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9014 Federal Register / Vol. 72, No.

39 / Wednesday, February 28, 2007 / Notices

opportunity for public comment on (SAMHSA), Center for Substance Abuse The contractor conducting this
proposed collections of information, the Prevention (CSAP) is proposing the information collection will distribute a
Substance Abuse and Mental Health project the 2008 Underage Drinking brief feedback form to all participating
Services Administration (SAMHSA) Prevention: Town Hall Meetings (THM) organizations. The form includes 14
will publish periodic summaries of Initiative. In 2006, approximately 1,510 items about the THM, including where,
proposed projects. To request more THMs were held in 1,262 community- when, and who conducted the meeting,
information on the proposed projects or based organizations (CBO) throughout number of attendees, format of meeting,
to obtain a copy of the information the Nation. Each of the THMs strived to participants in the presentations,
collection plans, call the SAMHSA increase the understanding and actions planned, media coverage of the
Reports Clearance Officer on (240) 276– awareness of underage alcohol use and meeting, composition of the audience,
1243. its consequences by encouraging
Comments are invited on: (a) Whether responses of the attendees, materials
individuals, families, and communities provided in the town hall meetings, and
the proposed collections of information to address the problem. The local THMs
are necessary for the proper indications of increased awareness and
gave communities the opportunity to increased involvement. In addition to
performance of the functions of the come together to learn more about the
agency, including whether the distributing the feedback form, the
new research on underage alcohol use
information shall have practical utility; contractor will be responsible for
and its impact on both the individuals
(b) the accuracy of the agency’s estimate collecting, compiling, analyzing, and
and the community. They also
of the burden of the proposed collection reporting on information requested
discussed how their communities can
of information; (c) ways to enhance the best prevent underage alcohol use. through this feedback form.
quality, utility, and clarity of the The feedback form will be completed
information to be collected; and (d) To help guide decision making and
planning for future THMs, SAMHSA/ by an estimated 1,200 employees from
ways to minimize the burden of the CBOs. The paper form will take an
collection of information on CSAP plans to conduct a process
assessment of the THMs to be held in average of 10 minutes (.167 hours) to
respondents, including through the use
2008. CBOs who agree to participate in review instructions, complete the form,
of automated collection techniques or
other forms of information technology. this initiative will be asked to provide and mail it in a self-addressed, stamped
feedback about the implementation and envelope. This burden estimate is based
Proposed Project: Underage Drinking results of the THMs in their community. on comments from several potential
Prevention: Town Hall Meeting This information collection is being respondents who reviewed the form and
Feedback Form—New implemented under the authority of provided comments on how long it
The Substance Abuse and Mental Section 501(d) (4) of the Public Health would take them to complete it.
Health Services Administration’s Service Act (42 U.S.C. 290aa).

Responses
Number of Hours per Total hour
Form name per
respondents response burden
respondent

Feedback Form ................................................................................................ 1,200 1 .167 120

