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

described as the ‘‘heart of the machine.’’

In finding that the imported parts were 

substantially transformed in Japan, we 

stated that the individual parts and 

components lost their separate identities 

when they became part of the 

multifunctional machine. See also HRL 

561568, dated March 22, 2001, 

published in the Federal Register on 

March 29, 2001 (66 FR 17222). 

By contrast, assembly operations that 

are minimal or simple will generally not 

result in a substantial transformation. 

For example, in HRL 734050, dated June 

17, 1991, we determined that Japaneseorigin components were not 

substantially transformed in China 

when assembled in that country to form 

finished printers. The printers consisted 

of five main components identified as 

the ‘‘head,’’ ‘‘mechanism,’’ ‘‘circuit,’’

‘‘power source,’’ and ‘‘outer case.’’ The 

circuit, power source and outer case 

units were entirely assembled or 

molded in Japan. The head and 

mechanical units were made in Japan 

but exported to China in an 

unassembled state. All five units were 

exported to China where the head and 

mechanical units were assembled with 

screws and screwdrivers. Thereafter, the 

head, mechanism, circuit, and power 

source units were mounted onto the 

outer case with screws. In holding that 

the country of origin for marking 

purposes was Japan, CBP recognized 

that the vast majority of the printer’s 

parts were of Japanese origin and that 

the operations performed in China were 

relatively simple assembly operations. 

In order to determine whether a 

substantial transformation occurs when 

components of various origins are 

assembled to form multifunctional 

machines, CBP considers the totality of 

the circumstances and makes such 

decisions on a case-by-case basis. The 

primary considerations in such cases are 

the country of origin of the machine’s 

components and subassemblies, extent 

of processing that occurs within a given 

country, and whether such processing 

renders a product with a new name, 

character, and use. In addition, facts 

such as resources expended on product 

design and development, extent and 

nature of post-assembly inspection 

procedures, and worker skills required 

during the actual manufacturing process 

will be considered when analyzing 

whether a substantial transformation 

has occurred; however, no single factor 

is determinative. 

Based on the facts and law of this 

case, we find that the assembled JModel multifunctional systems are 

products of Japan for purposes of U.S. 

Government procurement. Although 

several of the subassemblies are 

assembled in China, we find that 

enough of the Japanese subassemblies 

and individual components serve major 

functions and are high in value, in 

particular, the transfer belt, control box 

unit, application-specific integrated 

circuits, charged couple device, and 

laser diodes. The process unit 

subassembly is also crucial in the 

performance of the multifunctional 

systems. While it is assembled in China, 

its key components, the developer and 

toner materials, and drums are 

produced in Japan. 

Furthermore, it is significant that 

although the PWB is of Chinese origin, 

the firmware for the control box unit 

subassembly is developed in Japan. This 

firmware programming controls the 

print engine, readout mechanism, 

processes images for the copier, printer, 

fax, and scanner, and controls the 

operation panel display. We further note 

that the testing and adjustments 

performed in Japan are technical and 

complex. Finally, the assembly 

operations that occur in Japan are 

sufficiently complex and meaningful. 

Through the product assembly and 

testing and adjustment operations, the 

individual components and 

subassemblies of Japanese and foreignorigin are subsumed into a new and 

distinct article of commerce that has a 

new name, character, and use. 

Therefore, we find that the country of 

origin of the J-Models digital color 

multifunctional systems for purposes of 

U.S. Government procurement is Japan. 

Holding: 

Based on the facts of this case, we 

find that the processing in Japan 

substantially transforms the nonJapanese components. Therefore, the 

country of origin of the Sharp digital 

color multifunctional systems (Model 

Nos. MX–2300NJ and MX–2700NJ) is 

Japan for purposes of U.S. Government 

procurement. 

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 that 

requested this final determination may 

request, pursuant to 19 CFR 177.31, that 

CBP reexamine the matter anew and 

issue a new final determination. Any 

party-at-interest may, within 30 days 

after publication of the Federal Register 

notice reference above, seek judicial 

review of this final determination before 

the U.S. Court of International Trade. 

