79204 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 

Department of Health and Human 

Services. Information about the CICP is 

available at the toll-free number 1–855– 

266–2427 or http://www.hrsa.gov/cicp/. 

XV. Amendments 

42 U.S.C. 247d–6d(b)(4) 

Amendments to this Declaration will 

be published in the Federal Register, as 

warranted. 

Authority: 42 U.S.C. 247d–6d 

Dated: December 2, 2020. 

Alex M. Azar II, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2020–26972 Filed 12–8–20; 8:45 am] 

BILLING CODE 4150–37–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Office of the Director, National 

Institutes of Health; Amended Notice 

of Meeting 

Notice is hereby given of a change in 

the meeting of the Advisory Committee 

to the Director, National Institutes of 

Health, December 10, 12:00 p.m. to 

December 11, 05:00 p.m. National 

Institutes of Health, Building 1, Wilson 

Hall, 1 Center Drive, Bethesda, MD, 

20892 (Virtual Meeting) which was 

published in the Federal Register on 

11/30/2020, 85 FR 76590. 

The meeting notice is amended to 

change the meeting start time on 

December 10, 2020 from 12:00 p.m. to 

12:30 p.m. The meeting is open to the 

public. 

Dated: December 4, 2020. 

Natasha M. Copeland, 

Deputy Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2020–27055 Filed 12–8–20; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning Three 

Vehicle Tracking Devices, a Satellite 

Device, an NFC Reader, and an NFC 

Keyring FOB 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of final determination. 

SUMMARY: This document provides 

notice that U.S. Customs and Border 

Protection (CBP) has issued a final 

determination concerning the country of 

origin of three vehicle tracking devices, 

a satellite device, a near field 

communication (NFC) reader, and an 

NFC keyring fob. Based upon the facts 

presented, CBP has concluded that the 

country of origin of the three vehicle 

tracking devices, the satellite device, 

and the NFC reader is Canada for 

purposes of U.S. Government 

procurement. The country of origin of 

the NFC keyring fob will be determined 

by the country of origin of the 

contactless integrated circuit (IC), which 

is usually Taiwan, but if unavailable, 

then either Thailand or Singapore will 

be the source country and the country 

of origin for purposes of U.S. 

Government procurement. 

DATES: The final determination was 

issued on November 25, 2020. A copy 

of the final determination is attached. 

Any party-at-interest, as defined in 19 

CFR 177.22(d), may seek judicial review 

of this final determination within 

January 8, 2021. 

FOR FURTHER INFORMATION CONTACT: Beth 

Jenior, Valuation and Special Programs 

Branch, Regulations and Rulings, Office 

of Trade, at (202) 325–0347. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on November 25, 

2020, pursuant to subpart B of part 177, 

U.S. Customs and Border Protection 

Regulations (19 CFR part 177, subpart 

B), CBP issued a final determination 

concerning the country of origin of three 

vehicle tracking devices, one satellite 

device, one NFC reader, and one NFC 

keyring fob imported by Geotab USA, 

Inc. (Geotab), which may be offered to 

the U.S. Government under an 

undesignated government procurement 

contract. This final determination, 

Headquarters Ruling Letter H309128, 

was issued under procedures set forth at 

19 CFR part 177, subpart B, which 

implements Title III of the Trade 

Agreements Act of 1979, as amended 

(19 U.S.C. 2511–18). In the final 

determination, CBP concluded that the 

country of origin of the three vehicle 

tracking devices, the satellite device, 

and the NFC reader is Canada for 

purposes of U.S. Government 

procurement. Regarding the NFC 

keyring fob, CBP concluded that the 

country of origin will be the country 

where the contactless integrated circuit 

is manufactured. In most cases, this will 

be Taiwan, but if the contactless 

integrated circuit cannot be sourced 

there, then it will be sourced from either 

Thailand or Singapore, and the 

corresponding sourcing country would 

then be the country of origin for 

purposes of U.S. Government 

procurement. 

Section 177.29, CBP Regulations (19 

CFR 177.29), provides that a notice of 

final determination shall be published 

in the Federal Register within 60 days 

of the date the final determination is 

issued. Section 177.30, CBP Regulations 

(19 CFR 177.30), provides that any 

party-at-interest, as defined in 19 CFR 

177.22(d), may seek judicial review of a 

final determination within 30 days of 

publication of such determination in the 

Federal Register. 

