Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices 13591 

procurement. HP cites HQ 560677, dated 

February 3, 1998, to support the argument 

that the assembly operations coupled with 

the BIOS download transform discrete and 

inoperable components into a finished 

product with a different name, character and 

use. In HQ 560677, CBP considered two 

different notebook computers manufactured 

in the U.S. with parts and components from 

various countries. In the first scenario, the 

imported chassis included the LCD and the 

CPU from various countries, but the BIOS 

and memory modules were not included. 

Other imported components were the hard 

disk drive (Thailand), BIOS chip (U.S.), 

floppy disk drive (China), AC adapter 

(China), CD ROM (Japan), fax modem cards 

(U.S.), a docking station (Taiwan), and 

memory board (Korea, Japan, or Singapore). 

The assembly process in the U.S. consisted 

of installing the BIOS chip (which was of 

U.S. origin), the memory modules, the hard 

disk drive, the network interface card, and 

downloading the flash BIOS into non-volatile 

RAM. In the second scenario, the imported 

chassis included the LCD screen (Taiwan), 

the floppy disc drive (China), and the BIOS 

chip but neither the keyboard, the CPU nor 

other primary chips were included. Similar 

components as in the first scenario were 

imported and the assembly process in the 

U.S. consisted of installing the CPU 

processor module (of U.S. origin), the hybrid 

cooler, the keyboard, the memory modules, 

the hard disk drive, the PCMCIA modem 

card, and downloading the flash BIOS into 

non-volatile RAM. CBP concluded that the 

foreign components used in the manufacture 

of the notebook computers lost their separate 

identities and became an integral part of a 

notebook computer as a result of the 

operations performed in the U.S. 

HQ H241177, dated December 3, 2013, 

Ethernet switches were assembled to 

completion in Malaysia and then shipped to 

Singapore, where U.S.-origin software was 

downloaded onto the switches. CBP found 

that the software downloading performed in 

Singapore did not amount to programming 

and that the country of origin was Malaysia, 

where the last substantial transformation 

occurred. 

In this case, the base unit is assembled in 

Country A and it includes the antennae, 

printed circuit assembly, CPU, BIOS chip, 

keyboard, cables, connectors, and speakers. 

The base unit is imported into Country F and 

the BIOS from Country D is downloaded. 

Based on the facts in this case and consistent 

with the Customs rulings cited above, we 

find that under Scenarios 1 and 2, the last 

substantial transformation of the Elitebook 

components occurs in Country A. Most of the 

major components are sourced in Country A, 

unlike HQ 560677, where the components 

came from various countries and in each 

scenario a major component (BIOS chip or 

CPU) was of U.S. origin, where the assembly 

occurred. Further, downloading the BIOS 

does not substantially transform the 

Elitebook. Therefore, we find that the country 

of origin for purposes of U.S. Government 

procurement in Scenarios 1 and 2 is Country 

A. 

Scenario 3: 

In Scenario 3, all of the hardware 

components are assembled in Country A and 

imported into Country F. The operations that 

occur in Country F are BIOS download, OS 

download, testing, quality control and 

packaging. The issue is whether the 

downloading of the BIOS and OS 

substantially transforms the notebook 

computer. As indicated above, the 

programming of a device that defines its use 

generally constitutes a substantial 

transformation. Software downloading by 

itself, however, does not amount to 

programming, which involves writing, testing 

and implementing code necessary to make a 

computer function in a certain way. See HQ 

H241177 (Dec. 3, 2013) supra, see also Data 

General supra. 

Consistent with the Customs rulings cited 

above, we find that the BIOS and OS 

downloading does not result in a substantial 

transformation in Country F. Given these 

facts, we find that the country where the last 

substantial transformation occurs is Country 

A, where the major assembly processes are 

performed. The country of origin for 

purposes of U.S. Government procurement in 

Scenario 3 is Country A. 

