings in question are already manufactured in a firmware verification and download; and, (3) appropriate to the buyer’s country and the manner that allows for a relatively easy a customized testing and inspection process. client’s specific needs. In scenario one, the downstream installation. Accordingly, the In support of its position, counsel cites assembly took 3-4 minutes whereby the manufacturing processes that occur in the Headquarters Ruling Letters (‘‘HQ’’) external memory drive was installed onto the United States will not subsume the H241146, dated May 21, 2013; HQ H185775, formatter and the cables were routed as individual subassemblies into a new and dated December 21, 2011; and, HQ 560677, necessary. The firmware for the engine and distinct article of commerce that has a new dated February 3, 1998. We disagree. formatter was downloaded onto the hard name, character, and use. In HQ H241146, CBP considered the drive or solid state drive. In scenario two, the As discussed in Energizer, in cases in country of origin of monochrome laser assembly took 7-8 minutes and involved the which the post-importation processing printers. In that case, Chinese subassemblies assembly discussed in scenario one, plus the entails assembly, courts have considered the were imported into the United States, where installation of the intermediate transfer belt. nature of the assembly together with the

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name, character, or use test in making a subassemblies, two of which involved HOLDING: substantial transformation determination. See processing in Japan. All the engineering, Based on the facts provided, the imported Ran-Paige Co., Inc. v. United States, 35 Fed. development, design, and artwork were fully assembled printer subassemblies from Cl. 117, 121 (1996); Belcrest Linens, 741 F.2d developed in Japan. The multifunctional Japan and Vietnam will not be substantially at 1371; Uniroyal, 3 C.I.T. at 226, 542 F. printer control unit was described as the transformed into finished monochrome laser Supp. at 1031. The court has sometimes brain of the model. While some of the printers by the processes that take place in compared the degree of operations in pre components were installed on the control the United States. However, the finished versus post-importation processing to printer board in China, the flash read-only monochrome laser printers will be evaluate whether a substantial transformation memory which included firmware developed considered a product of Japan for purposes occurred. For example, in Nat’l Hand Tool, in Japan, was manufactured in Japan. The of U.S. Government procurement. With the court contrasted the pre-importation other unit that involved production in Japan respect to the Brother replacement toner processing of cold forming and hot-forging was the process unit, that housed a drum cartridges, the country of origin will be and noted that it required more complicated produced in Japan. The process unit was Japan. functions than post-importation processing, assembled in China. The other subassemblies Notice of this final determination will be which included heat treatment and were assembled in China but certain key given in the Federal Register, as required by electroplating. 16 C.I.T. at 311; see also components of the subassemblies originated 19 C.F.R. § 177.29. Any party-at-interest other Uniroyal, 3 C.I.T. at 224-227, 542 F.Supp. at in Japan. The final assembly was performed than the party which requested this final 1029-31 (comparing a post-importation in Japan. Based on the totality of the determination may request, pursuant to 19 ‘‘minor manufacturing or combining process’’ circumstances discussed in this ruling, CBP C.F.R. § 177.31, that CBP reexamine the in which imported shoe uppers were agreed that the Jupiter II J-models were matter anew and issue a new final attached to outsoles with ‘‘complex considered a product of Japan). determination. Pursuant to 19 C.F.R. manufacturing processes’’ that occurred pre- Similar to HQ H018467, HQ W563491, and § 177.30, any party-at-interest may, within 30 importation when the imported uppers were HQ H020516, in this case, the main PCB days of publication of the Federal Register produced). In such cases, CBP has focused on assembly is the motherboard of the printers, Notice referenced above, seek judicial review the importance of other components to make which communicates with the PC, houses the of this final determination before the Court an origin determination. memory in the printer, and forms the image of International Trade. For example, in HQ H018467, dated printed on the page. It also includes key January 4, 2008, CBP was asked to consider functional circuits, including mechanical Sincerely, two manufacturing scenarios for multi- control and printing data processing. Monika R. Brenner function printers. In one scenario, Additionally, the