Dated: November 25, 2020. 

Alice A. Kipel, 

Executive Director, Regulations and Rulings, 

Office of Trade. 

HQ H309128 

November 25, 2020 

OT:RR:CTF:VS H309128 EGJ 

CATEGORY: Origin 

Mr. James Lay 

Geotab USA, Inc. 

770 E Pilot Rd., Suite A 

Las Vegas, NV 89119 

Re: U.S. Government Procurement; 

Country of Origin of Three Vehicle 

Tracking Devices, Satellite Device, NFC 

Reader, and NFC Keyring Fob; 

Substantial Transformation 

Dear Mr. Lay 

This is in response to your ruling 

request, dated February 6, 2020, 

requesting a final determination on 

behalf of Geotab USA, Inc. (‘‘Geotab’’) 

pursuant to subpart B of Part 177 of the 

U.S. Customs and Border Protection 

(‘‘CBP’’) Regulations (19 CFR part 177). 

This final determination concerns the 

country of origin of three vehicle 

tracking devices, one satellite device, 

one near field communication (‘‘NFC’’) 

reader, and one NFC identification 

keyring fob. As a U.S. importer, Geotab 

is a party-at-interest within the meaning 

of 19 CFR 177.22(d)(1) and is entitled to 

request this final determination. 

Facts 

Geotab is a technology company 

which designs and imports vehicle 

tracking systems, and has submitted six 

different products for our review. The 

products’ descriptions, pictures, and 

manufacturing processes are set forth 

below. 

Product Descriptions 

The first three products are telematics 

devices, which are designed to transmit 

vehicle tracking information over long 

distances. Specifically, the three 

products are: 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 79205 

1See ‘‘Everything you need to know about NFC 

and mobile payments,’’ CNET (September 9, 2014) 

available at https://www.cnet.com/how-to/how-nfcworks-and-mobile-payments/. 

• The GO9 device and its component 

harnesses; 

• The GO9–NOGPSF, which is a GO9 

device with the GPS permanently 

disabled, and its component harness; 

and 

• The GR8 (ATT–GRLTEA1), which 

is a rugged version of the GO8 device 

that can be used for harsh conditions 

and installed on the exterior of a 

vehicle, for example on a truck trailer or 

on heavy equipment, and its component 

harness. 

You state that the three vehicle 

tracking devices are very similar in 

design. When each end product is 

packaged, it includes the tracking 

device with one or more harnesses 

(communications and data cables), and 

other minor components, such as zip 

ties, mounting brackets, decals or 

stickers, and screws. A harness may be 

an external component that is plugged 

into the device or it may be a 

component built into the item. You have 

provided the following picture of the 

GO9 device, which does not have a 

built-in harness: 

You have also provided the following 

picture of the GR8 device, which does 

have a built-in harness: 

In addition, you have asked for a 

determination of the country of origin of 

a satellite device, which is an auxiliary 

item that plugs into a GO9 or GO8 

device and that allows the GO9 or GO8 

device to communicate over the satellite 

network when cellular connectivity is 

lost. The satellite add-on is a single 

device with two external components. 

Pictured below, it consists of the 

satellite device (the silver box on the 

lower left side), an IOX integrated 

receiver/decoder (IRD) (the rectangular 

unit at the bottom of the image), and an 

external antenna (the black square unit 

on the top right of the image), which are 

delivered connected together with a zip 

tie: 

Finally, you have also requested a 

determination regarding an NFC reader 

and an NFC keyring fob, described as 

follows: 

• An IOX NFC reader (IOX–NFC– 

READERA), which allows dispatchers or 

managers to easily view where each 

driver is at any point in time and to 

monitor each driver as s/he operates a 

vehicle; and 

• An NFC identification keyring fob 

(GEO–NFC FOB BLUE20), used in 

conjunction with the NFC reader to 

identify the individual driver operating 

a vehicle. 

NFC technology allows two devices 

placed within a few centimeters of each 

other to exchange data. In order for this 

to work, both devices must be equipped 

with an NFC chip and an antenna.1

According to your website, the NFC 

reader plugs into the Geotab vehicle 

tracking device. Each authorized vehicle 

driver has an assigned NFC keyring fob 

with a specific serial number assigned 

to that driver. The driver swipes the 

NFC keyring fob across the NFC reader 

before beginning the trip so that the 

vehicle tracking device can register who 

is driving the vehicle. See ‘‘NFC Driver 

ID Technology: How to Use and Install,’’ 

(April 5, 2018) available at https://

www.geotab.com/blog/driver-id/. 

