Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 12487 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Diabetes and 

Digestive and Kidney Diseases; Notice 

of Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended, notice is hereby given of the 

following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Institute of 

Diabetes and Digestive and Kidney Diseases 

Special Emphasis Panel; Urology RC2 

applications. 

Date: April 2, 2021. 

Time: 11:00 a.m. to 12:30 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, Two 

Democracy Plaza, 6707 Democracy 

Boulevard, Bethesda, MD 20892, (Virtual 

Meeting). 

Contact Person: Ryan G. Morris, Ph.D., 

Scientific Review Officer, Review Branch, 

Division of Extramural Activities, NIDDK, 

National Institutes of Health, 6707 

Democracy Boulevard, Room 7015, Bethesda, 

MD 20892–2542, 301–594–4721, 

ryan.morris@nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.847, Diabetes, 

Endocrinology and Metabolic Research; 

93.848, Digestive Diseases and Nutrition 

Research; 93.849, Kidney Diseases, Urology 

and Hematology Research, National Institutes 

of Health, HHS) 

Dated: February 25, 2021. 

Miguelina Perez, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2021–04365 Filed 3–2–21; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute on Deafness and 

Other Communication Disorders; 

Notice of Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended, notice is hereby given of the 

following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Institute on 

Deafness and Other Communication 

Disorders Special Emphasis Panel; 

Fellowship Review. 

Date: March 9, 2021. 

Time: 11:00 a.m. to 12:00 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 6100 

Executive Boulevard, Rockville, MD 20852, 

(Telephone Conference Call). 

Contact Person: Eliane Lazar-Wesley, 

Ph.D., Scientific Review Officer, Scientific 

Review Branch, Division of Extramural 

Activities, 6001 Executive Boulevard, Room 

8339, MSC 9670, Bethesda, MD 20892–8401, 

(301) 496–8683, el6r@nih.gov. 

This notice is being published less than 15 

days prior to the meeting due to the timing 

limitations imposed by the review and 

funding cycle. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.173, Biological Research 

Related to Deafness and Communicative 

Disorders, National Institutes of Health, HHS) 

Dated: February 26, 2021. 

Miguelina Perez, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2021–04363 Filed 3–2–21; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute on Deafness and 

Other Communication Disorders; 

Amended Notice of Meeting 

Notice is hereby given of a change in 

the meeting of the National Institute on 

Deafness and Other Communication 

Disorders Special Emphasis Panel, 

which was published in the Federal 

Register on January 26, 2021, 86FR7101. 

This meeting is being amended to 

change the SRO to Eliane Lazar-Wesley. 

The meeting is closed to the public. 

Dated: February 26, 2021. 

Miguelina Perez, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2021–04364 Filed 3–2–21; 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 a 

Transceiver 

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 a transceiver, identified as the 

Barrett 4050 HF SDR Transceiver. Based 

upon the facts presented, CBP has 

concluded in the final determination 

that the transceiver, which is assembled 

in the United States of various imported 

components, including three Australianorigin printed circuit board assemblies, 

is not a product of a foreign country or 

instrumentality designated for purposes 

of U.S. Government procurement. 

DATES: The final determination was 

issued on February 25, 2021. 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 April 2, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Reese, Valuation and Special 

Programs Branch, Regulations and 

Rulings, Office of Trade (202–325– 

0046). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on February 25, 2021, 

CBP issued a final determination 

concerning the country of origin of the 

Barrett 4050 HF SDR Transceiver for 

purposes of Title III of the Trade 

Agreements Act of 1979. This final 

determination, HQ H314982, was issued 

at the request of Barrett 

Communications USA Corporation, 

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 has 

concluded that, based upon the facts 

presented, as a result of the assembly of 

various imported components, 

including three Australian-origin 


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12488 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 

printed circuit board assemblies, in the 

United States, the finished transceiver is 

not a product of a foreign country or 

instrumentality designated pursuant to 

19 U.S.C. 2511(b) for purposes of U.S. 

Government procurement. 

