[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Notices]
[Pages 1640-1642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-241]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[USCBP-2007-0099]


Testing of Pressed and Toughened (Specially Tempered) Glassware

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice; solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: This document proposes modifications to the standard applied 
by U.S. Customs and Border Protection (``CBP'') for the testing of 
pressed and toughened (specially tempered) glassware, as set forth in 
Treasury Decision (T.D.) 94-26, published in the Federal Register on 
March 22, 1994. In this regard, this document proposes revised criteria 
for interpreting the results obtained from the cutting test for opaque 
glassware and sets forth an interpretation of breakage in that test. 
This document also proposes to reinstate a previously used testing 
method, referred to as the center punch test, and sets forth a 
description of the center punch apparatus to be used for the proposed 
test. In addition, it is proposed to provide for the optional use of 
additional tests that would be used to verify the results obtained from 
the testing procedures specifically identified in this document. This 
document invites the public to submit comments to CBP on the proposed 
modifications to the standards for the testing of pressed and toughened 
(specially tempered) glassware.

[[Page 1641]]


DATES: Comments must be received on or before February 25, 2008.

ADDRESSES: You may submit comments, identified by docket number USCBP 
2007-0099, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number USCBP 
2007-0099.
    <bullet> Mail: Trade and Commercial Regulations Branch, Regulations 
and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania 
Avenue, NW. (Mint Annex), Washington, DC 20229.
    Instructions: All submissions received must include the agency name 
and docket number for this general notice. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Comments submitted 
and the current testing method used by CBP will also be available for 
public inspection in accordance with the Freedom of Information Act (5 
U.S.C. 552) and Sec.  103.11(b) of the Customs and Border Protection 
Regulations (19 CFR 103.11(b)), on regular business days between the 
hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations 
Branch, Regulations and Rulings, U.S. Customs and Border Protection, 
799 9th Street, NW. (5th Floor), Washington, DC. Arrangements to 
inspect submitted comments should be made in advance by calling Joseph 
Clark at (202) 572-8768.

FOR FURTHER INFORMATION CONTACT: Margaret Chinn, Office of Information 
and Technology, Laboratories and Scientific Services, (202) 344-1566; 
Stephen Cassata, Office of Information and Technology, Laboratories and 
Scientific Services, (202) 344-1309.

SUPPLEMENTARY INFORMATION: 

Public Participation

    Interested persons are invited to submit written data, views, or 
arguments on all aspects of this general notice. If appropriate to a 
specific comment, the commenter should reference the specific portion 
of the general notice, explain the reason for any suggested change, and 
include data, information, or authority that support such recommended 
change.

Background

    This document proposes modifications to the criteria currently 
utilized by U.S. Customs and Border Protection (``CBP'') to test 
certain glassware articles to ascertain whether they are ``pressed and 
toughened (specially tempered)'' for tariff classification purposes 
under the Harmonized Tariff Schedule of the United States (``HTSUS''). 
The glassware articles subject to such testing procedures are generally 
imported into the United States under subheadings 7013.28.05, 
7013.37.05, 7013.42.10, 7013.49.10, and 7013.99.20, HTSUS. It should be 
noted that articles of ``safety glass, consisting of toughened 
(tempered) or laminated glass'' that are normally imported under 
heading 7007, HTSUS (e.g., architectural plate glass and vehicle 
windshields), are not within the purview of this notice. As such, CBP 
is not soliciting comments regarding the methods employed to analyze 
those articles.
    Information regarding the apparatus used, glass sample preparation, 
and the actual methods employed by CBP to test glassware articles to 
determine whether they are pressed and toughened (specially tempered) 
were set forth in the Federal Register (59 FR 13531, March 22, 1994; 
see also, 59 FR 16895, April 8, 1994, correcting ``T.D. 94-25'' to 
``T.D. 94-26''). Under T.D. 94-26, photographic equipment, 
polariscopes, tile saws (or similar table-mounted circular saws), or 
other apparatus and supplies, such as calipers, ovens, and water baths, 
may be used to test subject glassware articles. With respect to sample 
preparation, T.D. 94-26 provides that a representative number of 
samples should be analyzed but recognizes the possibility that only one 
sample may be available for testing.
    The analysis method to be used for the testing of pressed and 
toughened (specially tempered) glassware under T.D. 94-26 consists of 
three tests. They are the ``macroscopic analysis'', ``thermal shock 
test'', and ``evaluation of temper''. The evaluation of temper test 
utilizes a polariscope for transparent or translucent glassware and a 
cutting test for opaque glassware.
    This document proposes modifications to the cutting test for opaque 
glassware. Under the proposal, the testing procedures for the 
macroscopic test, thermal shock test, and polariscopic examination 
aspect of the evaluation of temper test will remain the same. This 
document also sets forth proposed guidelines for the reinstatement of a 
previously used test referred to as the ``center punch test'', and adds 
a description of the center punch apparatus that will be used for the 
test. In addition, this document proposes to provide for the optional 
use of additional tests that would be used only to verify the results 
obtained from the testing procedures specifically identified in this 
document. A more detailed description of the modifications proposed to 
the standards for the testing of pressed and toughened (specially 
tempered) glassware is set forth below.