You state that the NFC reader is a 

single unit featuring a black rectangular 

casing and a long connecting wire. It is 

pictured below with the NFC keyring 

fob (the blue item with an attached key 

ring, second from the right) and other 

minor components, such as the 

mounting bracket and screws, double 

sided tape for installation (the red item), 

the NFC sticker (the item on the far 

right), and a zip tie. You note that the 

NFC keyring fob and the sticker are sold 

separately. 

Three Vehicle Tracking Devices 

You state that the GO9, the GO9– 

NOGPSF, and the GR8 vehicle tracking 

devices all have a similar manufacturing 

process. Each device consists of both 

Canadian and non-Canadian 

components, and two main components 

of each product are a printed circuit 

board assembly (‘‘PCBA’’) and 

proprietary software. The PCBAs for 

each of these products are manufactured 

in Canada. Additionally, all of the 

PCBAs for these three devices are 

loaded with software developed in 

Canada. You have provided us with the 

details of the manufacturing process for 

the GO9 device as a representative 

example. 

For the GO9 and other two devices, 

most of the components are imported 

into Canada from China. At a facility in 

Canada, the PCBAs are assembled from 

two major components: A main card 

and a daughter card. To produce these 

two boards, blank printed circuit boards 

are run through surface mount 

technology (‘‘SMT’’) machines and are 

populated with different components. 

The GPS device is surface mounted to 

the main board and an antenna is 

attached to the daughter board. Next, 

the two boards are combined together 

into a single PCBA. 

The inert PCBAs are shipped from the 

manufacturing facility to Geotab’s 

facility which is also in Ontario, 

Canada. At Geotab’s facility, the 

following six processes are performed: 

(1) Programming and testing, (2) closing, 

(3) scanning, (4) packaging, (5) labeling, 

and (6) debugging. During the first 

programming and testing phase, Geotab 

loads the final firmware and 

configurations onto the PCBA’s 

subassembly. This firmware was also 

developed in Canada. Then a SIM card 

is placed into the subassembly and the 

unit is tested. Various labels are affixed 

to parts of the unit, including the casing. 

The subassembly is inserted into the 

casing, then the unit is tested, 

inspected, and finally the casing is 

closed. Then the light pipe, labels, and 

decals are added. The device is placed 

in a box with its product literature and 

zip tie. 


jbell on DSKJLSW7X2PROD with NOTICESEN09DE20.000</GPH> EN09DE20.001</GPH> EN09DE20.002</GPH> EN09DE20.003</GPH>
79206 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 

You note that the harness is a 

communication and data cable that is 

either hard-wired into the device or 

plugs into the device. The harness 

allows interaction between the device 

and the vehicle; it also provides 

connectivity to facilitate the 

transmission and collection of data. In 

many instances, an external harness is 

not necessary because the device can be 

plugged directly into the vehicle’s OnBoard Diagnostics (‘‘OBD’’) port. You 

state the harnesses are subsidiary items, 

and that all of harnesses for these 

devices are currently sourced from 

China. You state that the devices are 

packaged together with their harnesses 

when they are shipped to the final 

customer in the United States. 

IOX Satellite Add-On 

Turning to the satellite device, it is 

made up of three major components 

which connect to each other via an 

electrical cord: The satellite box, an IOX 

integrated receiver/decoder (‘‘IRD’’), and 

an external antenna. The satellite box 

contains a PCBA, an internal antenna, 

and a modem. All of the discrete 

components of the satellite box are 

imported into Canada. The blank board 

is populated with the discrete 

components, including the modem, 

using SMT equipment at a facility in 

Canada. Then, the PCBA is shipped to 

Geotab’s facility in Canada. At Geotab, 

the antenna is attached to the PCBA, 

which is then tested and packaged in its 

outer casing. This finished satellite box 

is the component that provides an 

alternative data connection based on a 

satellite signal when the GO device 

loses its cell tower based signal. 