Section 177.29, CBP Regulations (19 

CFR 177.29), provides that notice of 

final determinations 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: February 25, 2021. 

Joanne R. Stump, 

Acting Executive Director, Regulations and 

Rulings, Office of Trade. 

HQ H314982 

February 25, 2021 

OT:RR:CTF:VS H314982 CMR 

CATEGORY: Origin 

Jon P. Yormick, Esq. Flannery Georgalis LLC 

1375 East Ninth Street One Cleveland Center, 

Floor 30 Cleveland, Ohio 44114 

RE: U.S. Government Procurement; Title III, 

Trade Agreements Act of 1979 (19 U.S.C. 

2511); subpart B, Part 177, CBP Regulations; 

Country of Origin of a Transceiver 

Dear Mr. Yormick: 

This is in response to your request of 

October 22, 2020, on behalf of your client, 

Barrett Communications USA Corporation, 

for a final determination concerning the 

country of origin of a device referred to as a 

Barrett 4050 HF SDR Transceiver pursuant to 

Title III of the Trade Agreements Act of 1979 

(TAA), as amended (19 U.S.C. 2511 et seq.). 

As the importer of merchandise entered into 

the United States and further processed in 

the United States, your client may request a 

final determination pursuant to 19 CFR 

177.23(a). 

Facts 

The item at issue, the Barrett 4050 HF SDR 

Transceiver (hereinafter, ‘‘transceiver’’), is a 

software-defined based, single-sideband 

(‘‘SSB’’) transceiver with a frequency range of 

1.6 to 30 MHz (transmit) and 250 kHz to 30 

MHz (receive). You describe the transceiver 

as ‘‘a commercial product that supports 

features such as Selective Call (Selcall), 

direct dial telephone connection to base 

stations fitted with telephone interconnect 

systems (Telcall), GPS location, 2G and 3G 

ALE (Automatic Link Establishment), 

frequency hopping, digital voice, data 

transmission and remote diagnostics.’’ You 

indicate that the transceiver provides ‘‘a 

comprehensive data modem interface port, 

high speed transmit-to-receive switching, a 

high stability frequency standard and an 

efficient cooling system option.’’ 

You indicate that the transceiver’s control 

head ‘‘features a GUI [graphical user 

interface] on a high definition 24-bit LCD 

color touchscreen.’’ You state that ‘‘[t]he 

[c]ontrol [h]ead can be detached from the 

main body of the [t]ransceiver for remote 

control. The [t]ransceiver can also be 

controlled remotely from most mobile and 

desktop platforms, including iOS, Android, 

and Windows devices.’’ 

You specify that there are three main 

assemblies for each transceiver—(1) the 

control head assembly; (2) the power 

amplifier (PA) assembly and chassis; and, (3) 

the microprocessor board and interface board 

assembly and chassis. Within these three 

main assemblies are five printed circuit 

board assemblies (PCBAs). The five PCBAs 

and the countries in which each PCBA is 

produced are as follows: the control head 

board (United States); the interface board 

(United States); the micro board (Australia); 

the PA board (Australia); and the volume 

control board (Australia). You indicate that 

prior to export to the United States, the only 

software installed on the boards produced in 

Australia is for the limited purpose of testing 

and diagnostics. The Australian produced 

boards are non-functional at the time of 

importation into the United States. 

In addition to the PCBAs described above, 

‘‘each transceiver includes, a radio chassis, a 

speaker, an LCD screen, looms, various 

molded plastic parts including dials and 

buttons, and various seals and fasteners.’’ 

The transceiver is assembled in the United 

States from imported and domestically 

produced components. You state the 

transceiver is assembled as a ‘‘clamshell.’’ 

You state: 

The Micro and Interface Boards are 

mounted on one half of the ‘‘clamshell;’’ the 

PA Board is on the other half of the 

‘‘clamshell.’’ When the ‘‘clamshell’’ is 

assembled there are cables between the two 

(2) halves to allow signaling and RF to pass 

between them. An HD15 pin connector 

interface on one half of the ‘‘clamshell’’ 

provides signaling to the Control Head. The 

Control Head has a color, touch screen 

display, volume knob, and buttons. 

