Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 56127 

consideration for country of origin marking 

purposes. The CardDock was a device which 

was installed in IBM PC compatible 

computers. After installation, the units were 

able to accept PCMCIA cards for the purpose 

of interfacing such PCMCIA cards with the 

computer in which the CardDock unit was 

installed. The CardDock units were partially 

assembled abroad but completed in the 

United States. The overseas processing 

included manufacturing the product’s 

injection molded plastic frame and installing 

integrated circuits onto a circuit board along 

with various diodes, resistors and capacitors. 

After such operations, these items were 

shipped to the United States for further 

processing that included mating a U.S.-origin 

circuit board to the foreign-origin frame and 

board. The assembled units were thereafter 

subjected to various testing procedures. In 

consideration of the foregoing, CBP held that 

the foreign-origin components, i.e., the ISA 

boards, frame assemblies and connector 

cables, were substantially transformed when 

assembled to completion in the United 

States. In finding that the name, character, 

and use of the foreign-origin components had 

changed during processing in the United 

States, CBP noted that the components had 

lost their separate identity during assembly 

and had become an integral part of a new and 

distinct item which was visibly different 

from any of the individual foreign-origin 

components. 

In HQ 735027, dated September 7, 1993, a 

device that software companies used to 

protect their software from piracy was under 

consideration for country of origin marking 

purposes. The device, referred to as the 

‘‘MemoPlug’’, was assembled in Israel from 

parts that were obtained from Taiwan (such 

as various connectors and an Electronically 

Erasable Programmable Read Only Memory, 

or ‘‘EEPROM’’) and Israel (such as an internal 

circuit board). After assembly, these 

components were shipped to a processing 

facility in the United States where the 

EEPROM was programmed with special 

software. Such processing in the United 

States accounted for approximately 50 

percent of the final selling price of the 

MemoPlugs. In finding that the foreign-origin 

components were substantially transformed 

in the United States, CBP noted that the U.S. 

processing transformed a blank media, the 

EEPROM, into a device that performed 

functions necessary to the prevention of 

software piracy. 

In Headquarters Ruling Letter (HQ) 563012, 

dated May 4, 2004, CBP considered whether 

components of various origins would be 

substantially transformed when assembled to 

form a fabric switch. Most of the assembly of 

computer hardware was to be performed in 

China. Then, in either Hong Kong or the U.S., 

the hardware would be completed and the 

U.S.-origin software, which would provide 

the finished product with its ‘‘distinctive 

functional characteristics,’’ would be 

downloaded onto the hardware. In the 

scenario where the fabric switch would be 

assembled to completion in Hong Kong and 

the software downloaded to the switch in 

that country, CBP determined that the 

country of origin for marking purposes would 

be Hong Kong. Likewise, were assembly and 

configuration to take place in the United 

States, CBP concluded that the country of 

origin would be the U.S. 

InfraStruXure Solutions 

We note that while several subassemblies 

and components are manufactured in other 

countries, after importation these individual 

units are assembled into systems at the 

customer’s premises in the United States by 

trained technicians. As discussed below, 

several of the units comprising the ISX 

undergo assembly and programming in the 

U.S. Further, some of the units, the InRoom 

Cooling Units and Chillers, are entirely 

manufactured in the U.S. As a part of the 

assembly and installation process, the 

diagnostic firmware present in many of the 

units (UPS, Rack PDU, InRow Cooling units, 

NetBotz and InfraStruXure Central) is either 

replaced or upgraded, that is, the systems are 

programmed to perform their operational 

function by trained technicians. Most of the 

design and a high percentage of the original 

firmware and OS programming are developed 

in the U.S. See FACTS supra. Depending on 

the size of the system, programming, 

assembly and installation generally take from 

three to 15 days to complete. 

As a result of the assembling, programming 

and installation of the units by highly trained 

APC technicians that takes place after 

importation, we agree with your contention 

that the units are substantially transformed in 

the U.S. from non-functional or partly 

functional devices into an intelligent and 

fully functional network or data center UPS 

system. Consequently, the country of origin 

of the typical small, medium and large 

InfraStruXure Solutions will be the United 

States. 

In addition, you seek a final determination 

on certain units that may be sold separately 

(most likely as add-ons after the ISX has been 

in use for a while, but sometimes as 

replacement units). 

