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54566 Federal Register / Vol. 70, No.

178 / Thursday, September 15, 2005 / Notices

complex and meaningful assembly Data General Corporation v. United States, 4 Sincerely,
operations involving a large number of CIT 182 (1982), the Court of International
components will generally result in a Trade held that a PROM (programmable read- Michael T. Schmitz,
substantial transformation. For example, in only memory) fabricated in a foreign country Assistant Commissioner, Office of
Headquarters Ruling Letter (‘‘HRL’’) 562495 but programmed in the United States for use Regulations and Rulings.
dated November 13, 2002, color ink jet in a computer circuit board assembled abroad [FR Doc. 05–18359 Filed 9–14–05; 8:45 am]
printers were assembled in Singapore of was substantially transformed. In Data BILLING CODE 9110–06–P
components imported from a number of other General, the court stated that the electronic
countries. CBP determined that the imported pattern introduced into the circuit by
components were substantially transformed programming gave the PROM the function as
during assembly such that the country of DEPARTMENT OF HOMELAND
a read only memory and that the essence of
origin of the assembled ink jet printers was SECURITY
the article, its pattern of interconnection or
Singapore. In support of this position, CBP stored memory, was established by
recognized that the processing operations Bureau of Customs and Border
programming.
that occurred within Singapore were
As applied, we find that the various
Protection
complex and extensive, required the
foreign-origin parts are substantially
integration of 13 major subassemblies to the Notice of Cancellation of Customs
transformed within the United States when
chassis, and that the resulting product was a Broker License Due to Death of the
new and distinct article of commerce that assembled to form the Kodak i600 line of
scanners in the manner set forth above. In License Holder
possessed a new name, character, and use.
In HRL 561734 dated March 22, 2001, making this determination we note that the
AGENCY: Bureau of Customs and Border
published in the Federal Register on March scanners are comprised of approximately 600
parts and thirteen subassemblies. Ten of the Protection, U.S. Department of
29, 2001 (66 FR 17222), CBP held that certain Homeland Security.
multi-functional machines (consisting of subassemblies are assembled to completion
printer, copier, and fax machines) assembled within the United States during a complex ACTION: General notice.
in Japan were a product of that country for and meaningful process. Illustrative
purposes of U.S. Government procurement. examples of two major subassemblies built to SUMMARY: Notice is hereby given that,
The multi-functional machines were completion in the United States are the E-Box pursuant to Title 19 of the Code of
assembled from 227 parts (108 parts obtained assembly (comprised of approximately 50 Federal Regulations § 111.51(a), the
from Japan, 92 from Thailand, 3 from China, parts) and the pod assembly (comprised of following individual Customs broker
and 24 from other countries) and eight more than 180 parts). During the main build licenses and any and all permits have
subassemblies, each of which was assembled phase of production, the various been cancelled due to the death of the
in Japan. One of the subassemblies produced subassemblies and literally hundreds of
in Japan, referred to as the scanner unit, was broker:
additional parts are assembled together to
described as the ‘‘heart of the machine.’’ In form the scanners. Specialized fixtures,
finding that the imported parts were tooling, and other equipment are used License
Name Port name
substantially transformed in Japan, CBP No.
throughout assembly to align, test, and
stated that the individual parts and calibrate the scanners as they are built. After
components lost their separate identities Thomas A. Borgia ... 10419 Miami.
assembly, the scanners are programmed with Karl A. Becnel ......... 09684 New
when they became part of the multi- firmware developed in the United States,
functional machine. See also, HRL 561568 Orleans.
which constitutes the intelligence of the
dated March 22, 2001, published in the scanners. During such assembly and
Federal Register on March 29, 2001 (66 FR programming operations, the individual Dated: September 8, 2005.
17222). components and subassemblies of foreign- Jayson P. Ahern,
By contrast, assembly operations that are
origin are subsumed into a new and distinct Assistant Commissioner, Office of Field
minimal or simple will generally not result
article of commerce that has a new name, Operations.
in a substantial transformation. For example,
character, and use. Therefore, we find that [FR Doc. 05–18360 Filed 9–14–05; 8:45 am]
in HRL 734050 dated June 17, 1991, CBP
held that Japanese-origin components were the country of origin of the Kodak i600
BILLING CODE 9110–06–P
not substantially transformed in China when scanners for purposes of U.S. Government
assembled in that country to form finished procurement is the United States.
printers. The printers consisted of five main Holding: Based upon the specific facts of
this case, we find that the individual DEPARTMENT OF HOMELAND
components identified as the ‘‘head’’,
‘‘mechanism’’, ‘‘circuit’’, ‘‘power source’’, components and subassemblies imported SECURITY
and ‘‘outer case.’’ The circuit, power source into the United States are substantially
and outer case units were entirely assembled transformed when assembled in the manner Bureau of Customs and Border
or molded in Japan. The head and set forth above to form Kodak i600 desktop Protection
mechanical units were made in Japan but scanners. Therefore, the country of origin of
exported to China in an unassembled state. the Kodak i600 line of desktop scanners for Notice of Cancellation of Customs
All five units were exported to China where purposes of U.S. Government procurement is Broker Permit
the head and mechanical units were the United States.
assembled with screws and screwdrivers. Notice of this final determination will be AGENCY: Bureau of Customs and Border
Thereafter, the head, mechanism, circuit, and given in the Federal Register as required by Protection, U.S. Department of
power source units were mounted onto the 19 CFR 177.29. Any party-at-interest other Homeland Security.
outer case with screws and screwdrivers. In than the party which requested this final
ACTION: General notice.
holding that the country of origin of the determination may request, pursuant to 19
assembled printers was Japan, CBP CFR 177.31, that CBP reexamine the matter SUMMARY: Pursuant to section 641 of the
recognized that the vast majority of the anew and issue a new final determination.
Any party-at-interest may, within 30 days
Tariff Act of 1930, as amended, (19
printer’s parts were of Japanese origin and
that the operations performed in China were after publication of the Federal Register U.S.C. 1641) and the Customs
relatively simple assembly operations. notice referenced above, seek judicial review Regulations (19 CFR 111.51), the
The programming operations performed in of this final determination before the Court following Customs broker permits are
the instant case must also be considered. In of International Trade. cancelled without prejudice.

