56124 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning APC 

InfraStruXure® Solutions and of 

Certain Units 

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 InfraStruXure Solutions and of 

certain units. Based upon the facts 

presented, CBP has concluded in the 

final determination that the United 

States is the country of origin of 

InfraStruXure Solutions and of certain 

units for purposes of U.S. Government 

procurement. 

DATES: The final determination was 

issued on September 9, 2010. 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 on or before 

October 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Heather K. Pinnock, Valuation and 

Special Programs Branch: (202) 325– 

0034. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on September 9, 2010, 

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 InfraStruXure Solutions and of 

certain units which may be offered to 

the U.S. Government under an 

undesignated government procurement 

contract. This final determination, in 

HQ H107335, was issued at the request 

of APC by Schneider Electric (‘‘APC’’), 

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 

concluded that, based upon the facts 

presented, InfraStruXure Solutions and 

certain units, assembled to completion 

in the United States from parts made in 

non-TAA countries, TAA countries and 

in the United States, and programmed 

and installed in the United States are 

substantially transformed in the United 

States, such that the United States is the 

country of origin of the finished articles 

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: September 9, 2010. 

Sandra L. Bell, 

Executive Director, Regulations and Rulings, 

Office of International Trade. 

Attachment 

HQ H107335 

September 9, 2010 

OT:RR:CTF:VS H107335 HkP 

CATEGORY: Marking 

Stuart P. Seidel, Esq. 

Baker & McKenzie LLP 

815 Connecticut Avenue, NW. 

Washington, DC 20006–4078. 

RE: Request for Final Determination on the 

Country of Origin of APC InfraStruXure®

Solutions and of certain Units 

Dear Mr. Seidel: This is in response to your 

letter dated May 19, 2010, requesting a final 

determination on behalf of APC by Schneider 

Electric (‘‘APC’’), pursuant to subpart B of 

part 177 of the U.S. Customs and Border 

Protection (‘‘CBP’’) Regulations (19 C.F.R. Part 

177). Under these regulations, which 

implement Title III of the Trade Agreements 

Act of 1979 (‘‘TAA’’), 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. 

This final determination concerns the 

country of origin of APC’s ‘‘InfraStruXure®’’ 

Solutions (‘‘ISX’’) that are assembled at 

customer’s premises to provide 

uninterruptible power supplies (UPS). This 

final determination also concerns certain 

individual units of the ISX: (1) the Symmetra 

PX UPS, and 

(2) the Symmetra MW UPS. At your request, 

the final determination on the Rack 

Enclosures/Assemblies for the ISX, when 

imported separately, will be addressed in 

other correspondence. We note that as a U.S. 

manufacturer, producer and/or importer of 

the named products, APC is a party-atinterest within the meaning of 19 C.F.R. 

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

final determination. Photographs were 

submitted with your request. 

FACTS: 

According to the information submitted, an 

ISX provides a systematic approach to 

building data center infrastructure utilizing 

standardized and reassembled components. 

They can be contained in a wiring closet, 

computer room, or a small, medium or large 

data center. In this case, the ISX incorporates 

UPS units (either Symmetra PX UPS or 

Symmetra MW UPS), power distribution 

units (PDUs), cooling or chilling units such 

as computer room air conditioners and 

InRow Cooling Units, Rack PDUs, Rack 

Assemblies and Enclosures, and a thermal 

containment system. The units will be 

integrated and monitored by the NetBotz and 

InfraStruXure Central Security 

environmental appliances and centralized 

management systems. These items are 

independently shipped and are assembled at 

the end user’s (customer’s) premises in the 

United States. 

Every ISX in the U.S. is designed by 

certified APC sales/systems engineers based 

in the U.S. The design process involves site 

visits, surveys and audits of the customer’s 

facility and can take from several hours to 

several days. Once the customer’s 

requirements are known and the components 

imported, the systems are assembled, 

configured, networked, programmed and 

integrated by APC field service engineers at 

the customer’s facility. This process can take 

from several hours for small systems to 

several weeks for large systems and must be 

performed by trained technicians and 

licensed electricians. 