Current Procedures

    As noted above, the analysis method to be used for the testing of 
pressed and toughened (specially tempered) glassware consists of the 
macroscopic analysis, thermal shock test, and evaluation of temper. As 
it is not proposed to change the macroscopic analysis or thermal shock 
test, those tests are not described in this document. Likewise, as the 
polariscopic examination portion of the evaluation of temper test is 
not proposed to be changed, that test is also not discussed in this 
document.
    The cutting test for opaque glassware is used for opaque glassware 
and translucent glassware that cannot be examined polariscopically 
because they do not transmit adequate polarized light. In order to 
perform the test under current procedures, T.D. 94-26 states that the 
analyst must initially ensure that a saw is equipped with a continuous 
rim diamond blade that is designed for wet cutting glass. The analyst 
must then adjust the cutting head of the saw vertically and 
horizontally, as necessary, to accommodate the glassware article and 
ensure that the water supply to both sides of the diamond-rimmed blade 
is adequate. The saw is then turned on and the glassware article is 
slowly moved into contact with the blade where it is cut as necessary. 
In order to provide guidance in interpreting the results obtained from 
this test, T.D. 94-26 states that annealed (non-tempered) glassware 
will readily accept the diamond-rimmed blade and will be cleanly cut in 
half. Tempered glass, on the other hand, will break into pieces when 
cut. In addition, it is noted that tempered soda lime and borosilicate 
glass will break almost immediately, whereas tempered fluorosilicate 
glass will not break until the blade has cut through at least part of 
the article. The extent of cutting needed to induce breakage under this 
test may vary from item to item, but in no event will

[[Page 1642]]

tempered articles be cleanly cut in half by the diamond-rimmed blade.

Proposed Changes to Cutting Test for Opaque Glassware

    This document proposes changes to the cutting test for opaque 
glassware set forth in T.D. 94-26. Specifically, it is proposed to 
revise the criteria used to interpret the results obtained from the 
test and to add an interpretation of breakage in the test because the 
guidelines set forth in T.D. 94-26 did not clearly explain how such 
breakage should be interpreted. Under the proposal, CBP will interpret 
the test such that the presence of ``some'' dicing or crazing would be 
sufficient to determine that a glass article has been specially 
tempered for tariff classification purposes. Under this standard, 
``some'' would be considered to be any diced, crazed (gravel that 
remains tenuously in contact with neighboring pieces), or graveled 
(presence of small cubes of approximately equal dimensions on all six 
sides) fragments yielded from the cut sample that is more than just a 
fugitive diced, crazed, or graveled fragment. Also under the proposal, 
the references to tempered soda lime, borosilicate, and fluorosilicate 
glass that are currently in the test would be removed because the 
composition of the glass is not relevant for testing purposes.

Proposal To Add Center Punch Test

    This document also proposes to reinstate a previously used test, 
referred to as the center punch test, to be used for the testing of 
pressed and toughened (specially tempered) glassware. It is also 
suggested that if a sample is less than five inches in diameter or five 
inches wide, it would be considered too dangerous to perform the 
cutting test. In this case, the center punch test is preferable. The 
center punch apparatus to be used for this test must be a slender tool 
approximately 8'' to 12'' in length having one end tapered to a point. 
The tool must be long enough to allow its insertion into tall-form 
tumblers and other articles of similar shape while permitting the 
nonpointed end to extend above the rim. This is necessary for handling 
and safety purposes when performing the center punch test. The pointed 
end of the center punch should not be so sharp that it chips the 
glassware on contact without applying pressure.
    In order to perform the center punch test under the proposal, a 
sample would initially be set on a solid, level surface. The analyst 
would then place the pointed end of the center punch vertically against 
the inside center bottom or heel. The analyst would strike the dull end 
of the punch with a hammer, using blows of gradually increasing 
severity until breakage occurs. The breakage pattern, approximate 
number, and relative shape and size of the fragments would then be 
noted. Thereafter, the breakage pattern and/or typical fragments would 
be photographed. In order to interpret the results of the proposed 
center punch test, it is only necessary for the broken sample to 
exhibit ``some'' dicing, crazing, or graveling in order to be 
considered tempered for CBP purposes. ``Some'' would be considered to 
be any diced, crazed, or graveled fragments yielded by the broken 
sample that is more than just a fugitive diced, crazed, or graveled 
fragment.

Proposal To Add Option To Use Additional Tests

    In addition, this document proposes to provide for the optional use 
of additional tests. The additional tests would be used by CBP only to 
verify the results obtained from the testing procedures specifically 
identified in this document. The additional tests would facilitate the 
overall testing process by ensuring that the results obtained from the 
testing procedures specifically identified in this document are 
accurate.

Solicitation of Comments

    Accordingly, as set forth above, it is proposed to revise the 
methods employed by CBP to test pressed and toughened (specially 
tempered) glassware by modifying the cutting test for opaque glassware, 
providing a description of the center punch apparatus, and reinstating 
the center punch test. In addition, it is proposed to provide for the 
optional use of additional tests that would be used only to verify the 
results obtained from the testing procedures specifically identified in 
this document. Prior to making any final changes to the current 
procedures for the testing of pressed and toughened (specially 
tempered) glassware, as set forth in T.D. 94-26, consideration will be 
given to written comments timely submitted in accordance with the 
instructions set forth in the ADDRESSES section of this document. This 
consideration may include a rigorous assessment of any suggested 
techniques or methods through an interlaboratory testing program. If 
the changes proposed in this notice are adopted, CBP will publish a 
complete revised standard reflecting the adopted changes.

    Dated: January 3, 2008.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services, U.S. Customs 
and Border Protection.
[FR Doc. E8-241 Filed 1-8-08; 8:45 am]
BILLING CODE 9111-14-P