Name Permit Issuing port

General Brokerage Services, Inc. ..................................................................................................................... H34 Miami.

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Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices 54567

Name Permit Issuing port

General Brokerage Services, Inc. ..................................................................................................................... 99–00537 Washington, DC.


MarketMakers, Inc. ............................................................................................................................................ WW6 Miami.
Oscar H. Vildosola ............................................................................................................................................. 26–02–ALW Nogales.
Menlo Worldwide Trade Services, Inc. .............................................................................................................. 26–02–001 Nogales.
Mary Fong .......................................................................................................................................................... 20016 Los Angeles.
Hanshin Air Cargo ............................................................................................................................................. 98013 Los Angeles.
Menlo Worldwide Trade Services, Inc. .............................................................................................................. 52–03–225 Miami.
Mark Leverett ..................................................................................................................................................... WYT Miami.

Dated: September 8, 2005. DEPARTMENT OF HOMELAND ACTION: General notice.


Jayson P. Ahern, SECURITY
Assistant Commissioner, Office of Field SUMMARY: Pursuant to section 641 of the
Operations. Bureau of Customs and Border Tariff Act of 1930, as amended, (19
[FR Doc. 05–18361 Filed 9–14–05; 8:45 am]
Protection U.S.C. 1641) and the Customs
BILLING CODE 9110–06–P Regulations (19 CFR 111.51), the
Notice of Cancellation of Customs
Broker License following Customs broker licenses are
cancelled without prejudice.
AGENCY: Bureau of Customs and Border
Protection, U.S. Department of
Homeland Security.

Name License No. Issuing port

MarketMakers, Inc. ................................................................................................................................................... 14666 Miami.


General Brokerage Services, Inc. ............................................................................................................................ 07283 Miami.

Dated: September 8, 2005. Permit Number: TE087770–1 aimed at enhancement of survival of the
Jayson P. Ahern, species in the wild.
Applicant: Kimberly Livengood.
Assistant Commissioner, Office of Field Permit Number: TE056081–4
Operations. The applicant requests a permit
[FR Doc. 05–18362 Filed 9–14–05; 8:45 am] amendment to take the Indiana bat Applicant: EnviroScience, Inc., Stow,
BILLING CODE 9110–06–P
(Myotis sodalis) and gray bat (M. Ohio.
grisescens) in Illinois. The scientific The applicant requests a permit
research is aimed at enhancement of amendment to take endangered mussels
survival of the species in the wild. in Florida. The scientific research is
DEPARTMENT OF THE INTERIOR Permit Number: TE106545–1 aimed at enhancement of survival of the
species in the wild.
Fish and Wildlife Service Applicant: Melody Meyers-Kinzie.
The applicant requests a permit Permit Number: TE088720–1
Endangered and Threatened Species amendment to take clubshell Applicant: G. Tom Watters, Columbus,
Permit Applications (Pluerobema clava), rough pigtoe (P. Ohio.
AGENCY: Fish and Wildlife Service, plenum), fanshell (Cyprogenia stegaria), The applicant requests a permit to
Interior. and northern riffleshell (Epioblasma take endangered mussels in Florida and
torulosa rangiana) throughout hold in Ohio for host identification and
ACTION: Notice of receipt of applications.
Kentucky. The scientific research is propagation efforts. The scientific
SUMMARY: The following applicants have aimed at enhancement of survival of the research is aimed at enhancement of
applied for permits to conduct certain species in the wild. survival of the species in the wild.
activities with endangered species. This Permit Number: TE108952 Dated: August 10, 2005.
notice is provided pursuant to section Wendi Weber,
10(c) of the Endangered Species Act of Applicant: Debra Scott.
Assistant Regional Director, Ecological
1973, as amended (16 U.S.C. 1531, et The applicant requests a permit Services, Region 3, Fort Snelling, Minnesota.
seq.). amendment to take the Indiana bat [FR Doc. 05–18317 Filed 9–14–05; 8:45 am]
DATES: Written data or comments must
(Myotis sodalist) in Illinois. The BILLING CODE 4310–55–P
be received on or before October 17, scientific research is aimed at
2005. enhancement of survival of the species
in the wild. DEPARTMENT OF INTERIOR
ADDRESSES: Send written data or
comments to the Regional Director, U.S. Permit Number: TE839763–6 Fish and Wildlife Service
Fish and Wildlife Service, Ecological Applicant: John Whitaker, Indiana State
Services, 1 Federal Drive, Fort Snelling, University. Notice of Availability of the Final
Minnesota 55111–4056. Recovery Plan for the Pecos Sunflower
The applicant requests a permit
FOR FURTHER INFORMATION CONTACT: Mr. (Helianthus paradoxus)
amendment to take the Indiana bat
Peter Fasbender, (612) 713–5343. (Myotis sodalist) throughout the range of AGENCY: Fish and Wildlife Service,
SUPPLEMENTARY INFORMATION: the species. The scientific research is Interior.

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