InfraStruXure Solution (ISX) 

For purposes of this request, ‘‘typical’’ 

small, medium and large ISX have been 

described as having the following units 

(described infra). 

Small system: 

1 40 kW N+1 Symmetra PX UPS 

1 40 kW InfraStruXure PDU with prefabricated circuits 

10 NetShelter SX enclosures 

20 Rack power distribution units 

4 InRow RD air-cooled cooling units and 

condensers 

4 NetBotz security and environmental 

appliances 

1 InfraStruXure central basic monitoring/ 

management system 

Start-up, assembly and configuration services 

Programming, assembly and installation of 

a small system typically take three days to 

complete. 

Medium system: 

1 250 kW Symmetra PX UPS 

1 288 kW InfraStruXure PDU with prefabricated circuits 

50 NetShelter SX enclosures 

50 Rack power distribution units 

16 InRow RC water-cooled cooling units and 

chillers 

17 NetBotz security and environmental 

appliances 

1 InfraStruXure central basic monitoring/ 

management system 

Start-up, assembly and configuration services 

Programming, assembly and installation of 

a medium system typically take five to seven 

days to complete. 

Large system: 

1 1000 kW (1 MW) Symmetra MW UPS 

16 288 kW InfraStruXure PDU with prefabricated circuits 

200 NetShelter SX enclosures 


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1 ‘‘The computer’s master control program * * * 

It sets the standard for all application programs that 

run in the computer. Applications ‘talk to’ the 

operating system for all user interface and file 

management operations.’’ Computer Desktop 

Encyclopedia (2010), available at 

www.answers.com/topic/operating-systemtechnology. 

2This component was not described in the 

submission. 

200 Rack power distribution units 

64 InRow RC chilled water-cooled cooling 

units and chillers 

68 NetBotz security and environmental 

appliances 

1 InfraStruXure central basic monitoring/ 

management system 

Start-up, assembly and configuration services 

Programming, assembly and installation of 

a large system typically take 12–15 days to 

complete. 

Units 

As noted above, the ISX is comprised of 

various units. One unit, a UPS, is described 

as power protection for servers and voice and 

data networks. Specifically, the Symmetra PX 

UPS is a modular system made up of 

dedicated and redundant modules: Power, 

intelligence, battery, and bypass. Its 

architecture can scale power and runtime as 

demand grows or as higher levels of 

availability are required. The Symmetra PX is 

referred to as a ‘‘family’’ as it is available in 

different sizes. It serves as the core 

powertrain that drives the APC InfraStruXure 

systems for small and medium data centers 

but can also power individual zones of larger 

data centers. It has self-diagnostic 

capabilities and standardized modules which 

mitigate the risk of human error. 

The UPS modules for the Symmetra PX are 

assembled in the Philippines. The total 

assembly time depends on the specific 

modules or components to be included. 

Power modules are the main component and 

take approximately one hour to be 

assembled. Subcomponents require under an 

hour to be assembled and the UPS frame 

takes approximately two hours to be 

assembled. The assembly operation involves 

soldering, welding, and the installation of 

firmware (programming instructions stored 

in the read only memory (ROM) rather than 

being implemented through software) at the 

board and module levels. The firmware 

provides the functionality for diagnostic 

testing. Fully functioning firmware is 

installed in the United States after complete 

assembly and integration of the full system 

at the end user’s premises. Also installed in 

the Philippines is a version of the operating 

system (OS) 1 developed in the U.S., 

Denmark and Ireland. However, the OS is 

configured to the customer’s requirements at 

the customer’s premises in the U.S. when the 

system is assembled to completion. This 

configuration is a separate step from the 

system configuration that is required at the 

time of start up. 

The components of the Symmetra PX UPS 

unit are imported from the Philippines in 

basic modules and take about one to three 

days to be assembled. The technicians 

inspect the components, assemble the 

modules, level the UPS enclosure/frame, and 

connect the UPS units to the frame and to 

other components in the system through 

cables and other wiring (ground and control). 

