15510 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

Notice of Cancellation of Customs 

Broker Licenses 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: General notice. 

SUMMARY: Pursuant to section 641 of the 

Tariff Act of 1930, as amended, (19 

U.S.C. 1641) and the Customs 

Regulations (19 CFR 111.51), the 

following Customs broker licenses and 

all associated permits are cancelled 

without prejudice. 

Name License No. Issuing port 

Romeo Chapa ................................................................................................................................................. 09928 Houston. 

Elite Brokerage Services, Inc .......................................................................................................................... 09912 Houston. 

Philip C. Ziskrout, Inc ...................................................................................................................................... 13201 Los Angeles. 

Murphy International Corporation .................................................................................................................... 20547 Los Angeles. 

Dated: March 25, 2009. 

Daniel Baldwin, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. E9–7614 Filed 4–3–09; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning Ground 

Fault Circuit Interrupter 

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 ground fault circuit 

interrupter (‘‘GFCI’’). Based upon the 

facts presented, CBP has concluded in 

the final determination that Mexico is 

the country of origin of the GFCI for 

purposes of U.S. government 

procurement. 

DATES: The final determination was 

issued on March 26, 2009. 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 May 6, 

2009. 

FOR FURTHER INFORMATION CONTACT: Elif 

Eroglu, Valuation and Special Programs 

Branch: (202) 325–0277. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on March 26, 2009, 

pursuant to subpart B of part 177, 

Customs Regulations (19 CFR part 177, 

subpart B), CBP issued a final 

determination concerning the country of 

origin of the GFCI which may be offered 

to the U.S. Government under an 

undesignated government procurement 

contract. This final determination, in 

HQ H047362, was issued at the request 

of Pass & Seymour, Inc. 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, the 

GFCI, assembled in Mexico from parts 

made in China, is substantially 

transformed in Mexico, such that 

Mexico is the country of origin of the 

finished article for purposes of U.S. 

government procurement. 

Section 177.29, Customs 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: March 26, 2009. 

Sandra L. Bell, 

Executive Director, Office of Regulations and 

Rulings, Office of International Trade. 

Attachment 

March 26, 2009. 

MAR–2–05 OT:RR:CTF:VS H047362 EE 

CATEGORY: Marking 

Daniel B. Berman, Esq., Hancock & 

Estabrook, LLP, 1500 AXA Tower I, 100 

Madison Street, Syracuse, NY 13202. 

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 Marking; 

Ground Fault Circuit Interrupter. 

Dear Mr. Berman: This is in response to 

your correspondence of November 20, 2008, 

requesting a final determination on behalf of 

Pass & Seymour, Inc. (‘‘P&S’’), pursuant to 

subpart B of part 177, Customs and Border 

Protection (‘‘CBP’’) Regulations (19 CFR 

177.21 et seq.). Under the pertinent 

regulations, which implement Title III of the 

Trade Agreements Act of 1979, as amended 

(19 U.S.C. 2511 et seq.), 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. 

This final determination concerns the 

country of origin of a ground fault circuit 

interrupter (‘‘GFCI’’). We note that P&S is a 

party-at-interest within the meaning of 19 

CFR § 177.22(d)(1) and is entitled to request 

this final determination. 

You also request a country of origin 

marking determination. 

FACTS: You describe the pertinent facts as 

follows. The business of P&S includes the 

design, manufacture, and distribution of 

GFCIs in the U.S. for residential and 

commercial use in electrical circuits of less 

than 1,000 volts. The GFCIs are electrical 

components, designed for permanent 

installation in electrical circuits, which are 

able to detect small imbalances in the 

circuit’s current caused by leakages of 

current to ground. When leakage is detected, 

the GFCI opens the electrical circuit, 

stopping the flow of current. Legrand, the 

parent company of P&S, produces the 

components of the GFCI in China through 

another subsidiary, Rocom Electric Co. Ltd. 

(‘‘Rocom’’). Rocom plans to ship the 

components to a facility in Mexico where 

thirty-two of the components will be 

assembled in a forty-two step process into a 

Printed Circuit Board subassembly (‘‘PCB’’), 

which will in turn be assembled, with 

twenty-nine other components, into the GFCI 

in a forty-three step process. The GFCI will 

be tested and packaged at the same facility. 

