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Notice of Issuance of Final Determination

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Notice of Issuance of Final Determination 27788 Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Notices DEPARTMENT OF HOMELAND Section 177.29, CBP Regulations (19 FACTS: SECURITY CFR 177.29), provides that notice of The imported product under consideration final determinations shall be published is a LED blank assembly. The LED blank U.S. Customs and Border Protection in the Federal Register within 60 days assembly is sold to for hobbyists who want of the date the final determination is to create their own unique lights. The Notice of Issuance of Final issued. Section 177.30, CBP Regulations assembly can be made into two types of Determination Concerning Special Ops (19 CFR 177.30), provides that any flashlights, the Special Ops Flashlight and Flashlights and Sportsman Flashlights party-at-interest, as defined in 19 CFR the Sportsman Flashlight. The LED blank assemblies are cylindrical in shape and 177.22(d), may seek judicial review of a AGENCY: U.S. Customs and Border measure approximately 13⁄8 inches tall with Protection, Department of Homeland final determination within 30 days of an outside diameter of 7/8 of an inch. The Security. publication of such determination in the LED blank assemblies consist of multi- Federal Register. colored LEDs with Printed Circuit Boards ACTION: Notice of final determination. Dated: May 7, 2012. (PCBs) attached to them. They incorporate four LEDs and a push-button switch that SUMMARY: This document provides Sandra L. Bell, notice that U.S. Customs and Border controls the LEDs. Both the LEDs and PCBs Executive Director, Regulations and Rulings, are made in India, where the two items are Protection (‘‘CBP’’) has issued a final Office of International Trade. attached together. The power source used for determination concerning the country of H185149 the LED blank assemblies is a 3 volt lithium origin of a Special Ops Flashlight, battery which is imported separately and Sportsman Flashlight, and a light- May 7, 2012 sourced from China. The battery is attached emitting diode (LED) blank assembly. CLA–2 OT:RR:CTF:VS H185149 RSD to the LED blank in the United States. The Based upon the facts presented, CBP has CATEGORY: Marking remaining part that is attached to the LED concluded in the final determination Mr. Juan Enrique-Cienfuegos blank assembly in the U.S. is the plastic battery tube. This is done by holding the PCB that India is the country of origin of the Southwest Synergistic Solutions and outwardly folding the soldered battery blank LED Assembly, Special Ops 215 N. Center, # 703 straps to create a slight V shape; inserting the Flashlight, and Sportsman Flashlight for San Antonio, Texas 78202 PCB into the battery tube; inserting the 3 V purposes of U.S. Government RE: Country of Origin of Special Ops Lithium battery into the bottom side of the procurement. Flashlights, Sportsman Flashlights, and battery tube; sliding the battery back plate Blank LEDs Assemblies DATES: The final determination was into place to close the circuit; and testing the issued on May 7, 2012. A copy of the Dear Mr. Cienfuegos: LED blank. final determination is attached. Any This letter is in response to your letter of You claim the LED assembly is a blank, July 12, 2011, to our National Commodity which can be utilized for several types of party-at-interest, as defined in 19 CFR lights including flashlights, signal lights, 177.22(d), may seek judicial review of Specialist Division, in which you requested a binding ruling pertaining to the ornamental lights, or novelty lights. The LED this final determination within June 11, classification under the Harmonized Tariff illumination is directional and the boards are 2012. Schedule of the United States (HTSUS) and currently imported with four different LED FOR FURTHER INFORMATION CONTACT: the country of origin for marking and control software programs. The PCB can be Robert Dinerstein, Valuation and government procurement of three items, the reprogrammed in the United States special ops flashlight, sportsman flashlight depending on the demand at the time for a Special Programs Branch, Regulations particular version. Furthermore, the and Rulings, Office of International and light-emitting diodes (LEDs) blank assemblies. Your letter was forwarded from sequences can be customized based on the Trade (202–325–0132). customer’s desired settings. our National Commodity Specialist Division SUPPLEMENTARY INFORMATION: Notice is (NCSD) in New York to this office for a Special Op Flashlight and Sportsman hereby given that on May 7, 2012, response to your request for a ruling on the Flashlight pursuant to subpart B of part 177, country of origin for government The LED assembly blanks may be used to Customs and Border Protection (CBP) procurement. By separate emails sent from produce two types of