Send comments to Summer King, SUMMARY: This document provides pursuant to subpart B of part 177,
SAMHSA Reports Clearance Officer, notice that the Bureau of Customs and Customs Regulations (19 CFR part 177,
Room 7–1044, One Choke Cherry Road, Border Protection (CBP) has issued a subpart B), CBP issued a final
Rockville, MD 20857. Written comments final determination concerning the determination concerning the country of
should be received within 60 days of country of origin of certain digital color origin of certain digital color
this notice. multifunctional systems to be offered to multifunctional systems to be offered to
Dated: February 22, 2007. the United States Government under an the United States Government under an
Elaine Parry,
undesignated government procurement undesignated government procurement
contract. Based on the facts presented, contract. The CBP ruling number is HQ
Acting Director, Office of Program Services.
the final determination found that Japan 563491. This final determination was
[FR Doc. E7–3468 Filed 2–27–07; 8:45 am] is the country of origin of the subject issued at the request of Sharp
BILLING CODE 4162–20–P digital color multifunctional systems for Electronics Corporation under
purposes of U.S. government procedures set forth at 19 CFR part 177,
procurement. subpart B, which implements Title III of
DEPARTMENT OF HOMELAND the Trade Agreements Act of 1979, as
DATES: The final determination was
SECURITY amended (19 U.S.C. 2511–18).
issued on February 8, 2007. A copy of
the final determination is attached. Any The final determination concluded
Bureau of Customs and Border party-at-interest as defined in 19 CFR that, based upon the facts presented, the
Protection 177.22(d), may seek judicial review of assembly in Japan of Japanese and
this final determination within 30 days foreign components to create the subject
Notice of Issuance of Final digital color multifunctional systems
Determination Concerning Digital of February 28, 2007.
substantially transformed the foreign
Color Multifunctional Systems FOR FURTHER INFORMATION CONTACT: components into a product of Japan.
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Daniel Cornette, Valuation and Special Section 177.29, CBP Regulations (19
AGENCY: U.S. Customs and Border Programs Branch, Office of International
Protection, Department of Homeland CFR 177.29), provides that notice of
Trade; telephone (202) 572–8731. final determinations shall be published
Security.
SUPPLEMENTARY INFORMATION: Notice is in the Federal Register within 60 days
ACTION: Notice of final determination.
hereby given that on February 8, 2007, of the date the final determination is

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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 9015