Upon completion of assembly, testing, and 

packaging, the GFCI will be imported into the 

U.S. by P&S for sale and distribution. 

The components from China include the 

following: cover, reset button, test button, 

light pipe, strap assembly, assembly 

terminals, contact, separator, springs, latch 

block top, spark gap blades, assembly screw 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15511 

terminals, armature, spring assembly, term 

assemblies, resistors, capacitors, diodes, 

LEDs, latches, solenoids, wires, back body, 

miswire cap, screws, and labels. A complete 

list of the sixty-one components was 

included with your submission. You have 

provided six exhibits, which include 

schematics, photographs, and the step-bystep assembly process of the GFCI in Mexico. 

Exhibit G shows phase one (the assembly of 

the PCB), which is comprised of forty-two 

discreet steps and thirty-two parts, takes 

approximately twelve minutes. Exhibit D 

shows phase two (the assembly of the GFCI 

from components including the PCB), which 

is comprised of forty-three discrete steps and 

thirty parts, takes approximately ten minutes. 

You claim that each step, unless otherwise 

noted, is completed by skilled workers who 

undergo an extensive training process. 

PCB assembly process: 

1. Apply adhesive to PCB (in three-up 

array). 

2–25. Place surface-mount electronic 

components onto foil-side of PCB: fourteen 

resistors; nine capacitors; integrated circuit. 

26. Cure adhesive in oven. 

27–32. Place leaded electronic components 

onto top-side of PCB: two jumper wires; 

Medal Oxide Varistor; Diode; Silicon 

Controlled Rectifier; Light Emitting Diode. 

33–34. Assemble bobbin solenoid 

subassembly—bobbin, latch block, latch, 

spring and auxiliary contact (two pcs). Fit 

subassembly into corresponding holes in 

PCB. 

35. Place spring over solenoid plunger and 

insert into hole in solenoid. 

36. Fit toroid subassembly into 

corresponding holes in PCB. 

37. Place leaded resistor through hole in 

toroid subassembly into PCB. 

38. Send PCB subassembly (still in array) 

through wave solder machine. 

39. Visually inspect solder side of PCB 

after wave solder, touch-up as required. 

40. Hand solder in miswire link between 

resistors R9 and R15. 

41. Send assembly through in-circuit test 

for component verification and measurement. 

42. Place array in press and singulate 

individual PCB subassemblies from array. 

GFCI assembly process: 

1. Place back body into date code fixture/ 

stamping-press and press button to apply 

date code on side of back body. 

2. Remove back body from date code 

fixture. Place hot terminal-screw/pressureplate assembly into back body cradle on line 

end. 

3. Place neutral terminal-screw/pressureplate assembly into back body cradle on line 

end. 

4. Place PCB subassembly into back body, 

capturing terminal-screw/pressure-plate 

subassemblies under line terminals. 

5. Place hot terminal-screw/pressure-plate 

subassembly into back body cradle on load 

end. 

6. Place neutral terminal-screw/pressureplate subassembly into back body cradle on 

load end. 

7. Place hot load terminal subassembly into 

back body, over load screw/pressure plate 

subassembly. 

8. Place neutral load terminal subassembly 

into back body, over load screw/pressure 

plate assembly. 

9. Place two break springs into latch block. 

10. Place latch block with springs onto line 

contacts, aligning leg of latch block over 

auxiliary switch on PCB. 

11. Drop separator over device, aligning 

test resistor lead through hole in separator. 

Snap separator onto back body. 

12. Place strap subassembly into center 

channel of separator. 

13. Place hot-side load contact into slot in 

separator. 

14. Bend test resistor lead over with finger 

to test blade slot. 

15. Press test blade leg into slot in 

separator, capturing test resistor lead in slot 

on bottom leg of test blade. 

16. Place neutral-side load contact into slot 

in separator. 

17. Place light pipe into hole/slot in 

separator. 

18. Place reset button/pin/make spring 

subassembly into hole through strap/ 

separator. 

19. Set two shutter subassemblies into 

pockets in device cover/test button 

subassembly. 