The IRD is the component which 

communicates and facilitates the data 

flow between the satellite box and the 

vehicle tracking device. The IRD is built 

in China, where it is loaded with 

proprietary software developed by 

Geotab in Canada. It is shipped to 

Canada to be packaged together with the 

satellite box. The final component is the 

external antenna, which is completely 

manufactured in China and shipped to 

Canada to be packaged together for 

shipment with the other two 

components. 

NFC Reader 

With regard to the NFC Reader, it 

contains two PCBAs, a main board, and 

an antenna board. Just like the 

components for the vehicle tracking 

devices, most of the components of 

these PCBAs are imported from China. 

At a Canadian facility, the blank 

imported boards are all populated with 

their components using SMT 

equipment. The two PCBAs and the two 

boards are combined together into a 

single assembly. The new PCBA 

subassembly is loaded with Geotab 

firmware developed in Canada. In 

addition, the NFC reader’s harness from 

China is wired into the PCBA at this 

facility. 

Next, the PCBA subassembly is 

shipped to Geotab’s Ontario facility, 

where it is inserted between two plastic 

pieces which will form the outer casing. 

The unit is tested, labelled, and 

packaged with a mounting bracket and 

a zip tie for delivery to customers. 

NFC Fobs 

With regard to the NFC fobs, they are 

manufactured in Taiwan. Each fob is 

made up of the following parts, sourced 

in Taiwan: (1) Plastic casing, (2) an 

‘‘Ultralight C—contactless ticket 

integrated circuit (‘‘IC’’) chip,’’ (3) coil/ 

antenna, (4) metal ring, and (5) label 

paint. However, you note that 

occasionally the manufacturer in 

Taiwan is unable to source the 

contactless IC in Taiwan. In those 

instances, the manufacturer will source 

the IC from either Thailand or 

Singapore. The fob’s assembly always 

takes place in Taiwan. 

After the finished fobs are imported 

into Canada, Geotab programs a serial 

number into each fob so that it can be 

uniquely identified. Then, Geotab marks 

the fobs and packages them into packs 

of 20 each for export. 

Issue 

What is the country of origin of the 

three vehicle tracking devices, the 

satellite device, the NFC reader, and the 

NFC keyring fob for purposes of U.S. 

Government procurement? 

Law and Analysis 

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, 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.). 

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). 

The test for determining whether a 

substantial transformation will occur is 

whether an article emerges from a 

process with a new name, character or 

use, different from that possessed by the 

article prior to processing. See Texas 

Instruments Inc. v. United States, 69 

C.C.P.A. 151 (1982). In order to 

determine whether a substantial 

transformation has occurred, CBP 

considers the totality of the 

circumstances and makes such 

determinations on a case-by-case basis. 

CBP has stated that a new and different 

article of commerce is an article that has 

undergone a change in commercial 

designation or identity, fundamental 

character, or commercial use. A 

determinative issue is the extent of the 

operations performed and whether the 

materials lose their identity and become 

an integral part of the new article. This 

determination is based on the totality of 

the evidence. See National Hand Tool 

Corp. v. United States, 16 CIT 308 

(1992), aff’d, 989 F.2d 1201 (Fed. Cir. 

1993). 

Three Vehicle Tracking Devices and the 

NFC Reader 

In Data General v. United States, 4 

CIT 182 (1982), the court determined 

that for purposes of determining 

eligibility under item 807.00, Tariff 

Schedules of the United States 

(predecessor to subheading 9802.00.80, 

Harmonized Tariff Schedule of the 

United States), the programming of a 

foreign PROM (Programmable ReadOnly Memory chip) in the United States 

substantially transformed the PROM 

into a U.S. article. The court noted that 

the programs were developed by a U.S. 

project engineer with many years of 

experience in ‘‘designing and building 

hardware.’’ In addition, the court noted 

that while replicating the program 

pattern from a ‘‘master’’ PROM may be 

a quick one-step process, the 

development of the pattern and the 

production of the ‘‘master’’ PROM 

required much time and expertise. The 

court noted that it was undisputed that 

programming altered the character of a 

PROM. 

Accordingly, in some cases we have 

found that programming a device in the 

same country where the software was 

developed can constitute a substantial 

transformation. In HQ 558868, dated 

February 23, 1995, we determined that 

blank cards embedded with microchips 

were substantially transformed when 

they were imported into the United 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 79207 

States and programmed into Secure ID 

cards using software developed in the 

United States. We took the view that the 

programming changed the blank card 

from a card with many potential 

applications into a card that could only 

be used to enable the user to log into a 

secured computer. See also HQ 735027, 

dated September 7, 1993 (programming 

imported blank media (EEPROM) with 

U.S. software in the United States 

substantially transformed it into media 

which prevented the piracy of software). 