Sincerely, 

Sandra L. Bell, 

Executive Director, Office of Regulations and 

Rulings, Office of International Trade. 

[FR Doc. E7–3482 Filed 2–27–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2394–06; DHS Docket No. USCIS–

2006–0051] 

RIN 1615–ZA40 

Special FOIA Processing Track for 

Individuals Appearing Before an 

Immigration Judge 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: U.S. Citizenship and 

Immigration Services (USCIS) is 

improving its processing of Freedom of 

Information Act (FOIA) requests from 

the general public by establishing a 

third processing track for individuals 

appearing before an immigration court. 

Currently, a large portion of FOIA 

requests are submitted by individuals 

who have received a Notice To Appear 

for a hearing before an immigration 

judge or by such individuals’ attorneys 

or representatives. By creating an 

additional processing track, USCIS will 

be able to provide the public with more 

expeditious service and to thereby 

improve customer satisfaction. 

DATES: This notice is effective March 30, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Brian J. Welsh, Chief, Freedom of 

Information Act and Privacy Act, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, P.O. 

Box 648010, Lee’s Summit, Missouri 

64064, Phone: 816–350–5785, E-Mail: 

uscis.foia@dhs.gov . 

SUPPLEMENTARY INFORMATION: 

Background: 

Under the Freedom of Information 

Act, 5 U.S.C. 552 (‘‘FOIA’’), the Privacy 

Act, 5 U.S.C. 552a, and the Department 

of Homeland Security’s implementing 

regulations located at 6 CFR 5.5(b), the 

Secretary of Homeland Security may use 

two or more processing tracks for 

responding to FOIA requests. Currently, 

USCIS has two tracks: Track 1 is for less 

complex requests that can be processed 

in 20 working days or less. Track 2 is 

for complex requests that may require 

more than 20 working days to process 

and that include searching and line-byline review of numerous pages of 

information. With this notice, USCIS 

will establish a third processing track, 

the ‘‘Notice To Appear’’ track, which 

will allow for accelerated access to the 

Alien-File (A–File) for those individuals 

who have been served with a charging 


sroberts on PROD1PC70 with NOTICES
9018 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 

document and have been scheduled for 

a hearing before an immigration judge as 

a result. The creation of this track is 

consistent with Executive Order 13392, 

‘‘Improving Agency Disclosure of 

Information’’ (December 14, 2005), 

which requires Federal agencies to 

improve their FOIA processing. 

‘‘Notice To Appear’’ track cases do 

not include cases in which the 

immigration judge has issued a final 

order or cases in which an appeal of an 

immigration judge’s decision has been 

filed with the Board of Immigration 

Appeals (BIA). ‘‘Notice To Appear’’

track cases do not include cases in 

which the subject’s date of scheduled 

hearing before the immigration judge 

has passed and current records indicate 

that the subject failed to appear for his/ 

her scheduled hearing, resulting in 

closure of the removal/deportation 

proceedings by the immigration judge. 

An Alien-File or A-File is the series 

of records USCIS maintains on 

immigrants, certain non-immigrants, 

applicants for citizenship, certain 

individuals who have relinquished their 

United States citizenship, applicants for 

permanent residence or other 

immigration benefits, and individuals 

who have become subjects of 

immigration enforcement proceedings. 

The A-File documents the history of 

such people’s interaction with USCIS or 

other components of the Department of 

Homeland Security (DHS) in actions 

prescribed by the Immigration and 

Nationality Act (INA) and related 

regulations. USCIS uses the information 

in an A-File to adjudicate requests for 

immigration-related benefits and to 

enforce U.S. immigration laws. 

Individuals may request access to 

their A-files by filing a FOIA request 

with Form G–639, Freedom of 

Information/Privacy Act Request, or by 

having their attorney or representative 

submit such a request along with a Form 

G–28, Notice of Entry of Appearance as 

Attorney or Representative, on their 

behalf. These forms can be found at 

http://www.uscis.gov. 