20. Place cover/test-button subassembly on 

top of device, fitting over reset button 

subassembly and light pipe. 

21. Turn device over. Place four assembly 

screws in holes at corners of back body. 

22. Run assembly screws in and torque 

down with driver. 

23. Place device in automated final tester 

fixture. 

24. Short circuit test. 

25. False trip test. 

26. Trip level test in forward polarity, full 

load. 

27. Trip level test in reverse polarity, full 

load. 

28. Grounded-neutral test. 

29. Test-button test. 

30. Dielectric test. 

31. Response time test with 500 ohm fault 

resistor. 

32. If device passes all tests, hand solder 

link across solder bridge on bottom of PCB 

to activate miswire circuit. 

33. Depress reset button on device and 

place device in automatic miswire-function 

tester. Push button to initiate test to verify 

device trips. 

34. If device passes, snap plastic cap into 

back body, covering miswire solder bridge. 

35. Remove miswire label from roll and 

apply across back body and load terminal 

screws. 

36. Remove UL label from roll and apply 

to neutral side of device, overlapping back 

body, separator and cover. 

37. Place cardboard protector over face of 

device. 

38. Place wallplate subassembly with 

captive screws over cardboard protector and 

face of device. 

39. Take stack of three pre-folded 

instruction sheets and fuse box label and 

place under device. 

40. Remove product box label from roll and 

place on flap of individual box. 

41. Assemble individual box, closing flap 

on one end. 

42. Slide device, protector, wallplate and 

instruction sheets into individual box and 

close flap. 

43. Place individual box into carton for 

shipping. 

ISSUES 

1. What is the country of origin of the GFCI 

for the purpose of U.S. government 

procurement? 

2. What is the country of origin of the GFCI 

for the purpose of marking? 

LAW AND ANALYSIS 

Government Procurement 

Pursuant to subpart B of part 177, 19 CFR 

177.21 et seq., which implements Title III of 

the Trade Agreements Act of 1979, as 

amended (19 U.S.C. 2511 et seq.), 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 purposes of 

granting waivers of certain ‘‘Buy American’’ 

restrictions in U.S. law or practice for 

products offered for sale to the U.S. 

Government. 

Under the rule of origin set forth under 19 

U.S.C. 2518(4)(B): 

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. 

government procurement, CBP applies the 

provisions of subpart B of part 177 consistent 

with the Federal Acquisition 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. 

48 CFR 25.003. 

In determining whether the combining of 

parts or materials constitutes a substantial 

transformation, the determinative issue is the 

extent of operations performed and whether 

the parts lose their identity and become an 

integral part of the new article. Belcrest 

Linens v. United States, 573 F. Supp. 1149 

(Ct. Int’l Trade 1983), aff’d, 741 F.2d 1368 

(Fed. Cir. 1984). Assembly operations that are 

minimal or simple, as opposed to complex or 

meaningful, will generally not result in a 

substantial transformation. Factors which 


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15512 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

may be relevant in this evaluation may 

include the nature of the operation 

(including the number of components 

assembled), the number of different 

operations involved, and whether a 

significant period of time, skill, detail, and 

quality control are necessary for the assembly 

operation. See C.S.D. 80–111, C.S.D. 85–25, 

C.S.D. 89–110, C.S.D. 89–118, C.S.D. 90–51, 

and C.S.D. 90–97. If the manufacturing or 

combining process is a minor one which 

leaves the identity of the article intact, a 

substantial transformation has not occurred. 

Uniroyal, Inc. v. United States, 3 CIT 220, 

542 F. Supp. 1026 (1982), aff’d 702 F. 2d 

1022 (Fed. Cir. 1983). 

In order to determine whether a substantial 

transformation occurs when components of 

various origins are assembled into completed 

products, CBP considers the totality of the 

circumstances and makes such 

determinations on a case-by-case basis. The 

country of origin of the item’s components, 

extent of the processing that occurs within a 

country, and whether such processing 

renders a product with a new name, 

character, and use are primary considerations 

in such cases. Additionally, factors such as 

the resources expended on product design 

and development, extent and nature of postassembly inspection and testing procedures, 

and the degree of skill required during the 

actual manufacturing process may be 

relevant when determining whether a 

substantial transformation has occurred. No 

one factor is determinative. 