We note that all four of these devices 

contain software developed and 

downloaded onto them in Canada. In 

addition to the software, these four 

devices all contain PCBAs built in 

Canada. The blank boards and the 

various capacitors, resistors, and other 

elements are permanently combined 

together using SMT machines at a 

facility in Canada. We note that the 

PCBAs are made up of a variety of parts 

from different countries, including nonTAA countries such as China. 

For the four relevant devices, we note 

that they are imported into Canada as 

bare boards, PCBA parts, external 

housing, and wire harnesses. When the 

PCBAs are built in Canada, programmed 

with Canadian software in Canada, and 

changed into a finished vehicle tracking 

device or NFC reader in Canada, we find 

that they have a different name, 

character, and use than the imported 

articles. Therefore, we find that the 

discrete parts of these four devices are 

substantially transformed in Canada. As 

such, the country of origin for the 

purposes of government procurement of 

the three vehicle tracking devices and 

the NFC reader is Canada. 

Satellite Device 

Unlike the vehicle tracking devices 

and reader, the satellite device is made 

up of three different components: The 

satellite box, the IRD, and the external 

antenna. The satellite box contains a 

PCBA populated in Canada, which 

incorporates a modem and an internal 

antenna. The satellite box is the part of 

the system which connects to the 

satellite system in the event the vehicle 

tracking device loses its connection to 

cellular tower signals. The IRD 

communicates with the vehicle tracking 

device, and the external antenna 

provides additional connectivity. Both 

the IRD and the external antenna are 

completely manufactured in China; 

however, the IRD is loaded with 

proprietary software developed in 

Canada. 

As stated previously in our analysis of 

the tracking devices and NFC reader, we 

have found that in certain situations, 

manufacturing a PCBA constitutes a 

substantial transformation. With regard 

to the satellite box, we find that 

populating a bare board with a modem, 

an internal antenna, and enclosing it in 

the finished housing constitutes a 

substantial transformation. The 

individual components lose their 

identities as modems, antennae, 

capacitors, and resistors—and have a 

new name, character, and use as a 

satellite device box. 

With regard to the remaining two 

components, we find that their country 

of origin is China. Although Canadian 

software is downloaded onto the IRD in 

China, we note that they are entirely 

manufactured in China. In HQ H241177, 

dated December 3, 2013, we examined 

Ethernet switches assembled to 

completion in Malaysia and then 

shipped to Singapore, where U.S.-origin 

software was downloaded onto the 

switches. In that ruling, we noted that: 

We find that the software 

downloading performed in Singapore 

does not amount to programming. 

Programming involves writing, testing 

and implementing code necessary to 

make a computer function in a certain 

way. See Data General supra. See also 

‘‘computer program’’, Encyclopedia 

Britannica (2013), (9/19/2013) http://

www.britannica.com/, which explains, 

in part, that ‘‘a program is prepared by 

first formulating a task and then 

expressing it in an appropriate 

computer language, presumably one 

suited to the application.’’ 

While the programming occurs in the 

U.S., the downloading occurs in 

Singapore. Given these facts, we find 

that the country where the last 

substantial transformation occurs is 

Malaysia, that is, where the major 

assembly processes are performed. The 

country of origin for purposes of U.S. 

Government procurement is Malaysia. 

Like the Ethernet switches referenced 

above, downloading Canadian software 

onto the IRD in China is not sufficient 

to substantially transform the device. 

However, we note that both the IRD and 

the external antenna are packaged 

together with the satellite box to form a 

finished satellite device system. All 

three components of the satellite device 

system operate as a single system when 

exported to the United States; therefore, 

we must determine the singular country 

of origin for the entire system. 

In determining the country of origin 

for the satellite device system, the Court 

of International Trade’s (‘‘CIT’’) analysis 

in Uniroyal, Inc. v. United States 

(‘‘Uniroyal’’) is instructive, wherein the 

CIT examined whether a finished shoe 

upper was substantially transformed 

when it was combined with the shoe’s 

outer sole. 3 CIT 220, 542 F. Supp. 1026 

(1982), aff’d 702 F.2d 1022 (Fed. Cir. 

