2168 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[USCBP–2018–0001] 

Notice of Domestic Interested Party 

Petitioner’s Notice of Desire To 

Contest the Tariff Classification 

Determination of Certain Steel Tube 

Fittings 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of petitioner’s notice of 

desire to contest classification 

determination. 

SUMMARY: This document provides 

notice that a domestic interested party 

has filed a timely notice of its desire to 

contest a U.S. Customs and Border 

Protection decision regarding the 

classification of certain imported steel 

tube fittings. 

DATES: January 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Dwayne S. Rawlings, Tariff 

Classification and Marking Branch, 

Regulations and Rulings, Office of 

Trade, U.S. Customs and Border 

Protection at (202) 325–0092. 

SUPPLEMENTARY INFORMATION: 

Background 

This document concerns the tariff 

classification of certain steel tube 

fittings by U.S. Customs and Border 

Protection (CBP) and the desire of a 

domestic interested party to contest 

CBP’s classification decision. 

Classification of Steel Tube Fittings 

Merchandise imported into the 

customs territory of the United States is 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS). 

The tariff classification of merchandise 

under the HTSUS is governed by the 

principles set forth in the General Rules 

of Interpretation (GRIs) and, in the 

absence of special language or context 

which otherwise requires, by the 

Additional U.S. Rules of Interpretation. 

The GRIs and the Additional U.S. Rules 

of Interpretation are part of the HTSUS 

and are to be considered statutory 

provisions of law for all purposes. See 

Section 1204 of the Omnibus Trade and 

Competitiveness Act of 1988, Public 

Law 100–418 (August 23, 1988); 19 

U.S.C. 3004(c). 

GRI 1 requires that classification be 

determined first according to the terms 

of the headings of the tariff schedule 

and any relative section or chapter notes 

and, provided such headings or notes do 

not otherwise require, then according to 

the other GRIs. See GRI 1, HTSUS 

(2017). 

GRI 6 prescribes that, for legal 

purposes, the classification of goods in 

the subheadings of a heading shall be 

determined according to the terms of 

those subheadings and any related 

subheading notes and, mutatis 

mutandis, according to GRIs 1 to 5, on 

the understanding that only 

subheadings at the same level are 

comparable. See GRI 6, HTSUS (2017). 

The Explanatory Notes to the 

Harmonized Commodity Description 

and Coding System (‘‘Harmonized 

System’’) represent the official 

interpretation of the World Customs 

Organization (established in 1952 as the 

‘‘Customs Cooperation Council’’) on the 

scope of each heading. See H.R. Conf. 

Rep. No. 100–576, 100th Cong., 2d Sess. 

549 (1988), reprinted in 1988 

U.S.C.C.A.N. 1547, 1582; Treasury 

Decision (T.D.) 89–80, 54 FR 35127, 

35128 (August 23, 1989). Although not 

binding on the contracting parties to the 

Harmonized System Convention or 

considered to be dispositive in the 

interpretation of the Harmonized 

System, it is CBP’s position that the 

Explanatory Notes should be consulted 

on the proper scope of the Harmonized 

System. T.D. 89–80, 54 FR at 35128. 

In New York ruling letter (NY) 

E83408, dated July 8, 1999, a steel tube 

fitting from Taiwan is described as 

‘‘. . . a cold forged nonalloy steel male 

threaded connector body having a 

center hex nut, one flare tube end and 

one male pipe end. These tube fittings 

connect a piece of rigid tubing to a 

valve, manifold or another piece of rigid 

tubing in a hydraulic system.’’ The U.S. 

Customs Service (U.S. Customs and 

Border Protection’s predecessor agency) 

classified the steel tube fitting in 

subheading 7307.99.50, HTSUS (1999), 

which provides for ‘‘Tube or pipe 

fittings (for example couplings, elbows, 

sleeves), of iron or steel: Other: Other: 

Other.’’ In 1999, the column one, 

general rate of duty for subheading 

7307.99.50, HTSUS, was 4.3 percent ad 

valorem. 

Filing of Domestic Interested Party 

Petition 

On October 29, 2014, counsel filed a 

petition on behalf of Brennan Industries, 

Inc. (‘‘Petitioner’’), under section 516, 

Tariff Act of 1930, as amended (19 

U.S.C. 1516), requesting that CBP 

reclassify the articles under 

consideration (and as described in NY 

E83408) in subheading 8412.90.90, 

HTSUS (2014), which provides for 

‘‘Other engines and motors, and parts 

thereof: Parts: Other.’’ The column one, 

general rate of duty for subheading 

8412.90.90, HTSUS, in 1999, 2014 and 

today is free. 

On February 9, 2016, CBP published 

a Notice of Receipt of a Domestic 

Interested Party Petition in the Federal 

Register (81 FR 6880). The notice 

invited written comments on the 

petition from interested parties. The 

comment period closed on April 11, 

2016. One comment was timely received 

in response to this notice, which was 

submitted by the Petitioner. The 

comment reiterated the Petitioner’s 

position that the merchandise is 

classified in subheading 8412.90.90, 

HTSUS, as other parts of other engines 

and motors. 

Decision on Petition and Notice of 

Petitioner’s Desire To Contest 

In HQ ruling letter H259349, dated 

October 5, 2016 (a copy of this ruling 

can be found online at https://

www.regulations.gov under Docket No. 

