Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 80799 

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). 

In rendering advisory rulings and 

final determinations for purposes of 

U.S. Government procurement, CBP 

applies the provisions of subpart B of 

Part 177 consistent with the Federal 

Procurement Regulations. See 19 CFR 

177.21. In this regard, CBP recognizes 

that the Federal Acquisition Regulations 

restrict the U.S. Government’s purchase 

of products to U.S.-made or designated 

country end products for acquisitions 

subject to the TAA. See 48 CFR 

25.403(c)(1). The Federal Acquisition 

Regulations define ‘‘U.S.-made end 

product’’ as: 

. . . an article that is mined, produced, or 

manufactured in the United States or that is 

substantially transformed in the United 

States 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 transformed. 

The regulations define a ‘‘designated 

country end product’’ as: 

WTO GPA [World Trade Organization 

Government Procurement Agreement] 

country end product, an FTA [Free Trade 

Agreement] country end product, a least 

developed country end product, or a 

Caribbean Basin country end product. 

A ‘‘WTO GPA country end product’’ 

is defined as an article that: 

(1) Is wholly the growth, product, or 

manufacture of a WTO GPA country; or 

(2) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in a WTO GPA country 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 

transformed. The term refers to a product 

offered for purchase under a supply contract, 

but for purposes of calculating the value of 

the end product includes services (except 

transportation services) incidental to the 

article, provided that the value of those 

incidental services does not exceed that of 

the article itself. 

See 48 CFR 25.003. 

China is not a WTO GPA country. 

The article imported into the United 

States is the Whoop Strap assembled 

hardware consisting of a sensor, PCBA, 

battery and housing with a cover placed 

over the case/kit. The article, in its 

condition as imported, is incomplete 

and non-functional as it lacks the 

software and firmware necessary for it 

to function. The incomplete Whoop 

Strap, at the time of importation, is a 

product of China. CBP is of the view 

that programming would not result in a 

substantial transformation. This is 

consistent with CBP’s prior 

determination in H284523 dated August 

22, 2017, where CBP held that an 

imported tablet did not undergo a 

substantial transformation by 

programming. See also H284617 dated 

February 21, 2018. 

CBP’s authority to issue advisory 

rulings and final determinations is set 

forth in 19 U.S.C. 2515(b)(1), which 

states: 

For the purposes of this subchapter, the 

Secretary of the Treasury shall provide for 

the prompt issuance of advisory rulings and 

final determinations on whether, under 

section 2518(4)(B) of this title, an article is 

or would be a product of a foreign country 

or instrumentality designated pursuant to 

section 2511(b) of this title. 

Emphasis added. 

Therefore, the Whoop Strap would 

not be considered to be the product of 

a foreign country or instrumentality 

designated pursuant to 19 U.S.C. 

2511(b). As to whether the Whoop Strap 

processed in the United States may be 

considered a ‘‘U.S.-made end product’’ 

is under the jurisdiction of the 

procuring agency. See Acetris Health, 

LLC. v. United States, No. 2018–2399 

(Fed. Cir. February 10, 2020). 

Holding: 

The incomplete Whoop Strap and the 

programming in the United States 

would not render it to be a product of 

a foreign country or instrumentality 

designated pursuant to 19 U.S.C. 

2511(b). You may wish to check the 

classification of this product to 

determine if it may be subject to any 

Section 301 duties upon importation. 

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 and Rulings, 

Office of Trade. 

[FR Doc. 2020–26342 Filed 12–11–20; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2014–0022] 

Technical Mapping Advisory Council; 

Meeting 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Committee Management; Notice 

of Federal Advisory Committee meeting. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) Technical 

Mapping Advisory Council (TMAC) will 

hold a virtual meeting on Tuesday, 

January 19 and Wednesday, January 20, 

2021. The meeting will be open to the 

public via a Zoom Video 

Communications link. 

DATES: The TMAC will meet on 

Tuesday, January 19 and Wednesday 

January 20, 2021, from 10 a.m. to 4 p.m. 