1983). The CIT noted that ‘‘the upper— 

which in its condition as imported is 

already a substantially complete shoe— 

is readily recognizable as a distinct item 

apart from the outsole to which it is 

attached.’’ Id. at 224. In addition, the 

CIT cited to Grafton Spools, Ltd. v. 

United States, 45 Cust. Ct. 16 (1960), 

another substantial transformation case 

in which the U.S. Customs Court noted 

that purchasers of typewriter ribbons 

were buying the ribbon, and not the 

spool upon which the ribbon was 

wound. The CIT noted that ‘‘in Grafton 

Spools the ribbon and not the spool was 

the essence of the finished article, while 

here the upper is the essence of the 

completed shoe.’’ Id. at 226–227. In 

Uniroyal, the CIT ultimately concluded 

that adding the outer soles did not result 

in a substantial transformation of the 

uppers as the uppers were the very 

essence of the finished shoe. 

In the satellite device system, we find 

that it is the satellite box which is the 

‘‘very essence’’ of the finished system, 

while the other two devices perform 

subsidiary roles. The satellite box 

communicates with the satellite 

network when the vehicle tracking 

device loses its connection with cellular 

towers. The IRD facilitates the flow of 

information between the tracking device 

and the satellite box, while the external 

antenna boosts connectivity. For all of 

these reasons, we find that the country 

of origin of the complete system will be 

the country of origin of the satellite box. 

For government procurement purposes, 

the country of origin of the satellite 

device system will be Canada, where the 

PCBAs were populated with various 

components. 

NFC Keyring Fob 

With regard to the NFC fobs, each fob 

is made up of the following parts 

sourced in Taiwan: (1) Plastic casing, (2) 

an ‘‘Ultralight C—contactless ticket IC 

chip,’’ (3) coil/antenna, (4) metal ring, 

and (5) label paint. However, you note 

that occasionally the manufacturer in 

Taiwan is unable to source the 

contactless IC in Taiwan. In those 

instances, the manufacturer will source 

the IC from either Thailand or 

Singapore. The fob’s assembly always 

takes place in Taiwan. 

In Headquarters Ruling Letter (‘‘HQ’’) 

H303864, dated December 26, 2019, an 

electric motor from China was shipped 

to Mexico for assembly with the 

impeller, the seal, and the plastic 

housing to form the finished pump 

assembly. In that case, we noted that the 

assembly was rather simple—it involved 

press fitting the parts into each other. 

Moreover, the electric motor was the 


jbell on DSKJLSW7X2PROD with NOTICES
79208 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 

most expensive and substantive part of 

the finished pump assembly. We found 

that it imparted the ‘‘very essence’’ of 

the pump assembly, as it turned the 

impeller and moved the fluid through 

the pump. 

The question presented is whether the 

contactless IC is substantially 

transformed when it is assembled 

together with the other components. We 

note that in NFC technology, an NFC 

chip and an antenna are combined to 

transmit information across short 

distances. In this case, the driver’s serial 

ID number is transmitted to the NFC 

reader for tracking purposes. Therefore, 

the NFC chip is central to the function 

of the finished NFC fob. 

Similar to the shoe upper in Uniroyal, 

the ribbon in Grafton Spools, and the 

electric motor in HQ H303864, we find 

that the NFC chip constitutes the ‘‘very 

essence’’ of the finished NFC fob. After 

the chip is assembled into the finished 

fob, its use remains unchanged. 

Therefore, we find that the country of 

origin of the NFC fob will be the country 

where the NFC chip is produced. In 

most cases, the country of origin will be 

Taiwan, but when the Ultralight C— 

contactless ticket IC is unavailable from 

Taiwan, then the country of origin of the 

NFC fob will be where the chip is 

sourced, which in this case is either 

Thailand or Singapore. 

Holding 

The country of origin of the three 

telematics devices, the satellite devices, 

and the NFC reader for purposes of U.S. 

Government procurement is Canada. 

The country of origin of the NFC 

keyring fob for purposes of U.S. 

Government procurement is the country 

of origin of the contactless IC, which is 

usually Taiwan. However, if the 

contactless IC is sourced from Thailand 

or Singapore, then the country of origin 

for procurement would be Thailand or 

Singapore as the case may be. 

