31510 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 

comment applies, and provide a reason 

for each suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

http://www.regulations.gov/. To do so, 

go to https://www.regulations.gov, type 

USCG–2019–0882 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Next, look for 

the draft environmental impact 

statement in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using http://

www.regulations.gov/, contact the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. The draft EIS and 

public comments will be available in 

our online docket at http://

www.regulations.gov/ and can be 

viewed by following that website’s 

instructions. 

Viewing material in docket. To view 

documents mentioned in this notice as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. All substantive 

and relevant comments received will be 

posted without change to http://

www.regulations.gov/ and will include 

any personal information you have 

provided. For more information about 

privacy and submissions to the docket 

in response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

Virtual Public Meeting. Due to the 

ongoing COVID–19 pandemic, the Coast 

Guard intends to hold a virtual public 

meeting to receive oral comments on 

this draft EIS. The meeting will be held 

on June 30, 2021 from 6 to 9 p.m. 

(Central), and can be accessed online at 

https://ch2m-pge.my.webex.com/ch2mpge.my/j.php?MTID=m45e9e9fb75098

9eb89f8bf260630b06c. Attendees may 

also join by phone. The call-in number 

is 1–510–338–9438 (USA toll) and the 

access code is 182 625 0321. The 

meeting is expected to last 

approximately 3 hours. 

The virtual meeting is open to the 

public. Those who plan to attend the 

meeting and wish to present substantive 

and relevant comments may request to 

do so through the online docket at 

http://www.regulations.gov, and will be 

called in order of requests received. 

Attendees who have not previously 

made a request to present comments 

will follow those who have already 

submitted a request, as time permits. If 

a large number of persons wish to speak, 

the presiding officer may be required to 

limit the time allotted to each speaker. 

It is requested that one member from a 

group speak on behalf of that group in 

order to allow more views to be 

presented. The public meeting may end 

early if all present wishing to speak 

have done so. 

A transcript of the meeting will be 

made available for public review 

approximately 30 days after the 

meeting. All substantive and relevant 

comments will be incorporated into the 

official case record. 

Information on Service for Individuals 

with Disabilities: For information on 

services for individuals with disabilities 

or to request special assistance during 

the public meeting contact Mr. Rob 

McCaskey at the telephone number 

under the FOR FURTHER INFORMATION

CONTACT section of this notice. 

This notice is issued under the 

authority of 5 U.S.C. 552(a) and 40 CFR 

1506.6. 

Dated: June 8, 2021. 

Brian L. Dunn, 

Chief, U.S. Coast Guard, Office of Bridge 

Programs. 

[FR Doc. 2021–12336 Filed 6–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning Certain 

Fixed and Portable Patient Ceiling Lift 

Systems 

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 certain fixed and portable 

patient ceiling lift systems that will be 

installed at a patient’s residence or 

healthcare setting. Based upon the facts 

presented, CBP has concluded in the 

final determination that the patient 

ceiling lift systems would not be 

products of a foreign country or 

instrumentality designated pursuant to 

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

Government procurement. 

DATES: The final determination was 

issued on June 4, 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 no later than 

July 14, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Albena Peters, Valuation and Special 

Programs Branch, Regulations and 

Rulings, Office of Trade, at (202) 325– 

0321. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on June 4, 2021, CBP 

issued a final determination concerning 

the country of origin of fixed and 

portable patient ceiling lift systems for 

purposes of Title III of the Trade 

Agreements Act of 1979. This final 

determination, HQ H309124, was issued 

at the request of the party-at-interest, 

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 fixed and portable patient 

ceiling lift systems would not be 

products 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 a notice of final 

determination 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-atinterest, 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: June 4, 2021. 

Joanne R. Stump, 

Acting Executive Director, Regulations and 

Rulings, Office of Trade. 

HQ H309124 

June 4, 2021 

OT:RR:CTF:VS H309124 AP 

CATEGORY: Origin 

Luis F. Arandia, Jr. 

Polsinelli PC 

2950 N Harwood St., Ste. 2100 

Dallas, TX 75201 

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 Fixed 

and Portable Patient Ceiling Lift Systems 

Dear Mr. Arandia: 


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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 31511 

1 You submitted a supplemental letter on 

February 26, 2020. 