issued. Section 177.30, CBP Regulations Sharp’s parent company (‘‘Sharp (c) Process Unit Subassembly
(19 CFR 177.30), states that any party- Japan’’) developed the J-Model in Japan,
at-interest, as defined in 19 CFR and performs the entire engineering, The process unit is a combination of
177.22(d), may seek judicial review of a the drum, developer, and toner
development, design, and art work
final determination within 30 days of cartridges. Because the J-Models are
processes for both models in Japan.
publication of such determination in the color multifunctional systems, they
According to your submission, the
Federal Register. require four sets of the process units,
production process may be broken which includes a drum, developer and
Dated: February 21, 2007. down into four stages. In the first stage, toner for each of the four colors, i.e.,
Sandra L. Bell, the following key subassemblies are black, yellow, cyan, and magenta. The
Executive Director, Office of Regulations and assembled: laser scanner unit (‘‘LSU’’) developer and toner materials, as well
Rulings, Office of International Trade. (assembled in China); first transfer unit as the drums, are produced in Japan.
subassembly (assembly begins in China The process unit subassembly is
HQ 563491
and is finished in Japan); process unit assembled by attaching each of the four
February 8, 2007. subassembly (assembled in China); and drums to the four drum cartridges. The
MAR–2–05 RR:CTF:VS 563491 DCC controller unit subassembly (assembled toner and developer cartridges are filled
in Japan). In addition, four minor with toner and developer and installed
Category: Marking. subassemblies are assembled in China: on the subassembly for testing purposes.
Ms. Fusae Nara, Pillsbury Winthrop first transfer cleaner unit; cabinet
Shaw Pittman, 1540 Broadway, subassembly; auto document feeder (d) Control Box Unit Subassembly
New York, NY 10036–4039. subassembly, and fuser unit. The
Reference: U.S. Government The control box unit is the ‘‘brain’’ of
finished systems have one unit each of the J-Model machines. The control
Procurement; Final Determination;
five different kinds of application- printed wiring board (‘‘PWB’’) and the
country of origin of digital color
multifunctional systems; substantial specific integrated circuits (‘‘ASIC’’), all mother PWB are populated in China
transformation; 19 CFR Part 177. of which are made in Japan. with diodes, resisters, and condensers.
The second stage is the final physical In Japan, Sharp forms a harness for the
Dear Ms. Nara: This is in response to
assembly of the J-Models. In the third hard disk (either from Malaysia or
your letter dated April 24, 2006,
stage, Sharp Japan makes adjustments China) that is then fastened to the
requesting a final determination on
and conducts testing of the J-Models. In harness board of the control box unit
behalf of Sharp Electronics Corporation
the fourth stage, the J-Models undergo with screws. The hard disk is affixed to
(‘‘Sharp’’) pursuant to subpart B of Part
final inspection and packaging for the harness and then to the PWB.
177, Customs and Border Protection
shipment to the United States. Cushioning is installed around the hard
(‘‘CBP’’) Regulations (19 CFR 177.21 et
disk and flash memory chips (i.e., the
seq.). Under these regulations, which
1. Subassembly Preparation boot flash ROM, and the program flash
implement Title III of the Trade
ROM) are inserted into designated slots
Agreements Act of 1979, as amended (a) Laser Scanner Unit Subassembly on the control box.
(codified at 19 U.S.C. 2411 et seq.), CBP
issues country of origin advisory rulings The LSU writes the image data of the 2. Final Assembly
and final determinations on whether an documents or graphics onto the drum
article is or would be a product of a unit. While the components comprising The final Japanese assembly process
designated foreign country or the LSU are assembled in China, the begins with the cabinet that houses the
instrumentality for the purpose of charge coupled device (‘‘CCD’’) and the middle section of the finished product.
granting waivers of certain ‘‘Buy ASIC, which are mounted on the cabinet The cabinet is fabricated in China and
American’’ restrictions in U.S. law or as well as the laser diodes (‘‘LDs’’), are contains certain components, such as
practice for products offered for sale to made in Japan. Color images are created Japanese ASICs, that are installed in
the U.S. Government. by exposing the laser lights of the LDs China. The major subassemblies
This final determination concerns the to four color-specific drums (black, described above are assembled into the
country of origin of certain digital color cyan, magenta, and yellow). The ASIC is cabinet as follows:
multifunctional systems that Sharp may designed to control the exposure of the a. The side panel of the cabinet is
sell to the U.S. Government. We note laser lights following the scanned data opened and the LSU subassembly is
that Sharp is a party-at-interest within with speed and precision. inserted and fastened to the cabinet
the meaning of 19 CFR 177.22(d)(1) and with screws.
is entitled to request this final (b) First Transfer Unit Subassembly b. The front panel of the cabinet is
determination. opened and the first transfer unit
Facts: The first transfer unit is where the
four color images, which are created by assembly is inserted into a slot and
The products subject to this ruling are fastened to the cabinet with screws.
digital color multifunctional systems the four color drums, are transformed
into an integrated color image that is c. Four drum cartridges, four
manufactured by Sharp, Model Nos.
then transferred onto paper. The image developer cartridges, and four toner
MX–2300NJ and MX–2700NJ
is transferred to the paper by a wide belt cartridges—one for each of the four
(hereinafter the ‘‘J–Models’’), imported
known as a transfer belt. The transfer colors (i.e., black, yellow, cyan, and
from Japan for the purpose of sales to
belt rotates around the first transfer unit magenta)—are installed.
U.S. government agencies. The J-Models
have photocopying, printing, faxing, generating print images, while a cleaner d. A small panel on the back of the
and scanning functions. The primary cartridge continuously cleans the cabinet is removed and the control box
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difference between the two models is surface of the belt. The unfinished first unit is inserted into a slot in the cabinet
the speed at which they are able to transfer unit is manufactured in China assembly and secured with screws.
process images. The MX–2300NJ prints and completed in Japan where the e. The automatic document feeder is
23 pages per minute compared to 27 transfer belt is manufactured and fastened to the hinge on top of the
pages per minute for the MX–2700NJ. installed. cabinet assembly with screws.