Symmetra PX UPS and Symmetra MW UPS 

After importation, the components of the 

UPS units (power, intelligence, battery, and 

bypass/static switch modules) must be 

assembled together in the UPS frame by 

trained technicians. Both models of UPS 

units are imported with firmware installed 

for diagnostic testing. In addition the 

Symmetra PX UPS is imported with a version 

of the operating system which APC 

technicians configure to the customer’s 

requirements. APC technicians also install 

fully functional firmware onto both models 

of UPS units after complete assembly and 

integration into the full ISX system at the 

customer’s premises. Assembly, installation 

and programming take between one and 10 

days depending on the model of UPS unit. 

Given the complexity of the devices and of 

the mechanical and electrical connections 

which must be made in the U.S. by highly 

trained technicians, and the fact that the 

units will be programmed in the United 

States using firmware developed in part in 

the U.S., we find that both models of UPS 

units would be substantially transformed in 

the United States and that the U.S. would be 

their country of origin. See Data General and 

Belcrest Linens, supra. 

HOLDING: 

Based on the facts provided, the assembly 

and programming operations performed in 

the United States on the units of the ISX give 

rise to a new and different article (an ISX) 

and impart the essential character of the ISX. 

Likewise, the assembly and programming 

operations performed in the United States on 

the components of the UPS units of the ISX 

give rise to a new and different article (a UPS 

unit). As such, the ISX and the UPS units 

described in this ruling are to be considered 

products of the United States for purposes of 

government procurement. 

Notice of this final determination will be 

given in the Federal Register, as required by 

19 C.F.R. § 177.29. Any party-at-interest other 

than the party which requested this final 

determination may request, pursuant to 

19 C.F.R. § 177.31, that CBP reexamine the 

matter anew and issue a new final 

determination. Pursuant to 19 C.F.R. 

§ 177.30, any party-at-interest 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, 

Sandra L. Bell, 

Executive Director, Regulations and Rulings, 

Office of International Trade. 

[FR Doc. 2010–22928 Filed 9–14–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2010–0032] 

Federal Radiological Preparedness 

Coordinating Committee 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of public meeting. 

SUMMARY: The Federal Radiological 

Preparedness Coordinating Committee 

is holding a public meeting on 

September 28, 2010 in Arlington, VA. 

DATES: The meeting will take place on 

September 28, 2010. The session is open 

to the public and will take place from 

9 a.m. to 11 a.m. Send written 

statements and requests to make oral 

statements to the person listed in the 

FOR FURTHER INFORMATION CONTACT

section by close of business September 

25, 2010. 

ADDRESSES: The meeting will be held at 

the Marriott Crystal Gateway located at 

1700 Jefferson Davis Highway, 

Arlington, VA 22202, in the Alexandria 

Room. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Greten, FRPCC Executive 

Secretary, DHS/FEMA, 1800 South Bell 

Street—CC847, Mail Stop 3025, 


srobinson on DSKHWCL6B1PROD with NOTICES
56128 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 

Arlington, VA 20598–3025; telephone 

(202) 646–3907; fax (703) 305–0837; or 

e-mail timothy.greten@dhs.gov. 

SUPPLEMENTARY INFORMATION: The role 

and functions of the Federal 

Radiological Preparedness Coordinating 

Committee (FRPCC) are described in 44 

CFR 351.10(a) and 351.11(a). The 

FRPCC is holding a public meeting on 

September 28, 2010, from 9 a.m. to 11 

a.m., at the Marriott Crystal Gateway 

located at 1700 Jefferson Davis 

Highway, Arlington, VA 22202, in the 

Alexandria Room. Please note that the 

meeting may close early. This meeting 

is open to the public. Public meeting 

participants must pre-register to be 

admitted to the meeting. To pre-register, 

please provide your name and 

telephone number by close of business 

on September 25, 2010, to the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section. 

The tentative agenda for the FRPCC 

meeting includes: (1) Introductions, (2) 

reports from FRPCC Subcommittees, (3) 

status of finalization of Radiological 

Emergency Preparedness (REP) Program 

Manual and NUREG–0654 Supplement 

4, and (4) REP Program Manual and 

Supplement 4 Implementation ‘‘Impact 

Papers.’’ The FRPCC Chair shall conduct 

the meeting in a way that will facilitate 

the orderly conduct of business. 

Reasonable provisions will be made, if 

time permits, for oral statements from 

the public of not more than five minutes 

in length. Any member of the public 

who wishes to make an oral statement 

at the meeting should send a written 

request for time by close of business on 

September 25, 2010, to the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section. Any member of the 

public who wishes to file a written 

statement with the FRPCC should 

provide the statement by close of 

business on September 25, 2010, to the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section. For 

further information and to review any 

supporting documents please go to 

http://www.regulations.gov, Docket ID 

FEMA–2010–0032. 