overall structure and each for manufacturing took place in two countries; in functional circuit of the ASIC, the main Alice A. Kipel, Executive Director the other, it took place in three countries. In component of PCB, will be designed in Japan Regulations and Rulings the two-country scenario, 18 units were and manufactured by third-party suppliers in Office of Trade manufactured in the Philippines from Japan. The firmware itself provides the [FR Doc. 2018–05964 Filed 3–22–18; 8:45 am] components produced in various countries. control program for the printers and enables BILLING CODE 9111–14–P The units were sent to Japan where the the main PCB assembly to function as the system control board, engine control board, electronic ‘‘brains’’ of the printers by OPC drum unit, and the toner reservoir were controlling all printer functions. The main manufactured and incorporated into the PCB assembly (consisting of approximately DEPARTMENT OF HOUSING AND units. The control boards were programmed 1,028 components) and the firmware, URBAN DEVELOPMENT in Japan with Japanese firmware that produced in Japan, a TAA-designated controlled the user interface, imaging, country, account for a significant percentage [Docket No. FR–7007–N–03] memories, and the mechanics of the of the total subassembly cost. Together, the machines. The machines were then inspected firmware and the main PCB, which serve 60-Day Notice of Proposed Information and adjusted as necessary. CBP found that major functions and are high in value, Collection: Pre-Purchase the manufacturing operations in Japan constitute the essential character of the Homeownership Counseling substantially transformed the Philippine printers. We note that in the three rulings Demonstration and Impact Evaluation units such that Japan was the country of referenced above, the key components and origin of the multifunctional machines. In the firmware were manufactured and AGENCY: Office of Policy Development making the determination (and in addition to developed in the same country in which the and Research, HUD. the finding that operations performed in final assembly took place. This is not the case ACTION: Notice. Japan were meaningful and complex and here. However, considering that the resulted in an article of commerce with a production of the printer occurs in three SUMMARY: The Department of Housing new name, character and use), CBP took into countries, we find the last substantial and Urban Development (HUD) is consideration the fact that the system control transformation to occur in Japan, given that seeking approval from the Office of board, the engine control board, and the the essential character of the printer is made Management and Budget (OMB) for the firmware, which were very important to the in Japan. Accordingly, we find that Japan is information collection described below. functionality of the machines, were the country of origin of the monochrome manufactured in Japan. laser printers. In accordance with the Paperwork Similarly, in HQ W563491, dated February Reduction Act, HUD is requesting 8, 2007, CBP was asked to consider a two- Replacement toner cartridges: comment from all interested parties on country scenario where all of the Finally, counsel argues that Japan is the the proposed collection of information. subassemblies of the multifunction machine country of origin for the Brother replacement The purpose of this notice is to allow for were made in China, with the exception of toner cartridges. Several CBP rulings are 60 days of public comment. the controller unit subassembly, application cited in counsel’s submission. HQ H251592, DATES specific integrated circuits and firmware, dated June 24, 2014, describes an AIO : Comments Due Date: May 22, which were made in Japan. In that case, the cartridge with three main components: 1) 2018. final assembly, testing, and the final toner powder; 2) developer unit; and, 3) ADDRESSES: Interested persons are inspection were done in Japan. Although cleaning unit. In HQ H251592, CBP invited to submit comments regarding CBP stated that the product assembly in determined that the processing in Japan this proposal. Comments should refer to Japan was also complex and meaningful, CBP substantially transformed the non-Japanese focused on the origin of key components in components. We find that a similar rationale the proposal by name and/or OMB finding that the country of origin was Japan. can be applied to Brother’s replacement Control Number and should be sent to: See also HQ H020516, dated November 7, cartridges. Therefore, it is the opinion of this Anna P. Guido, Reports Management 2008 (CBP considered Sharp Andromeda II J office that the country of origin of the Officer, QDAM, Department of Housing models composed of eight main replacement toner cartridges will be Japan. and Urban Development, 451 7th Street

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