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9016 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices

3. Testing Issue: integrated circuits, sockets, and


In Japan, extensive tests are Whether the multifunctional systems connectors) were assembled.
conducted and adjustments are made to manufactured by Sharp (Model Nos. CBP has held in a number of cases
all functions, including scanning, image MX–2300NJ and MX–2700NJ) are involving similar merchandise that
placement, color and darkness. products of Japan for purposes of U.S. complex and meaningful assembly
a. Adjustments. The following Government procurement. operations involving a large number of
adjustments are made to each unit: Law and Analysis: components will generally result in a
• Confirm data input circuitry by Pursuant to Subpart B of Part 177, 19 substantial transformation. In
connecting the printer/scanner unit to a CFR 177.21 et seq., which implements Headquarters Ruling Letter (‘‘HRL’’)
computer based on the destination of Title III of the Trade Agreements Act of 562936, 69 FR 13577 (March 23, 2004),
the finished unit. 1979, as amended (19 U.S.C. 2511 et we addressed the country of origin of
• Inspect the card reader by running seq.), CBP issues country of origin certain multifunction printers
a test card with a simulation program. advisory rulings and final assembled in Japan of various Japanese-
• Apply high voltage to the printer determinations on whether an article is
and Chinese-origin parts. In that ruling,
unit and adjust it to be within the we determined that the multifunction
or would be a product of a designated
permitted range for each color. printer was a product of Japan based on
country or instrumentality for the
• Measure the bias voltage to confirm purposes of granting waivers of certain
the fact that a ‘‘substantial portion of the
that the voltage used to remove excess printer’s individual components and
‘‘Buy American’’ restrictions in U.S. law
toner is proper. subassemblies [were] of Japanese
or practice for products offered for sale
• Confirm the rotation of the toner origin.’’ Furthermore, we noted that
to the U.S. Government.
motor. some of the Japanese components and
• Confirm the functioning of the hard Under the rule of origin set forth subassemblies were essential parts of
disk and the hard disk output on the under 19 U.S.C. 2518(4)(B): the finished article, and other Japanese
LCD display panel of the operation unit. An article is a product of a country or parts, including the reader scanner unit
• Measure the distance between the instrumentality only if (i) it is wholly the and the control panel unit, were critical
drum ‘‘sleep’’ position and the toner growth, product, or manufacture of that to the production of the printer. Finally,
cartridge magnet roller to ensure even country or instrumentality, or (ii) in the case HRL 562936 noted that the Japanese
print quality. of an article which consists in whole or in
processing operations were complex
part of materials from another country or
• Adjust the amount of developer by and meaningful, that required ‘‘the
instrumentality, it has been substantially
connecting the developer unit for each transformed into a new and different article assembly of a large number of
color. of commerce with a name, character, or use components, and render[ed] a new and
• Attach the toner cartridge and distinct from that of the article or articles distinct article of commerce that
adjust the darkness sensor. from which it was so transformed. possesse[d] a new name, character, and
b. Test Copying. After the assembly use.’’
adjustments are complete, the unit See also, 19 CFR 177.22(a). A In HRL 562495, dated November 13,