The Control Head Board is mounted to the 

chassis of the Control Head, using screws and 

a loom. The loom takes the signaling from the 

screen and buttons to the Control Head 

Board, while another loom takes the 

signaling from the Control Head Board out to 

the interfacing HD connector. The Volume 

Control Board fits directly to the Control 

Head Board, as a daughter board. 

With regard to the functions of the boards, 

you state that the transceiver cannot function 

without the control head board. In addition, 

the interface board ‘‘allows the [t]ransceiver 

to connect to antennae and auxiliaries such 

as modems and audio devices.’’ Further, you 

indicate that the interface board enables the 

micro board to function. You state that the 

interface board allows the micro board ‘‘to 

interface with all external items.’’ 

With regard to the control head, an 

integrated circuit (IC) and firmware 

programming process must be performed 

prior to assembly. After the IC is provided 

with its base programming, the control head 

is partially assembled and the control head 

board is loaded with base firmware 

programming. Once the programming is 

completed, the assembly of the control head 

(which entails cleaning and inspecting parts, 

installing the LCD screen and control head 

board, and assembling the remaining twentytwo control head components) is completed 

and the control head board is modified to 

function as part of the main assembly. 

After the transceiver is fully assembled, 

base operating firmware and software, which 

will control and enable functionality, is 

installed on the interface board and micro 

board. This software is developed by a 

combination of efforts. Source code is written 

for the transceiver by software developers in 

Australia. Technicians in the United States 

convert the source code into executable 

object code, load it onto the interface board 

and micro board and test the downloaded 

object code. Software for optional features, 

which is obtained from a foreign third-party, 

may also be installed if required according to 

a customer’s purchase order specifications. 

Personnel in the U.S. ‘‘install the software 

and firmware, which takes approximately 

forty-five (45) minutes, including 

programming the 2G ALE modem and the 

[t]ransceiver.’’ 

After the transceivers are assembled and 

programmed, they are tested. The software 

and the transceiver operation are tested. The 

testing occurs at the U.S. facility where the 

transceivers are assembled and programmed. 

Testing may also occur at customer sites 

within and outside the United States. After 

assembling, programming and testing, the 

transceivers are packed and shipped to 

customers located in the United States and 

throughout the Americas. 

Issue 

Whether the transceivers at issue, which 

are assembled and programmed in the United 

States of domestic and foreign inputs, are 

eligible under Title III of the TAA, as 

amended (19 U.S.C. 2511–2518), as products 

of a foreign country or instrumentality 

designated pursuant to section 2511(b). 

Law and Analysis 

U.S. Customs and Border Protection (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 purpose 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, Trade Agreements Act 

of 1979, as amended (19 U.S.C. 2511–2518). 

The rule of origin set forth in 19 U.S.C. 

2518(4)(B) states: 

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). 

In rendering advisory rulings and final 

determinations for purposes of U.S. 


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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 12489 

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 ‘‘Free Trade Agreement country end 

product’’ means an article that— 

(1) Is wholly the growth, product, or 

manufacture of a Free Trade Agreement 

(FTA) 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 an FTA 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. 

‘‘Free Trade Agreement country’’ means 

Australia, Bahrain, Canada, Chile, Colombia, 

Costa Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic of), 

Mexico, Morocco, Nicaragua, Oman, Panama, 

Peru, or Singapore. See 48 CFR 25.003. Thus, 

Australia is an FTA country for purposes of 

the Federal Acquisition Regulations. 

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. 