Notice of this final determination will 

be given in the Federal Register, as 

required by 19 CFR 177.29. Any partyat-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 partyat-interest may, within 30 days of 

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 & Rulings, 

Office of Trade. 

[FR Doc. 2020–27022 Filed 12–8–20; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2676–20; DHS Docket No. USCIS– 

2019–0020] 

RIN 1615–ZB83 

Continuation of Documentation for 

Beneficiaries of Temporary Protected 

Status Designations for El Salvador, 

Haiti, Nicaragua, Sudan, Honduras, 

and Nepal 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces actions to ensure its 

continued compliance with the 

preliminary injunction orders of the 

U.S. District Court for the Northern 

District of California in Ramos, et al. v. 

Nielsen, et. al., No. 18–cv–01554 (N.D. 

Cal. Oct. 3, 2018) (‘‘Ramos’’) and the 

U.S. District Court for the Eastern 

District of New York in Saget, et. al., v. 

Trump, et. al., No. 18–cv–1599 

(E.D.N.Y. Apr. 11, 2019) (‘‘Saget’’), and 

with the order of the U.S. District Court 

for the Northern District of California to 

stay proceedings in Bhattarai v. Nielsen, 

No. 19–cv–00731 (N.D. Cal. Mar. 12, 

2019) (‘‘Bhattarai’’). A panel of the U.S. 

Court of Appeals for the Ninth Circuit 

vacated the injunction in Ramos on 

September 14, 2020. However, because 

the appellate court has not issued its 

directive to the district court to make 

that ruling effective, the injunction 

remains in place at this time. See 

Ramos, et al., v. Wolf, et al., No. 18– 

16981 (9th Cir., September 14, 2020). 

Beneficiaries under the Temporary 

Protected Status (TPS) designations for 

El Salvador, Nicaragua, Sudan, 

Honduras, and Nepal will retain their 

TPS while the preliminary injunction in 

Ramos and the Bhattarai order remain 

in effect, provided that an alien’s TPS is 

not withdrawn because of individual 

ineligibility. Beneficiaries under the 

TPS designation for Haiti will retain 

their TPS while either of the 

preliminary injunctions in Ramos or 

Saget remain in effect, provided that an 

alien’s TPS is not withdrawn because of 

individual ineligibility. This notice 

further provides information on the 

automatic extension of the validity of 

TPS-related Employment Authorization 

Documents (EADs); Notices of Action 

(Forms I–797); and Arrival/Departure 

Records (Forms I–94), (collectively 

‘‘TPS-related documentation’’); for those 

beneficiaries under the TPS 

designations for El Salvador, Haiti, 

Nicaragua, Sudan, Honduras, and 

Nepal. 

DATES: DHS is automatically extending 

the validity of TPS-related 

documentation for beneficiaries under 

the TPS designations for El Salvador, 

Haiti, Nicaragua, Sudan, Honduras, and 

Nepal for nine months through October 

4, 2021, from the current expiration date 

of January 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Maureen Dunn, 

Chief, Humanitarian Affairs Division, 

Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, 

U.S. Department of Homeland Security, 

by mail at 5900 Capital Gateway Dr, 

Camp Springs, MD 20529–2140; or by 

phone at 800–375–5283. 

• For further information on TPS, 

please visit the USCIS TPS web page at 

www.uscis.gov/tps. 

• If you have additional questions 

about TPS, please visit uscis.gov/tools. 

Our online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 

your answers there, you may also call 

our U.S. Citizenship and Immigration 

Services (USCIS) Contact Center at 800– 

375–5283 (TTY 800–767–1833). 

• Applicants seeking information 

about the status of their individual cases 

may check Case Status Online, available 

on the USCIS website at www.uscis.gov, 

or visit the USCIS Contact Center at 

uscis.gov/contactcenter. 

• Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

EAD—Employment Authorization Document 

EOIR—Executive Office for Immigration 

Review 

FNC—Final Nonconfirmation 

Form I–765—Application for Employment 

Authorization 

Form I–797—Notice of Action 

Form I–821—Application for Temporary 

Protected Status 

Form I–9—Employment Eligibility 

Verification 

Form I–912—Request for Fee Waiver 

Form I–94—Arrival/Departure Record 

Government—U.S. Government 

INA—Immigration and Nationality Act 


jbell on DSKJLSW7X2PROD with NOTICES