2See Handicare, Ceiling Lifts, https://

www.handicareusa.com/product-category/ 

homecare/ceiling-lifts/ (last visited May 17, 2021). 

3The regular track is the standard rail for most 

applications while the super track is a heavier rail 

for longer free spans between attachment points. 

This is in response to your February 4, 

2020 request,1 on behalf of Handicare USA, 

for a final determination concerning the 

country of origin of patient ceiling lift 

systems. This request is being sought because 

your client wants to confirm eligibility of the 

merchandise for U.S. government 

procurement purposes under Title III of the 

Trade Agreements Act of 1979 (‘‘TAA’’), as 

amended (19 U.S.C. 2511 et seq.). Handicare 

USA is a party-at-interest within the meaning 

of 19 CFR 177.22(d)(1) and 177.23(a). 

Facts 

Handicare USA is the U.S. subsidiary of 

the Handicare Group AB based in Stockholm, 

Sweden, which manufactures patient ceiling 

lift systems.2 Handicare USA’s North 

American headquarters and manufacturing 

facility is in St. Louis, Missouri with local 

offices across the U.S. and Canada. These 

offices are full-service centers that include 

inventory, customer service, technical 

support, sales, and a showroom. 

You describe the subject patient ceiling lift 

systems as consisting of a ceiling lift unit 

mounted on a XY rail system. Each ceiling 

lift system is assembled and installed at a 

patient’s residence or healthcare setting. The 

ceiling systems can be fixed (model C–625) 

or portable (model P–440). The fixed lift 

remains on the same track system and cannot 

be moved to another room. For the portable 

system, the lift is designed to be taken down 

from the track system and moved to a 

different track system in another room. 

The major components of the fixed and 

portable ceiling lift systems are the regular 

and super tracks, charging station 

subassembly, gantry subassembly, ceiling lift 

motor subassembly, and patient carry bar 

subassembly. The regular and super tracks 3

of Canadian or Mexican origin are subcomponents of the entire system and are 

imported with no additional assembly. The 

charging station of U.S. origin consists of a 

charging battery, housing, and cables. The 

gantry of U.S. origin consists of trolley 

wheels, track brackets, fasteners, washers, 

and spacers, and may include a charger 

block. The carry bar of Chinese or Canadian 

origin is fitted with bull horn or spring latch 

connectors, and narrow or wide bars. You 

describe the ceiling lift motor subassembly as 

‘‘the heart’’ of the entire lift system and as 

U.S.-originating. It consists of the ceiling lift 

motor, circuit board, and housing. The 

portable ceiling lift motor subassembly 

(model P–440) has a U.S. originating motor 

and circuit board. The fixed ceiling lift motor 

subassembly (model C–625) has a U.K.- 

originating motor and U.S.-originating board. 

The hardware components are the aboveceiling attachments that comprise the 

mounting for the patient lift system and 

include the perpendicular brace strut 

channel (U.S. or Taiwanese origin), bracket 

(Canadian or Mexican origin), end pin 

(Chinese origin), end cap (Canadian or 

Mexican origin), strut channel (U.S. or 

Taiwanese origin), and bolt, lock washer, 

threaded rod, hex nut, fitting, lock washer, 

channel nut, coupler nut, seismic wedge 

anchor, and square washer (originating from 

various countries including China). 

The charging station, gantry, and ceiling 

lift motor subassemblies occurs in Handicare 

USA’s manufacturing facility in St. Louis. At 

the customer installation site, Handicare 

USA modifies the tracks and assembles them 

with the charging station, gantry, ceiling lift 

motor, and carry bar subassemblies into the 

patient ceiling lift system. The installation 

process involves measuring and laying out 

where the tracks and the attachment points 

to concrete deck and ceiling brackets should 

go; installing the structure and the parallel 

tracks; installing the traversing track, trolley 

and lift; and testing and verification. The 

installation includes machine processes such 

as cutting struts using a band saw, cutting a 

threaded rod, and drilling into a ceiling. 

Issue 

What is the country of origin of the subject 

patient lift systems for purposes of U.S. 