In this case, the transceiver contains five 

separate PCBAs. We are told that three of 

these are produced by the assembly of the 

various components onto the PCB in 

Australia, and two are similarly produced in 

the United States. CBP has consistently held 

that the assembly of various components 

onto a blank printed circuit board to produce 

a PCBA is a substantial transformation. See 

Headquarters Ruling Letter (HQ) H311447, 

dated September 10, 2020, citing HQ 735306, 

dated December 21, 1993 (‘‘. . . Customs has 

ruled that the complete assembly of all the 

components onto a printed circuit board was 

a substantial transformation of the printed 

circuit board . . . ’’), and HQ H302801, dated 

October 3, 2019 (‘‘The SMT [surface-mount 

technology] operations result in a new and 

different product with an overall use and 

function different than any one function of 

the individual components.’’). In this case, 

the three Australian-produced PCBAs and 

numerous other components from various 

countries are imported into the United States 

for assembly into the finished transceiver. 

The PCBAs for the control head board and 

the interface board, PCBAs which CBP 

considers to be dominant as they are within 

components which are essential to the 

functioning of the transceiver, are assembled 

in the United States. You state that the 

transceiver cannot function without the 

control head board. Further, the interface 

board allows the transceiver to connect to 

antennae and items such as, modems and 

audio devices. The interface board enables 

the micro board to function and interface 

with external items. 

We note the production includes the 

assembly in the United States of the 

dominant PBCAs related to the transceiver’s 

function, along with the assembly of all the 

remaining components of the transceiver to 

produce the finished good. While CBP does 

not recognize downloading of firmware or 

software to constitute a substantial 

transformation, we note that the conversion 

of the Australian software into executable 

code, which occurs in the United States, and 

programming of the transceiver boards is 

additional work to be considered in assessing 

the proper origin of the finished transceiver. 

See HQ H306349, dated November 26, 2019, 

(‘‘. . . CBP has consistently held that the 

downloading of software or firmware is not 

a substantial transformation.’’). 

Noting that CBP is limited by the language 

of 19 U.S.C. 2515(b)(1) to a determination of 

whether a good is a product of a foreign 

country or instrumentality designated 

pursuant to section 2511(b) of this title, based 

upon the information presented, the 

transceiver is not a product of Australia or 

any other foreign country or instrumentality 

designated pursuant to section 2511(b) of 

Title 19. As to whether the transceiver which 

is assembled in the United States qualifies as 

a ‘‘U.S.-made end product,’’ we encourage 

you to review the recent court decision in 

Acetris Health, LLC v. United States, 949 

F.3d 719 (Fed. Cir. 2020), and to consult with 

the relevant government procuring agency. 

Holding 

The transceiver at issue, the Barrett 4050 

HF SDR Transceiver, is not a product of 

Australia or any other foreign country or 

instrumentality designated pursuant to 

section 2511(b) of Title 19. 

You should consult with the relevant 

government procuring agency to determine 

whether the transceiver qualifies as a ‘‘U.S.- 

made end product’’ for purposes of the 

Federal Acquisition Regulations 

implementing the TAA. 

Notice of this final determination will be 

given in the Federal Register, as required by 

19 CFR 177.29. Any party-at-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 party-atinterest 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, 

Joanne R. Stump 

Acting Executive Director Regulations and 

Rulings Office of Trade 

[FR Doc. 2021–04334 Filed 3–2–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket Number DHS–2021–0004] 

Agency Information Collection 

Activities: COVID–19 Contact Tracing, 

COVID–19 Contact Tracing Scripts, 

COVID–19 Contact Tracing Form 

AGENCY: Department of Homeland 

Security (DHS). 

ACTION: 30-Day notice and request for 

comments; extension without change of 

a currently approved Collection, DHS– 

2021–0004. 

SUMMARY: The Department of Homeland 

Security, will submit the following 

Information Collection Request (ICR) to 

the Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995. DHS previously 

published this information collection 

request (ICR) in the Federal Register on 

Friday, January 15, 2021 for a 30-day 

public comment period. No comment 

was received by DHS. The purpose of 

this notice is to allow additional 30- 

days for public comments. 

DATES: The comment period for the 

information collection request 

published on January 15, 2021 at 86 FR 

4107 is extended. Comments are 

encouraged and will be accepted until 

April 2, 2021. This process is conducted 

in accordance with 5 CFR 1320.1 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

SUPPLEMENTARY INFORMATION: COVID–19 

Contact Tracing information is 

necessary to support the President’s 


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