In a number of rulings (e.g., HQ 735608, 

dated April 27, 1995 and HQ 559089 dated 

August 24, 1995), CBP has stated: ‘‘in our 

experience these inquiries are highly fact and 

product specific; generalizations are 

troublesome and potentially misleading. The 

determination is in this instance ‘a mixed 

question of technology and Customs law, 

mostly the latter.’ ’’ Texas Instruments, Inc. v. 

United States, 681 F.2d 778, 783 (CCPA 

1982). 

In C.S.D. 85–25, 19 Cust. Bull. 844 (1985), 

CBP held that for purposes of the Generalized 

System of Preferences, the assembly of a large 

number of fabricated components onto a 

printed circuit board in a process involving 

a considerable amount of time and skill 

resulted in a substantial transformation. In 

that case, in excess of 50 discrete fabricated 

components (such as resistors, capacitors, 

diodes, integrated circuits, sockets, and 

connectors) were assembled. In HQ 711967, 

dated March 17, 1980, CBP held that 

television sets which were assembled in 

Mexico with printed circuit boards, power 

transformers, yokes and tuners from Korea 

and picture tubes, cabinets, and additional 

wiring from the U.S. were products of 

Mexico for country of origin marking 

purposes. The U.S. and Korean parts were 

substantially transformed by the processing 

performed in Mexico and all the components 

lost their individual identities to become 

integral parts of the new article—a television. 

In HQ 561734, dated March 22, 2001, CBP 

held that certain multifunctional machines 

(consisting of printer, copier, and fax 

machines) assembled in Japan were a product 

of that country for the purposes of U.S. 

government procurement. The 

multifunctional machines were assembled 

from 227 parts (108 parts obtained from 

Japan, 92 from Thailand, 3 from China, and 

24 from other countries) and eight 

subassemblies, each of which was assembled 

in Japan. In finding that the imported parts 

were substantially transformed in Japan, CBP 

stated that the individual parts and 

components lost their separate identities 

when they became part of the multifunctional machine. See also HQ 561568, 

dated March 22, 2001. 

This case involves sixty-one components 

manufactured in China which are proposed 

to be assembled in Mexico in a two phase 

process, largely by skilled workers using 

sophisticated equipment. The first phase is 

the assembly of the PCB and involves a fortytwo step process which will take 

approximately twelve minutes. After a 

careful consideration of the pertinent facts 

and authorities, we find that the assembly of 

the PCB, which consists of inserting all active 

and passive components into a bare printed 

circuit board and soldering all components 

necessary for the completion of the 

subassembly, is technically complex. 

Further, the PCB has all the major 

components necessary for the GFCI to fulfill 

its function. These components include the 

active and passive components, the solenoid 

bobbin assembly with both coils/inductors, 

hot and neutral ‘‘Line’’ terminals, test, trip 

and reset contacts. Therefore, the PCB 

imparts the essential character of the GFCI. 

In the second phase, the PCB will be 

assembled with twenty-nine other 

components, into the GFCI in a forty-three 

step process which will take approximately 

ten minutes. Under the described two-phase 

assembly process, the foreign components 

lose their individual identities and become 

an integral part of a new article, the GFCI, 

possessing a new name, character and use. 

Based upon the information before us, we 

find that the components that are used to 

manufacture the GFCI, including the 

technically complex PCB assembled in 

Mexico, are substantially transformed as a 

result of the assembly operations performed 

in Mexico, and that the country of origin of 

the GFCI for government procurement 

purposes is Mexico. 

Country of Origin Marking 

Section 304 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1304), provides that, 

unless excepted, every article of foreign 

origin imported into the United States shall 

be marked in a conspicuous place as legibly, 

indelibly, and permanently as the nature of 

the article (or container) will permit, in such 

manner as to indicate to the ultimate 

purchaser in the U.S. the English name of the 

country of origin of the article. 

Part 134, CBP Regulations (19 CFR 134), 

implements the country of origin marking 

requirements and exceptions of 19 U.S.C. 