Eastern Time (ET). Please note that the 

meeting will close early if the TMAC 

has completed its business. 

ADDRESSES: The meeting will be held 

virtually using the following Zoom 

Video Communications link (https://

fema.zoomgov.com/j/16195624614) and 

password (875873) to share meeting 

visuals and audio. Audio is also 

accessible using a Zoom call in number 

(1–669–254–5252) along with the 

Meeting Identification (16195624614) 

and password. Members of the public 

who wish to attend the virtual meeting 

must register in advance by sending an 

email to FEMA-TMAC@fema.dhs.gov 

(Attention: Michael Nakagaki) by 5 p.m. 

ET on Friday, January 15, 2021. For 

information on services for individuals 

with disabilities or to request special 

assistance at the meeting, contact the 

person listed below by Friday, January 

15, 2021. 

To facilitate public participation, 

members of the public are invited to 

provide written comments on the issues 

to be considered by the TMAC, as listed 

in the SUPPLEMENTARY INFORMATION

caption below. Associated meeting 

materials will be available at the TMAC 

website (https://www.fema.gov/floodmaps/guidance-partners/technicalmapping-advisory-council) for review 

by Friday January 15, 2021. Written 

comments to be considered by the 

committee at the time of the meeting 

must be submitted and received by 

Friday January 15, 2021, identified by 

Docket ID FEMA–2014–0022, and 

submitted by the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 


jbell on DSKJLSW7X2PROD with NOTICES
80800 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 

1The CIPAC was established consistent with 6 

U.S.C. 121 and 6 U.S.C. 451(a). Pursuant to the 

Cybersecurity and Infrastructure Security Agency 

Act of 2018, the National Protection and Programs 

Directorate (NPPD) was re-designated as CISA and 

the authorities related to the CIPAC under 6 U.S.C. 

121 were transferred to 6 U.S.C. 652. 

Email: Address the email to FEMATMAC@fema.dhs.gov. Include the 

docket number in the subject line of the 

message. Include name and contact 

information in the body of the email. 

Instructions: All submissions received 

must include the words ‘‘Federal 

Emergency Management Agency’’ and 

the docket number for this action. 

Comments received will be posted 

without alteration at http://

www.regulations.gov, including any 

personal information provided. 

Docket: For docket access to read 

background documents or comments 

received by the TMAC, go to http://

www.regulations.gov and search for the 

Docket ID FEMA–2014–0022. 

A public comment period will be held 

on Tuesday, January 19, 2021, from 12 

p.m. to 12:30 p.m. ET and Wednesday, 

January 20, 2021, from 12 p.m. to 12:30 

p.m. ET. The public comment period 

will not exceed 30 minutes. Please note 

that the public comment period may 

end before the time indicated, following 

the last call for comments. Contact the 

individual listed below to register as a 

speaker by close of business on Friday, 

January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Michael Nakagaki, Designated Federal 

Officer for the TMAC, FEMA, 400 C 

Street SW, Washington, DC 20024, (202) 

212–2148, michael.nakagaki@

fema.dhs.gov. The TMAC website is: 

https://www.fema.gov/flood-maps/ 

guidance-partners/technical-mappingadvisory-council 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

(Pub. L. 92–463). 

In accordance with the Biggert-Waters 

Flood Insurance Reform Act of 2012, the 

TMAC makes recommendations to the 

FEMA Administrator on: (1) How to 

improve, in a cost-effective manner, the 

(a) accuracy, general quality, ease of use, 

and distribution and dissemination of 

flood insurance rate maps and risk data; 

and (b) performance metrics and 

milestones required to effectively and 

efficiently map flood risk areas in the 

United States; (2) mapping standards 

and guidelines for (a) flood insurance 

rate maps, and (b) data accuracy, data 

quality, data currency, and data 

eligibility; (3) how to maintain, on an 

ongoing basis, flood insurance rate maps 

and flood risk identification; (4) 

procedures for delegating mapping 

activities to State and local mapping 

partners; and (5) (a) methods for 

improving interagency and 

intergovernmental coordination on 

flood mapping and flood risk 

determination, and (b) a funding 

strategy to leverage and coordinate 

budgets and expenditures across Federal 

agencies. Furthermore, the TMAC is 

required to submit an annual report to 

the FEMA Administrator that contains: 

(1) A description of the activities of the 

Council; (2) an evaluation of the status 

and performance of flood insurance rate 

maps and mapping activities to revise 

and update Flood Insurance Rate Maps; 

and (3) a summary of recommendations 

made by the Council to the FEMA 

Administrator. 