A requester (including individuals, 

attorneys, or representatives) seeking to 

be placed in the queue must provide a 

copy of one of the following documents: 

1. Form I–862, Notice To Appear, 

documenting the scheduled date of the 

subject’s hearing before the immigration 

judge; 

2. Form I–122, Order To Show Cause, 

documenting the scheduled date of the 

subject’s hearing before the immigration 

judge; 

3. A written notice of continuation of 

a scheduled hearing before the 

immigration judge; or 

4. Form I–863, Notice of Referral to 

Immigration Judge. 

After USCIS receives the request and 

validates it as a proper request, USCIS 

will place it in a queue of previously 

received requests of a similar nature. 

USCIS will take the requests in the 

order of receipt, as mandated by the 

FOIA and the applicable implementing 

DHS regulations at 6 CFR 5. USCIS will 

only accept requests for expedited 

processing for this queue if the requester 

has satisfied the requirements outlined 

in 6 CFR 5.5(d). 

All other FOIA requirements, as 

described in 6 CFR part 5, Disclosure of 

Records and Information, will apply. 

This notice does not affect those 

requests that do not fall in the abovedescribed category. 

Dated: February 21, 2007. 

Emilio T. Gonzalez, 

Director, U.S. Citizenship and Immigration 

Services. 

[FR Doc. E7–3357 Filed 2–27–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Availability of Draft 

Comprehensive Conservation Plan and 

Environmental Impact Statement for 

Vieques National Wildlife Refuge 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: The Fish and Wildlife Service 

announces that a Draft Comprehensive 

Conservation Plan and Environmental 

Impact Statement (Draft CCP/EIS) for 

the Vieques National Wildlife Refuge is 

available for review and comment. This 

Draft CCP/EIS was prepared pursuant to 

the National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997, and the 

National Environmental Policy Act of 

1969. The Draft CCP/EIS describes how 

the Service intends to manage the refuge 

over the next 15 years. 

DATES: Written comments must be 

received at the postal address listed 

below no later than April 30, 2007. 

ADDRESSES: To provide written 

comments or to obtain a copy of the 

Draft CCP/EIS, please write to: Oscar 

Diaz, Refuge Manager, Vieques National 

Wildlife Refuge, P.O. Box 1527, 

Vieques, Puerto Rico 00765. A copy of 

the Draft CCP/EIS is also available on 

compact diskette. It can be accessed and 

downloaded at the following Internet 

address: http://www.fws.gov/southeast/ 

planning/. A public meeting will be 

held at the Multiple Use Center (Centro 

de Usos Multiples) in Isabel Segunda, 

Vieques, Puerto Rico, to present the 

plan to the public. Special mailings, 

news media outlets, and posters will be 

avenues to inform the public of the date 

and time of the meeting. 

SUPPLEMENTARY INFORMATION: The 

National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997 (16 U.S.C. 

668dd–668ee) requires the Service to 

develop a comprehensive conservation 

plan for each refuge. The purpose in 

developing a plan is to provide refuge 

managers with a 15-year strategy for 

achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife science, conservation, legal 

mandates, and Service policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, plans identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation and photography, 

and environmental education and 

interpretation. 

The Vieques National Wildlife Refuge 

was created from former Navy managed 

lands by congressional actions in 2001 

and 2003. It consists of approximately 

17,771 acres—3,100 acres on western 

Vieques and 14,671 acres on eastern 

Vieques. The transferred lands are to be 

managed in accordance with the Refuge 

Administration Act (as amended). 

The refuge lands were historically 

used for agricultural purposes and more 

recently for military training activities. 

As a result, the wildlife habitats and 

communities are significantly altered 

and non-native invasive species are 

common along with remnants of native 

habitats. As a result of the military 

training, portions of the refuge contain 

unexploded ordnance and other 

contaminants. These areas have been 

classified as a ‘‘superfund site’’ under 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). Cleanup of these 

portions of the refuge is being 

conducted by the Navy in accordance 

with CERCLA. In addition, a Federal 

Facilities Agreement between the Navy, 

Environmental Protection Agency, Fish 

and Wildlife Service, and 

Commonwealth of Puerto Rico will help 

to guide the cleanup process. 

Although the short-term use and 

management of areas contaminated with 


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