undergoes alignments by running test substantial transformation ‘‘results in an 2002, color ink jet printers were
copies to confirm the following article having a name, character, or use assembled in Singapore of components
functions: Paper placement; print differing from that of the imported imported from a number of other
darkness; optical images; print article.’’ Uniroyal, Inc. v. United States, countries. In that ruling, we determined
placement; color balance for printer 542 F. Supp. 1026, 1029 (Ct. Int’l Trade that the imported components were
engine and print output; color pattern 1982), aff’d, 702 F.2d 1022 (Fed. Cir. substantially transformed during
chart; manual copy; print and image 1983). assembly such that the country of origin
output; two-sided copying; feeder In determining whether the of the assembled ink jet printers was
functions; intermediate tone process combining of parts or materials Singapore. In support of this
control for various printing modes (i.e., constitutes a substantial transformation, determination, we considered the
letter, photograph, and combination); the determinative issue is the extent of processing occurring within Singapore
print output from an attached computer; operations performed and whether the to be complex and extensive, requiring
USB cable connection; and memory. parts lose their identity and become an the integration of 13 major
After testing is complete, each unit is integral part of the new article. See subassemblies to the chassis, and that
reset to the default position to prepare Belcrest Linens v. United States, 573 F. the resulting product was a new and
for final inspection and packaging for Supp. 1149 (Ct. Int’l Trade 1983), aff’d, distinct article of commerce that
shipment. 741 F.2d 1368 (Fed. Cir. 1984). possessed a new name, character, and
Assembly operations that are minimal use.
4. Final Inspection and Packaging or simple, as opposed to complex or In HRL 561734, dated March 22, 2001,
The finished assembly is prepared for meaningful, will generally not result in published in the Federal Register on
shipment by removing the drum a substantial transformation. See C.S.D. March 29, 2001 (66 FR 17222), we held
cartridges, toner cartridges, and 80–111, C.S.D. 85–25, C.S.D. 89–110, that certain multifunctional machines
developer cartridges used for testing C.S.D. 89–118, C.S.D. 90–51, and C.S.D. (consisting of printer, copier, and fax
purposes and by cleaning the color 90–97. In C.S.D. 85–25, 19 Cust. Bull. machines) assembled in Japan were a
toner pipes, printing mechanism, 844 (1985), CBP held that for purposes product of that country for purposes of
scanner surface, and exterior. New drum of the Generalized System of U.S. Government procurement. The
and developer cartridges are inserted Preferences (‘‘GSP’’), the assembly of a multifunctional machines were
and secured to the unit. An operator large number of fabricated components assembled from 227 parts (108 parts
conducts a final inspection that onto a printed circuit board in a process obtained from Japan, 92 from Thailand,
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includes testing the power supply, the involving a considerable amount of time 3 from China, and 24 from other
LCD display panel, sensors, and proper and skill resulted in a substantial countries) and eight subassemblies, each
operation of the unit. After final transformation. In that case, in excess of of which was assembled in Japan. One
inspection, the finished unit is packaged 50 discrete fabricated components (such of the subassemblies produced in Japan,
for shipping. as resistors, capacitors, diodes, referred to as the scanner unit, was