Government procurement? 

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 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, pursuant to subpart B of 

Part 177, 19 CFR 177.21–177.31, which 

implements Title III of the TAA, as amended 

(19 U.S.C. 2511–2518). 

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. 

The rule of origin set forth under 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. 

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 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, 48 

CFR 25.003, 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. 

Section 25.003 defines ‘‘designated country 

end product’’ as: 

a 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. 

Section 25.003 defines ‘‘WTO GPA country 

end product’’ as an article that: 

(1) Is wholly the growth, product, or 

manufacture of a WTO GPA 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 a WTO GPA 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. 

Canada and the U.K. are WTO GPA 

countries. China and Mexico are not. 

You advise that the lift motor, charging 

station, and gantry are of U.S. origin and are 

sub-assembled in the U.S. The key 

components of the lift motor, which is the 

most important subassembly characterized as 

‘‘the heart’’ of the patient lift systems, are the 

motor and circuit board. The motor is of U.S. 

(portable lift) or U.K. origin (fixed lift), and 

the board is of U.S. origin (both fixed and 

portable lifts). The final assembly in the U.S. 

fully integrates the subassemblies, the tracks, 

and the above-ceiling attachments. The U.S. 

installation involves cutting struts using a 

band saw and cutting a threaded rod. The 

U.S. operations as described are complex and 

meaningful requiring significant skill, 

technical expertise, and quality control. As a 

result of the U.S. operations, the 

subassemblies are substantially transformed 

to produce the fully functional and 

operational fixed and portable patient lift 

systems. 

Accordingly, the instant fixed and portable 

patient lift systems would not be products of 

a foreign country or instrumentality 

designated pursuant to 19 U.S.C. 2511(b)(1). 

As to whether they qualify as ‘‘U.S.-made 

end product,’’ we encourage you to review 

the 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. 


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31512 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices 

1 ICAO was established under the Convention on 

International Civil Aviation, also known as the 

Chicago Convention, as a specialized agency of the 

United Nations Economic and Social Council. 

Member states collaborate to implement and 

comply with ICAO security standards and 

recommended practices, and must send official 

notice to ICAO whenever their domestic regulatory 

framework differs from an established ICAO 

Standard. 

2See 85 FR 20234 (April 10, 2020). 

3See 49 U.S.C. 114(f)(10) and 44901(g). 

4See 49 CFR part 1549. 

5TSA’s regulations require certain commercial 

aircraft operators and foreign carriers to operate 

under a TSA approved or accepted security 

program. TSA provides standard, or pre-approved 

programs, that covered aircraft operators and 

foreign air carriers may adopt to expedite the 

review process and reduce the burden for regulated 

parties. There are separate security programs that 

reflect differences among the industry, such as 

passenger or cargo and U.S. or foreign-based. TSA 

also has standard programs for operations that 

support the aviation industry, such as Indirect Air 

Carriers and Certified Cargo Screening Facilities. 

TSA’s current security programs for cargo 

transported on passenger aircraft include measures 

that meet the Chicago Convention’s standards. 

6See 49 CFR 1540.5. 

7See 49 CFR 1548.7(b). 

Holding 

The subject fixed and portable patient lift 

systems would not be products of a foreign 

country or instrumentality designated 

pursuant to 19 U.S.C. 2511(b)(1). You should 

consult with the relevant government 

procuring agency to determine whether the 

lifts qualify as ‘‘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. 2021–12352 Filed 6–11–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

[Docket No. TSA–2020–0001] 

Announcing Opportunity To Become a 

Secured Packing Facility 

AGENCY: Transportation Security 

Administration, Department of 

Homeland Security (DHS). 

ACTION: Notice. 