Scenario 4: 

Here, all of the hardware components are 

assembled in Country A and imported into 

Country D. In Country D, the BIOS and OS 

are downloaded and the Elitebook is tested 

for quality assurance and packaged. As 

indicated above, software downloading by 

itself does not result in a substantial 

transformation. Consistent with the Customs 

rulings cited above, we find that the country 

where the last substantial transformation 

occurs is Country A, where the major 

assembly processes are performed. The 

country of origin for purposes of U.S. 

Government procurement in Scenario 4 is 

Country A. 

HOLDING: 

Based on the facts of this case, we find that 

in Scenarios 1, 2, 3, and 4, the last substantial 

transformation takes place in Country A. The 

country of origin of the Elitebook is Country 

A for purposes of U.S. Government 

procurement and country of origin marking. 

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, 

Glen E. Vereb 

Acting Executive Director, Regulations and 

Rulings, Office of International Trade 

[FR Doc. 2015–05954 Filed 3–13–15; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2015–0006] 

Notice of Public Meetings on the 

Proposed Revised Guidelines for 

Implementing Executive Order 11988, 

Floodplain Management, As Revised 

Through the Federal Flood Risk 

Management Standard 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: This notice is to announce 

two public meetings to solicit public 

input on the proposed ‘‘Revised 

Guidelines for Implementing Executive 

Order 11988, Floodplain Management.’’ 

DATES: The first public meeting will be 

held in Fairfax, VA on March 24, 2015, 

from 9:00 a.m. to 12:00 p.m. Eastern 

Time (ET). The second public meeting 

will be held by webinar on March 25, 

2015, from 3:00 p.m. to 6:00 p.m. 

Eastern Time (ET). 

ADDRESSES: The first public meeting 

will be held in Fairfax, VA, at George 

Mason University, 4400 University 

Drive, Jackson Center Building #30, 

Fairfax, VA 22030. The second public 

meeting will be by webinar. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section by March 20. 

Due to space constraints of the 

facility, seating will be limited to 300 

participants for the Fairfax, VA meeting. 

To reserve a seat in advance for this 

meeting, or the webinar, please provide 

a request via email or mail with the 

contact information of the participant 

(including name, mailing address, and 

email address), the meeting(s) to be 

attended, and include the subject/

attention line (or on the envelope if by 

mail): Reservation Request for FFRMS 

Meeting. Advance reservations must be 

received 3 business days prior to each 

meeting to ensure processing. 

Unregistered participants will be 

accepted after all participants with 

reservations have been accommodated 

and will be admitted on a first-come, 

first-serve basis, provided the person 

capacity is not exceeded. To submit 

reservations, please email: FEMA– 

FFRMS@fema.dhs.gov or send by mail 

to the address listed in the FOR FURTHER

INFORMATION CONTACT caption. 

To facilitate public participation, 

members of the public are invited to 


Rmajette on DSK2VPTVN1PROD with NOTICES
13592 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices 

provide written comments on the issues 

to be considered at the public meetings. 

Comments may be submitted by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Regulatory Affairs Division, 

Office of Chief Counsel, FEMA, 500 C 

Street SW., Room 8NE, Washington, DC 

20472–3100. 

Instructions: All submissions received 

must include the docket ID FEMA– 

2015–0006. Comments received will be 

posted without alteration at http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read comments received, go to http://

www.regulations.gov, and search for the 

Docket ID FEMA–2015–0006. 

FOR FURTHER INFORMATION CONTACT: 

Bradley Garner, 202–646–3901 or 

FEMA-FFRMS@fema.dhs.gov. Mailing 

Address: FFRMS, 1800 South Bell 

Street, Room 627, Arlington, VA 20598– 

3030. The Web site is https://

www.fema.gov/federal-flood-riskmanagement-standard-ffrms. 

SUPPLEMENTARY INFORMATION: On 

January 30, 2015, the President signed 

Executive Order 13690, directing FEMA, 

on behalf of the Mitigation Framework 

Leadership Group, to publish for public 

comment draft revised Floodplain 

Management Guidelines to provide 

guidance to agencies on the 

implementation of Executive Order 

11988, as amended, consistent with a 

new Federal Flood Risk Management 

Standard. These draft revised 

Guidelines were developed by the 

Mitigation Framework Leadership 

Group in consultation with the Federal 

Interagency Floodplain Management 

Task Force. FEMA is publishing this 

Notice on behalf of the Mitigation 

Framework Leadership Group, which is 

chaired by FEMA, to solicit and 

consider public input on the draft 

revised Guidelines at two public 

meetings. 