Information on Services for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, please write or call the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section as soon as 

possible. 

Authority: 44 CFR 351.10(a) and 351.11(a). 

Timothy W. Manning, 

Deputy Administrator, Protection and 

National Preparedness, Federal Emergency 

Management Agency. 

[FR Doc. 2010–22984 Filed 9–14–10; 8:45 am] 

BILLING CODE 9110–21–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR 5378–N–04] 

Notice of Proposed Extension of a 

Currently Approved Information 

Collection: Comment Request; 

Housing Discrimination Information 

Form HUD–903.1, HUD 903.1A, HUD– 

903–1B, HUD–903.1F, HUD–903.1KOR, 

HUD–903.1C, HUD–903.1CAM, HUD– 

903.1RUS, 903–1_Somali 

AGENCY: Office of the Assistant 

Secretary for Fair Housing and Equal 

Opportunity, HUD. 

ACTION: Notice. 

SUMMARY: The proposed extension of the 

currently approved information 

collection requirement concerning 

Housing Discrimination Information 

Forms HUD 903.1, HUD 903.1A, HUD– 

903–1B, HUD–903.1F, HUD–903.1KOR, 

HUD–903.1C, HUD–903.1CAM, HUD– 

903.1RUS, and HUD–903–1_Somali will 

be submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. HUD will also solicit 

public comments on the subject 

proposal. 

DATES: Comments Due Date: November 

15, 2010. 

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 

Leroy McKinney, Jr., Paperwork 

Reduction Act Manager, Office of Chief 

Information Officer, U.S. Department of 

Housing and Urban Development, 451 

7th Street, SW., Room 4178, 

Washington, DC 20410–2000; telephone: 

(202) 402–5564. 

FOR FURTHER INFORMATION CONTACT: 

Turner Russell, U.S. Department of 

Housing and Urban Development, 451 

7th Street, SW., Room 5226, 

Washington, DC, 20410–2000; 

telephone: (202) 402–6995 (this is not a 

toll-free number). Hearing or speechimpaired individuals may access this 

number via TTY/ASCII by calling the 

toll-free Federal Information Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: HUD is 

proposing this extension of a currently 

approved information collection to the 

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 

extension of the collection of 

information regarding alleged 

discriminatory housing practices under 

the Fair Housing Act (Act) [42 U.S.C. 

3601 et seq.]. The Act prohibits 

discrimination in the sale, rental, 

occupancy, advertising, and insuring of 

residential dwellings; and in residential 

real estate-related transactions; and in 

the provision of brokerage services, 

based on race, color, religion, sex, 

handicap [disability], familial status, or 

national origin. 

Any person who claims to have been 

injured by a discriminatory housing 

practice, or who believes that he or she 

will be injured by a discriminatory 

housing practice that is about to occur, 

may file a complaint with HUD not later 

than one year after the alleged 

discriminatory housing practice 

occurred or terminated. Form HUD– 

903.1 was developed in order to 

promote consistency in the documents 

that, by statute, must be provided to 

persons against whom complaints are 

filed, and for the convenience of the 

general public. Section 103.25 of HUD’s 

Fair Housing Act regulation describes 

the information that must be included 

in each complaint filed with HUD. For 

purposes of meeting the Act’s one-year 

time limitation for filing complaints 

with HUD, complaints need not be 

initially submitted on the Form that 

HUD provides. Housing Discrimination 

Information Form HUD–903.1 (English 

language), HUD–903.1A (Spanish 

language), HUD–903–1B (Chinese 

language), HUD–903.1F (Vietnamese 

language), HUD–903.1KOR (Korean 

language), HUD–903.1C (Arabic 

language), HUD–903.1CAM (Cambodian 

language), HUD–903.1RUS (Russian 

language), and HUD–903–1 (Somali 

language) may be submitted to HUD by 

mail, in person, by facsimile, or via the 

Internet to HUD’s Office of Fair Housing 

and Equal Opportunity (FHEO). FHEO 

staff uses the information provided on 

the Form to verify HUD’s authority to 

investigate the aggrieved person’s 

allegations under the Act. 

Notice of Submission of Proposed 

Extension of Information Collection to 

OMB 

Title of Proposal: Housing 

Discrimination Information Form. 

Office: Fair Housing and Equal 

Opportunity, HUD. 

OMB Control Number: 2529–0011. 


srobinson on DSKHWCL6B1PROD with NOTICES