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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 9017

described as the ‘‘heart of the machine.’’ assembled in China, we find that DEPARTMENT OF HOMELAND
In finding that the imported parts were enough of the Japanese subassemblies SECURITY
substantially transformed in Japan, we and individual components serve major
stated that the individual parts and functions and are high in value, in U.S. Citizenship and Immigration
components lost their separate identities particular, the transfer belt, control box Services
when they became part of the unit, application-specific integrated [CIS No. 2394–06; DHS Docket No. USCIS–
multifunctional machine. See also HRL circuits, charged couple device, and 2006–0051]
561568, dated March 22, 2001, laser diodes. The process unit
published in the Federal Register on subassembly is also crucial in the RIN 1615–ZA40
March 29, 2001 (66 FR 17222). performance of the multifunctional
By contrast, assembly operations that systems. While it is assembled in China, Special FOIA Processing Track for
are minimal or simple will generally not its key components, the developer and Individuals Appearing Before an
result in a substantial transformation. toner materials, and drums are Immigration Judge
For example, in HRL 734050, dated June produced in Japan. AGENCY: U.S. Citizenship and
17, 1991, we determined that Japanese- Furthermore, it is significant that Immigration Services, DHS.
origin components were not although the PWB is of Chinese origin, ACTION: Notice.
substantially transformed in China the firmware for the control box unit
when assembled in that country to form subassembly is developed in Japan. This SUMMARY: U.S. Citizenship and
finished printers. The printers consisted firmware programming controls the Immigration Services (USCIS) is
of five main components identified as print engine, readout mechanism, improving its processing of Freedom of
the ‘‘head,’’ ‘‘mechanism,’’ ‘‘circuit,’’ processes images for the copier, printer, Information Act (FOIA) requests from
‘‘power source,’’ and ‘‘outer case.’’ The fax, and scanner, and controls the the general public by establishing a
circuit, power source and outer case operation panel display. We further note third processing track for individuals
units were entirely assembled or that the testing and adjustments appearing before an immigration court.
molded in Japan. The head and performed in Japan are technical and Currently, a large portion of FOIA
mechanical units were made in Japan complex. Finally, the assembly requests are submitted by individuals
but exported to China in an operations that occur in Japan are who have received a Notice To Appear
unassembled state. All five units were sufficiently complex and meaningful. for a hearing before an immigration
exported to China where the head and Through the product assembly and judge or by such individuals’ attorneys
mechanical units were assembled with testing and adjustment operations, the or representatives. By creating an
screws and screwdrivers. Thereafter, the individual components and additional processing track, USCIS will
head, mechanism, circuit, and power subassemblies of Japanese and foreign- be able to provide the public with more
source units were mounted onto the origin are subsumed into a new and expeditious service and to thereby
outer case with screws. In holding that distinct article of commerce that has a improve customer satisfaction.
the country of origin for marking new name, character, and use. DATES: This notice is effective March 30,
purposes was Japan, CBP recognized Therefore, we find that the country of 2007.
that the vast majority of the printer’s origin of the J-Models digital color FOR FURTHER INFORMATION CONTACT:
parts were of Japanese origin and that multifunctional systems for purposes of
the operations performed in China were Brian J. Welsh, Chief, Freedom of
U.S. Government procurement is Japan. Information Act and Privacy Act, U.S.
relatively simple assembly operations. Holding:
In order to determine whether a Citizenship and Immigration Services,
Based on the facts of this case, we
substantial transformation occurs when Department of Homeland Security, P.O.
find that the processing in Japan
components of various origins are Box 648010, Lee’s Summit, Missouri
substantially transforms the non-
assembled to form multifunctional 64064, Phone: 816–350–5785, E-Mail:
Japanese components. Therefore, the
machines, CBP considers the totality of uscis.foia@dhs.gov .
country of origin of the Sharp digital
the circumstances and makes such color multifunctional systems (Model SUPPLEMENTARY INFORMATION:
decisions on a case-by-case basis. The Nos. MX–2300NJ and MX–2700NJ) is Background:
primary considerations in such cases are Japan for purposes of U.S. Government
the country of origin of the machine’s Under the Freedom of Information
procurement.
components and subassemblies, extent Notice of this final determination will Act, 5 U.S.C. 552 (‘‘FOIA’’), the Privacy
of processing that occurs within a given be given in the Federal Register as Act, 5 U.S.C. 552a, and the Department
country, and whether such processing required by 19 CFR 177.29. Any party- of Homeland Security’s implementing
renders a product with a new name, at-interest other than the party that regulations located at 6 CFR 5.5(b), the
character, and use. In addition, facts requested this final determination may Secretary of Homeland Security may use
such as resources expended on product request, pursuant to 19 CFR 177.31, that two or more processing tracks for
design and development, extent and CBP reexamine the matter anew and responding to FOIA requests. Currently,
nature of post-assembly inspection issue a new final determination. Any USCIS has two tracks: Track 1 is for less
procedures, and worker skills required party-at-interest may, within 30 days complex requests that can be processed
during the actual manufacturing process after publication of the Federal Register in 20 working days or less. Track 2 is
will be considered when analyzing notice reference above, seek judicial for complex requests that may require
whether a substantial transformation review of this final determination before more than 20 working days to process
has occurred; however, no single factor the U.S. Court of International Trade. and that include searching and line-by-
is determinative. line review of numerous pages of
Based on the facts and law of this Sincerely, information. With this notice, USCIS
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case, we find that the assembled J- Sandra L. Bell, will establish a third processing track,
Model multifunctional systems are Executive Director, Office of Regulations and the ‘‘Notice To Appear’’ track, which
Rulings, Office of International Trade.
products of Japan for purposes of U.S. will allow for accelerated access to the
Government procurement. Although [FR Doc. E7–3482 Filed 2–27–07; 8:45 am] Alien-File (A–File) for those individuals
several of the subassemblies are BILLING CODE 9111–14–P who have been served with a charging

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