Agenda: The purpose of this meeting 

is for the TMAC members to hold a vote 

to submit the final report to the FEMA 

Administrator. Any related materials 

will be posted to the FEMA TMAC site 

prior to the meeting to provide the 

public an opportunity to review the 

materials. The full agenda and related 

meeting materials will be posted for 

review by Friday, January 15, 2021, at 

https://www.fema.gov/flood-maps/ 

guidance-partners/technical-mappingadvisory-council. 

Michael M. Grimm, 

Assistant Administrator for Risk 

Management, Federal Emergency 

Management Agency. 

[FR Doc. 2020–27374 Filed 12–11–20; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Notice of the Renewal of the Critical 

Infrastructure Partnership Advisory 

Council Charter 

AGENCY: Cybersecurity and 

Infrastructure Security Agency (CISA), 

DHS. 

ACTION: Notice of availability; renewal of 

the Critical Infrastructure Partnership 

Advisory Council Charter. 

SUMMARY: On November 30, 2020, the 

Department renewed the Critical 

Infrastructure Partnership Advisory 

Council (CIPAC)Charter. Through this 

notice, the Department is making the 

renewed CIPAC Charter publicly 

available and highlighting updated 

information and guidelines that have 

been included in the renewed charter. 

FOR FURTHER INFORMATION CONTACT: 

Ginger K. Norris, 202–441–5885, 

ginger.norris@cisa.dhs.gov. 

SUPPLEMENTARY INFORMATION: DHS 

established the CIPAC on March 24, 

2006.1 (71 FR 14930). The CIPAC 

facilitates interactions between 

government officials and representatives 

of owners and/or operators for each of 

the critical infrastructure sectors 

established by Presidential Policy 

Directive 21 and identified in the 

current National Infrastructure 

Protection Plan. Please visit https://

www.cisa.gov/critical-infrastructurepartnership-advisory-council for more 

information on CIPAC, activities 

supported by CIPAC, CIPAC 

Membership Roster, and Council 

information. 

On November 30, 2020, the Secretary 

of Homeland Security, renewed the 

CIPAC Charter for an additional two 

years. The renewed CIPAC Charter 

supersedes the CIPAC Charter dated 

November 30, 2018 and is available on 

the CIPAC website at https://

www.cisa.gov/critical-infrastructurepartnership-advisory-council. The 

renewed CIPAC Charter includes 

updated information and guidelines 

concerning: (1) The formation, 

governance, and responsibilities of 

councils, working groups, and cross 

sector activities,(2) ethics and integrity 

standards applicable to CIPAC 

participants,(3) information sharing 

requirements; and (4) provisions 

authorizing training on new ethics 

standards and information sharing 

requirements. 

Ginger K. Norris, 

Designated Federal Official, Critical 

Infrastructure Partnership Advisory Council, 

Cybersecurity and Infrastructure Security 

Agency, Department of Homeland Security. 

[FR Doc. 2020–27365 Filed 12–11–20; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2020–0015] 

Privacy Act of 1974; System of 

Records 

AGENCY: Privacy Office, U.S. 

Department of Homeland Security. 

ACTION: Notice of a New System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the U.S. 

Department of Homeland Security 

(DHS) proposes to establish a new DHS 

system of records titled, ‘‘U.S. 

Department of Homeland Security/ALL– 

046 Counterintelligence Program 

System of Records.’’ This system of 

records allows DHS to collect and 

maintain records as part of the unified 


jbell on DSKJLSW7X2PROD with NOTICES