1304. Section 134.1(b), CBP Regulations (19 

CFR 134.1(b)), defines the country of origin 

of an article as the country of manufacture, 

production, or growth of any article of 

foreign origin entering the United States. 

Further work or material added to an article 

in another country must effect a substantial 

transformation in order to render such other 

country the country of origin for country of 

origin marking purposes; however, for a good 

of a NAFTA country, the NAFTA Marking 

Rules will determine the country of origin. 

Section 134.1(j), CBP Regulations provides 

that the ‘‘NAFTA Marking Rules’’ are the 

rules promulgated for purposes of 

determining whether a good is a good of a 

NAFTA country. Section 134.1(g), CBP 

Regulations defines a ‘‘good of a NAFTA 

country’’ as an article for which the country 

of origin is Canada, Mexico or the United 

States as determined under the NAFTA 

Marking Rules. 

Part 102, CBP Regulations (19 CFR 102), 

sets forth the ‘‘NAFTA Marking Rules’’ for 

purposes of determining whether a good is a 

good of a NAFTA country. Section 102.11, 

CBP Regulations (19 CFR § 102.11) sets forth 

the required hierarchy for determining 

country of origin for marking purposes. 

Section 102.11(a), CBP Regulations provides 

that the country of origin of a good is the 

country in which: 

(1) The good is wholly obtained or 

produced; 

(2) The good is produced exclusively from 

domestic materials; or 

(3) Each foreign material incorporated in 

that good undergoes an applicable change in 

tariff classification set out in section 102.20 

and satisfies any other applicable 

requirements of that section, and all other 

requirements of these rules are satisfied. 

‘‘Foreign Material’’ is defined in section 

102.1(e), CBP Regulations as ‘‘a material 

whose country of origin as determined under 

these rules is not the same country as the 

country in which the good is produced.’’ 

Section 102.11(a)(1) and (2) do not apply 

to the facts presented in this case because the 

GFCI, assembled in Mexico from Chinese 

components, is neither wholly obtained or 

produced, nor produced exclusively from 

domestic (i.e., Mexican) materials. Since an 

analysis of sections 102.11(a)(1) and 

102.11(a)(2) will not yield a country of origin 

determination, we look to section 

102.11(a)(3) to determine whether the foreign 

materials incorporated in the GFCI undergo 

an applicable change in tariff classification 

(or other applicable requirement) under 

section 102.20. The GFCI is classified in 

subheading 8536.30.80, Harmonized Tariff 

Schedule of the United States (‘‘HTSUS’’). 

The applicable tariff shift rule found in 

section 102.20(o) provides as follows: 

8536.10–8536.90 A change to subheading 

8536.10 through 8536.90 from any other 

subheading, including another subheading 

within that group. 

In this case, the foreign materials 

incorporated in the GFCI are classified in 

subheadings other than subheading 8536.30, 

HTSUS. Since the components are classified 

in a different subheading than the GFCI, the 

requisite tariff shift rule is met. Therefore, 

pursuant to 19 CFR 102.11(a)(3), the country 

of origin of the GFCI is Mexico. 

With regard to the marking requirements, 

section 134.43(e), CBP Regulations (19 CFR 

134.43(e)), provides, in pertinent part that: 

Where an article is produced as a result of 

an assembly operation and the country of 

origin of such article is determined under 

this chapter to be the country in which the 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15513 

article was finally assembled, such article 

may be marked, as appropriate, in a manner 

such as the following: 

(1) Assembled in (country of final 

assembly); 

(2) Assembled in (country of final 

assembly) from components of (name of 

country or countries of origin of all 

components); or 

(3) Made in, or product of, (country of final 

assembly). 

The GFCI was the result of an assembly 

operation and was finally assembled in 

Mexico within the meaning of 19 CFR 

134.43(e). Therefore, we find that the GFCI 

may be marked ‘‘Made in Mexico,’’ 

‘‘Assembled in Mexico,’’ or ‘‘Product of 

Mexico.’’ 

HOLDINGS 

The components that are used to 

manufacture the GFCI are substantially 

transformed as a result of the assembly 

operations performed in Mexico. Therefore, 

the country of origin of the GFCI for 

government procurement purposes is 

Mexico. 