flashlights. The first Regulations (19 CFR Part 177, Subpart January 6 through 21, 2012, you provided product is a Special Ops Flashlight B), CBP issued a final determination additional information for consideration as containing an infrared LED and 3 visible concerning the country of origin of the part of your ruling request. Samples of the colored lights. The second flashlight contains blank LED Assemblies, Special Ops articles were enclosed for our consideration. visible colored lights and is called the Flashlights and Sportsman Flashlights The classification and country of origin Sportsman Flashlight. The various color which may be offered to the United marking issues will be dealt with under wavelengths offer the user a variety of separate cover. States Government under an illumination options. The infrared LED is Under the pertinent regulations, which undesignated government procurement used by special forces or SWAT teams to implement Title III of the Trade Agreements illuminate maps or their walking path, and contract. This final determination, in Act of 1979 (‘‘TAA’’), as amended (19 U.S.C. can only be seen with infrared night vision HQ H185149, was issued at the request § 2511 et seq.), CBP issues country of origin optics. The red light is used for low light of Southwest Synergistic Solutions advisory rulings and final determinations as illumination to preserve night vision under procedures set forth at 19 CFR to whether an article is or would be a product equipment. The yellow light is used for low Part 177, Subpart B, which implements of a designated country or instrumentality for light illumination and animal watching. The Title III of the Trade Agreements Act of the purpose of granting waivers of certain green light is used for map reading. The blue 1979, as amended (19 U.S.C. 2511–18). ‘‘Buy American’’ restrictions in U.S. law or light is used for fluid trail blood tracking. In the final determination, CBP practice for products offered for sale to the The Special Ops and Sportsman flashlight concluded that the Special Ops U.S. Government. consists of the following components. 1. LED blank assemblies, Flashlights and the Sportsman This final determination concerns the country of origin of special ops flashlight, 2. Silicon Flashlight top, Flashlights which are assembled in the sportsman flashlight and LED blank 3. Silicon Ross bottomed magnetic end cap, United States using the blank LED assemblies. We note that Southwest 4. Magnets, assemblies from India are products of Synergistic Solutions is a party-at-interest 5. Packaging tube and cap, and India for purposes of U.S. Government within the meaning of 19 CFR § 177.22(d)(1) 6. Instructions. procurement. The country of origin of and is entitled to request this final The assembly for both flashlights is as the blank LED assembly is India. determination. follows: VerDate Mar<15>2010 17:57 May 10, 2012 Jkt 226001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Notices 27789 1. Select proper LED blank software a country or instrumentality only if (i) it is States. The country of origin of the item’s version; wholly the growth, product, or manufacture components, extent of the processing that 2. Insert LED blank into Silicon Flashlight of that country or instrumentality, or (ii) in occurs within a country, and whether such top; the case of an article which consists in whole processing renders a product with a new 3. Place magnets inside Cross bottomed or in part of materials from another country name, character, and use are primary Magnetic end cap; or instrumentality, it has been substantially considerations in such cases. CBP takes into 4. Attach the Silicon Cross bottomed transformed into a new and different article magnetic end cap to assembled Silicon of commerce with a name, character, or use account such factors as resources expended Flashlight light top; distinct from that of the article or articles on product design and development, the 5. Test for proper function; from which it was so transformed. extent and nature of post-assembly 6. Place the instructions inside packaging See also 19 C.F.R § 177.22(a) defining inspection and testing procedures, and tube; and ‘‘country of origin’’ in identical terms degree of worker skill required during the 7. Place the finished flashlight into the In rendering advisory rulings and final actual manufacturing process. See HQ packaging tube and cover with top. determinations for purposes of U.S. H107335 dated September 9, 2010; and HQ You indicate that all the software for the Government procurement, CBP applies the H006417 dated August 20, 2008. No single flashlights is written in the United States. provisions of Subpart B of Part 177 consistent factor is determinative. The PCB’s used in the LED blank assemblies with the Federal Procurement Regulations. We conclude that the LED blank produced in India will always be See 19 C.F.R.
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