USCBP–2016–0007), CBP denied the 

domestic party petition and affirmed the 

classification determination set forth in 

the previously issued ruling letter (i.e., 

NY E83408). Consistent with the 

determination in NY E83408, CBP 

determined in H259349 that the articles 

at issue are parts of general use of 

heading 7307, HTSUS, as defined by 

Note 2 to Section XV. Accordingly, 

these parts are excluded from Section 

XVI of the HTSUS because, by operation 

of Note 1(g) to Section XVI, a good 

cannot be a part of general use of 

Section XV and also be prima facie 

classifiable as a part in Section XVI. 

In HQ H259349, CBP also notified the 

Petitioner of its right to contest the 

decision by filing a notice with CBP 

indicating its desire to contest the 

decision, and that the notice must be 

filed not later than thirty days from the 

date of issuance of the ruling letter, 

pursuant to 19 U.S.C. 1516(c) and 

§ 175.23, CBP Regulations (19 CFR 

175.23). 

By letter dated November 2, 2016, the 

Petitioner filed a timely notice under 19 

U.S.C. 1516(c) and 19 CFR 175.23 of its 

desire to contest CBP’s decision in HQ 

H259349 regarding the classification of 

the steel tube fittings under 

consideration. The Petitioner has 

designated, under 19 U.S.C. 1516(c) and 

19 CFR 175.23, eight (8) ports of entry 

where Petitioner believes that 

merchandise of the kind covered by the 

petition is being imported into the 

United States, and at which the 

Petitioner desires to protest. The ports 

of entry are as follows: 

• Seattle, WA 

• Tacoma, WA 

• Long Beach, CA 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2169 

• Los Angeles, CA 

• New York, NY 

• Savannah, GA 

• Houston, TX 

• Charleston, SC 

Upon application by the Petitioner to 

any of the Port Directors of the ports 

listed above, the Port Director(s) shall 

make available to the Petitioner 

information on merchandise of the kind 

covered by the petition (as described in 

NY E83408) entered after the date of 

publication of this notice in order that 

the petitioner may determine whether 

the entry presented raises the issue 

involved in the petition. See 19 U.S.C. 

1516(c); 19 CFR 175.25. By this notice, 

Port Directors at these ports are directed 

to notify the Petitioner by mail when the 

first of such entries is liquidated. See 19 

U.S.C. 1516(c) and 19 CFR 175.25(b). 

Authority 

This notice is published in 

accordance with 19 U.S.C. 1516(c) and 

§§ 175.23 and 175.24 of the CBP 

Regulations (19 CFR 175.23–24). 

Dated: January 10, 2018. 

Kevin K. McAleenan, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. 2018–00577 Filed 1–12–18; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5997–N–85] 

30-Day Notice of Proposed Information 

Collection: FHA-Insured Mortgage 

Loan Servicing of Delinquent, Default 

and Foreclosure With Service 

Members Act 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice. 

SUMMARY: HUD submitted the proposed 

information collection requirement 

described below to the Office of 

Management and Budget (OMB) for 

review, in accordance with the 

Paperwork Reduction Act. The purpose 

of this notice is to allow for 30 days of 

public comment. 

DATES: Comments Due Date: February 

15, 2018. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

HUD Desk Officer, Office of 

Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax:202–395–5806, Email: 

OIRA Submission@omb.eop.gov 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, QMAC, Department of Housing 

and Urban Development, 451 7th Street 

SW, Washington, DC 20410; email 

Colette.Pollard@hud.gov, or telephone 

202–402–3400. This is not a toll-free 

number. Person with hearing or speech 

impairments may access this number 

through TTY by calling the toll-free 

Federal Relay Service at (800) 877–8339. 

Copies of available documents 

submitted to OMB may be obtained 

from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD is 

seeking approval from OMB for the 

information collection described in 

Section A. 

The Federal Register notice that 

solicited public comment on the 

information collection for a period of 60 

days was published on September 12, 

2017 at 82 FR 42831. 

A. Overview of Information Collection 

Title of Information Collection: FHAInsured Mortgage Loan Servicing of 

Delinquent, Default and Foreclosure 

with Service Members Act. 

OMB Approval Number: 2502–0584. 

Type of Request: Extension of a 

currently approved collection. 

Form Number: 

HUD–2008–5—FHA Save Your Home 

Tips to Avoid Foreclosure Brochure 

HUD 9539—Request for Occupied 

Conveyance 

HUD 92070—Servicemembers Civil 

Relief Act Notice Disclosure 

HUD 92068–A—Monthly Delinquent 

Loan Report 

HUD–50012—Mortgagee’s Request for 

Extensions of Time 

Description of the need for the 

information and proposed use: This 

information collection covers the 

mortgage loan servicing of FHA-insured 

loans that are delinquent, in default or 

in foreclosure. The data and information 

provided is essential for managing 

HUD’s programs and the FHA’s Mutual 

Mortgage Insurance Fund (MMI). 

Respondents (i.e. affected public): 

Business or other for-profit. 

Estimated Number of Respondents: 

7806. 

Estimated Number of Responses: 

38,291,776. 

Frequency of Response: On occasion. 

Average Hours per Response: 7 

minutes to 8 minutes. 

Total Estimated Burdens: 

3,984,411,694,068.48. 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond: Including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. Chapter 35. 

Dated: December 20, 2017. 

Colette Pollard, 

Department Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2018–00593 Filed 1–12–18; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6001–N–39] 

60-Day Notice of Proposed Information 

Collection: Budget-Based Rent 

Increases 

AGENCY: Office of Assistant Secretary for 

Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice of proposed information 

collection. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for 60 days of public 

comment. 

DATES: Comments Due Date: March 19, 

2018. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 


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