Background information about these 

topics is available on the FFRMS Web 

site at https://www.fema.gov/federalflood-risk-management-standard-ffrms 

or in the docket for this Notice at 

www.regulations.gov, Docket ID FEMA– 

2015–0006. 

These meetings are exempt from the 

Federal Advisory Committee Act 

(FACA), as the Mitigation Framework 

Leadership Group is an 

intergovernmental committee and falls 

under the intergovernmental committee 

exception to FACA, 41 CFR 102–3.40(g). 

Authority: Executive Order 11988, as 

amended; Executive Order 13690. 

Dated: March 6, 2015. 

Roy Wright, 

Deputy Associate Administrator for 

Mitigation, Federal Emergency Management 

Agency. 

[FR Doc. 2015–05832 Filed 3–13–15; 8:45 am] 

BILLING CODE 9111–47–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[1651–0007] 

Agency Information Collection 

Activities: Application for Allowance in 

Duties 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 30-Day notice and request for 

comments; revision of an existing 

collection of information. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act: Application for 

Allowance in Duties. CBP is proposing 

that this information collection be 

extended with no change to the burden 

hours. This document is published to 

obtain comments from the public and 

affected agencies. 

DATES: Written comments should be 

received on or before April 15, 2015 to 

be assured of consideration. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

this proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to the OMB Desk Officer for Customs 

and Border Protection, Department of 

Homeland Security, and sent via 

electronic mail to oira_submission@

omb.eop.gov or faxed to (202) 395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Tracey Denning, 

U.S. Customs and Border Protection, 

Regulations and Rulings, Office of 

International Trade, 90 K Street NE., 

10th Floor, Washington, DC 20229– 

1177, at 202–325–0265. 

SUPPLEMENTARY INFORMATION: This 

proposed information collection was 

previously published in the Federal 

Register (79 FR 77019) on December 23, 

2014, allowing for a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

This process is conducted in accordance 

with 5 CFR 1320.10. CBP invites the 

general public and other Federal 

agencies to comment on proposed and/ 

or continuing information collections 

pursuant to the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13; 44 U.S.C. 

3507). The comments should address: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s 

estimates of the burden of the collection 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden, including the use 

of automated collection techniques or 

the use of other forms of information 

technology; and (e) the annual costs to 

respondents or record keepers from the 

collection of information (total capital/ 

startup costs and operations and 

maintenance costs). The comments that 

are submitted will be summarized and 

included in the CBP request for OMB 

approval. All comments will become a 

matter of public record. In this 

document, CBP is soliciting comments 

concerning the following information 

collection: 

Title: Application for Allowance in 

Duties. 

OMB Number: 1651–0007. 

Form Number: Form 4315. 

Abstract: CBP Form 4315, 

‘‘Application for Allowance in Duties,’’ 

is submitted to CBP in instances of 

claims of damaged or defective 

imported merchandise on which an 

allowance in duty is made in the 

liquidation of the entry. The 

information on this form is used to 

substantiate an importer’s claim for 

such duty allowances. CBP Form 4315 

is authorized by 19 U.S.C. 1506 and 

provided for by 19 CFR 158.11, 158.13 

and 158.23. This form is accessible at: 

http://www.cbp.gov/sites/default/files/

documents/CBP%20Form%204315_

0.pdf. 

Action: CBP proposes to extend the 

expiration date of this information 

collection with no change to the burden 

hours or to Form 4315. 

Type of Review: Extension (without 

change). 

Affected Public: Businesses. 

Estimated Number of Respondents: 

12,000. 

Estimated Number of Total Annual 

Responses: 12,000. 

Estimated Time per Response: 8 

minutes. 

Estimated Annual Burden Hours: 

1,600. 


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