SUMMARY: The Transportation Security 

Administration (TSA) is announcing the 

opportunity for manufacturers, 

shippers, suppliers, warehouses, 

vendors, e-commerce fulfillment 

centers, and third-party logistics 

providers in the air cargo supply chain 

to become a Secured Packing Facility 

(SPF). SPFs must apply security 

controls to secure cargo that moves 

through the supply chain destined for 

outbound international locations 

onboard all-cargo aircraft subject to TSA 

regulatory oversight. As a prerequisite to 

becoming an SPF, interested persons 

must first become an Indirect Air Carrier 

(IAC) regulated by TSA and agree to 

adopt the TSA’s SPF Order. If these 

requirements are met, cargo 

appropriately transferred to a TSAregulated all-cargo aircraft operator by 

an SPF would not need to be screened 

in order to meet international 

requirements that take effect on June 30, 

2021. This notice is being published to 

ensure all interested persons are aware 

of the opportunity to become an SPF. 

DATES: TSA will accept applications 

from IACs to become an SPF beginning 

at 12:01 a.m. (EDT) on June 14, 2021. 

ADDRESSES: Interested persons can 

contact https://iac.tsa.dhs.gov/iac/ 

contactUs.go to obtain a copy of the 

information contained in this notice. 

FOR FURTHER INFORMATION CONTACT: 

Ronoy Varghese, Transportation 

Security Administration, 6595 

Springfield Center Drive, Springfield, 

VA 20598; telephone (571) 227–3555; 

email ronoy.varghese@tsa.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. International Civil Aviation 

Organization (ICAO) Security Standards 

TSA developed the SPF program to 

provide an option for the air cargo 

industry to mitigate the cost of 

compliance with a TSA requirement 

that takes effect on June 30, 2021. This 

requirement will meet ICAO standards 

and recommended practices issued by 

ICAO under Annex 17. Under the new 

standard, ICAO member states 1 must 

ensure that all international outbound 

air cargo transported on commercial 

aircraft is either (1) screened to a level 

intended to identify and/or detect the 

presence of concealed explosive devices 

or (2) transported under appropriate 

security controls throughout the cargo 

supply chain to prevent the 

introduction of concealed explosive 

devices. A more complete discussion of 

ICAO and these requirements can be 

found in the Request for Information 

that TSA published in 2020.2

B. United States Requirements for 

Screening of Air Cargo 

TSA is statutorily required to ensure 

the adequacy of security measures for 

the transportation of air cargo.3 TSA 

developed the Certified Cargo Screening 

Program to provide additional means of 

compliance with the requirements for 

air cargo transported on passenger 

aircraft.4 In addition, TSA developed 

the Third-Party Canine-Cargo program 

as an effective and efficient means for 

screening cargo transported on 

passenger or all-cargo aircraft. TSA also 

recognizes Shipper Certified Cargo 

Screening Facilities (CCSFs.) Shipper 

CCSFs are manufacturers who apply the 

security controls required for CCSFs at 

the manufacturing and original 

packaging level, and then directly 

transfers the cargo to an aircraft operator 

without the necessity of additional 

screening. Currently, the medical and 

pharmaceutical manufacturers have 

taken advantage of the Shipper CCSFs. 

Cargo tendered by a Shipper CCSF may 

be transported on any commercial 

aircraft. Because of these requirements 

and programs, TSA already complies 

with the ICAO requirements as applied 

to cargo transported by aircraft operators 

and foreign air carriers engaged in 

commercial passenger transportation 

and has provided options available to 

support screening by all-cargo 

operators.5

C. Indirect Air Carriers 

TSA’s regulations define an IAC as 

‘‘any person or entity within the United 

States not in possession of [a Federal 

Aviation Administration] air carrier 

operating certificate, that undertakes to 

engage indirectly in air transportation of 

property, and that uses for all or any 

part of such transportation the services 

of an air carrier.’’ 6 TSA estimates that 

there are approximately 3,200 entities in 

the United States operating as IACs, 

ranging from sole proprietors working 

out of their homes to large corporations. 

Under 49 CFR 1548.5, each IAC must 

adopt and carry out a TSA-approved 

security program. This program must be 

renewed each year.7 TSA Principal 

Security Inspectors (PSIs) are 

responsible for the security program 

application process and for approval of 

IAC certifications. 

D. Secured Packing Facilities 

Through this notice, TSA is 

announcing the opportunity for entities 

within the air cargo supply chain to 

become SPFs. TSA developed the 

concept of the SPF to provide an 


lotter on DSK11XQN23PROD with NOTICES1