Pursuant to 19 U.S.C. 1304, the country of 

origin of the GFCI for country of origin 

marking purposes is Mexico. 

The GFCI may be marked ‘‘Made in 

Mexico,’’ ‘‘Assembled in Mexico,’’ or 

‘‘Product of Mexico.’’ 

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 after publication 

of the Federal Register notice referenced 

above, seek judicial review of this final 

determination before the Court of 

International Trade. 

Sincerely, 

Sandra L. Bell, 

Executive Director, Office of Regulations and 

Rulings, Office of International Trade. 

[FR Doc. E9–7609 Filed 4–3–09; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

Tuna—Tariff-Rate Quota; The TariffRate Quota for Calendar Year 2009 

Tuna Classifiable Under Subheading 

1604.14.22, Harmonized Tariff 

Schedule of the United States (HTSUS) 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Announcement of the quota 

quantity of tuna in airtight containers 

for Calendar Year 2009. 

SUMMARY: Each year the tariff-rate quota 

for tuna described in subheading 

1604.14.22, HTSUS, is based on the 

apparent United States consumption of 

tuna in airtight containers during the 

preceding Calendar Year. This 

document sets forth the tariff-rate quota 

for Calendar Year 2009. 

EFFECTIVE DATES: The 2009 tariff-rate 

quota is applicable to tuna entered or 

withdrawn from warehouse for 

consumption during the period January 

1, through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Headquarters Quota Branch, Textile/ 

Apparel Policy and Programs Division, 

Trade Policy and Programs, Office of 

International Trade, U.S. Customs and 

Border Protection, Washington, DC 

20229, (202) 863–6560. 

Background 

It has been determined that 

18,457,467 kilograms of tuna in air-tight 

containers may be entered and 

withdrawn from warehouse for 

consumption during the Calendar Year 

2009, at the rate of 6 percent ad valorem 

under subheading 1604.14.22, HTSUS. 

Any such tuna which is entered or 

withdrawn from warehouse for 

consumption during the current 

calendar year in excess of this quota 

will be dutiable at the rate of 12.5 

percent ad valorem under subheading 

1604.14.30 HTSUS. 

Dated: April 1, 2009. 

Daniel Baldwin, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. E9–7612 Filed 4–3–09; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5297–N–01] 

Notice of Proposed Information 

Collection: Comment Request; Opinion 

by Counsel to the Mortgagor (FHA) 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

will be submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

DATES: Comments Due Date: June 5, 

2009. 

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: 

Lillian Deitzer, Departmental Reports 

Management Officer, QDAM, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Washington, DC 20410; e-mail 

Lillian_L._Deitzer@HUD.gov or 

telephone (202) 402–8048. 

FOR FURTHER INFORMATION CONTACT: 

Millicent Potts, Assistant General 

Counsel, Multifamily Mortgage 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 9230, Washington, DC 20410, 

telephone (202) 708–4090 (this is not a 

toll free number). Copies of the form 

documents to be submitted to OMB for 

review can be obtained from Ms. Potts 

or from HUD’s Web site: http:// 

www.hud.gov/offices/adm/hudclips/ 

forms/. 

SUPPLEMENTARY INFORMATION: The 

Department is submitting the proposed 

information collection to OMB for 

review, as required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35, as amended). 

This Notice is soliciting comments 

from members of the public and affected 

agencies concerning the proposed 

collection of information to: (1) Evaluate 

whether the proposed collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (2) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Minimize the 

burden of the collection of information 

on those who are to respond; including 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

This Notice also lists the following 

information: 

Title of Proposal: Opinion by Counsel 

to the Mortgagor (FHA). 

OMB Control Number, if applicable: 

2510–0010. 

Description of the need for the 

information and proposed use: The 

opinion is required to provide comfort 

to HUD and the mortgagee in 

multifamily rental and health care 

facility mortgage insurance transactions. 

Agency form numbers, if applicable: 

HUD–91725, 91725–instr, 91725–CERT. 

Estimation of the total numbers of 

hours needed to prepare the information 

collection including number of 

respondents, frequency of response, and 

hours of response: As closings occur in 


pwalker on PROD1PC71 with NOTICES