In order to physically attach the UPS 

enclosure to other enclosures, the side panels 

of the UPS enclosure, which has no wiring 

knock-outs, must be swapped with the 

opposite side panels from the PDU and XR 

Battery enclosures. In addition, the battery 

enclosure communication cables must be 

connected and the XR frame addresses 

selected, and the control wiring between the 

PDU and UPS and between various boards 

and enclosures must be installed. 

Symmetra MW UPS—a high-power faulttolerant UPS in the 400–1600 kW range. It is 

designed for large data centers, complete 

buildings, healthcare and other critical 

facility protection requirements. As with the 

Symmetra PX, the MW UPS is available in 

different sizes. It can be scaled for rigorous 

and changing electrical demands and 

provides increased availability through 

internal N+1 configurability, predictive 

failure notification and multi-module 

paralleling features. It features slide-in/out 

power modules, manageable external 

batteries and self-diagnosis, can be combined 

with a wide range of line-up and match 

options, and is a customizable system in a 

standardized design for any large on-demand 

network-critical physical infrastructure. 

The main components of the Symmetra 

MW are assembled in India by soldering, 

welding and screwing. Each module takes 

two to three days to be completed. In the 

U.S., certified technicians assemble the full 

system to completion at the customer’s 

premises from the basic modules assembled 

in India. The installation of the complete 

system takes seven to 10 days for a two-man 

crew. As described above in relation to the 

assembly of the PX UPS, technicians inspect 

the components, assemble the modules, level 

the UPS enclosure/frame, and connect the 

UPS units to the frame and to other 

components in the system through cables and 

other wiring. Firmware, partly developed in 

the United States, is stored and updated on 

an internal memory chip in the UPS unit and 

is custom configured in the U.S. during 

installation based on the options required for 

that particular installation. 

Power Distribution Unit (PDU)—the PDU 

has a logic controller which serves as the 

PDU’s brain. It includes a network 

management card, the input/output contacts 

and the memory chips for the PDU firmware. 

The logic card is located in the Row PDU and 

not in the UPS. 

Row PDU—a modular power distribution 

unit mitigates the need to predict the future 

requirements and configurations of an end 

user’s data center. It enables rapid expansion 

or reconfiguration through expansion 

modules (including circuit breaker, power 

cord, and power connection) which can be 

plugged into a touch-safe backplane in 

minutes, eliminating the need for risky hot 

work and shielding users from dangerous 

amperage. It also features output metering, 

branch current/circuit monitoring and autodetection by the InfraStruXure suite of 

management options. The Modular Remote 

Power Panel 2 and Row PDU are 

manufactured in the Philippines, while the 

distribution modules are manufactured in the 

United States. 

Rack PDU—provides power distribution 

via a single input with multiple output 

receptacles and distributes power from low 

amperage single phase circuits to higher 

power 3-phase solutions. Rack PDUs are 

available in basic, metered and switched 

versions. 

Most component parts are manufactured in 

India and China and a small number in the 

United States and European Union countries. 

Complete testing of each part is performed in 

the country of manufacture. Firmware for 

diagnostic testing is developed in the U.S. 

but used in the country of manufacture. After 

testing, it is removed and replaced with 

firmware for operations, which is developed 

in the U.S. and India. Final configuration for 

the metered and switched versions of the 

Rack PDU is performed at the customer’s 

premises in the U.S. 

NetShelter SX Rack Enclosure—rack 

enclosures/assemblies have a strong focus on 

cooling, power distribution, cable 

management, and environmental monitoring. 

Their main components are: A vertical cable 

organizer, split doors, side panels with locks 

(and keys), frame posts, adjustable leveling 

feet, casters, a reversible curved door, vertical 

mounting flanges, a 1070-mm roof, and a 

1200-mm roof. The hardware necessary to 

assemble the pieces together is: Plastic cup 

washers, M6x16 Phillips slot screws, M5x12 

screws, cage nuts, and 7-mm hole plugs. 

The main components are mostly sourced 

in China and account for 25.3% of the 

enclosures and 90% of their cost. Some of the 

minor components, such as bolts, washers, 

hole plugs and cable ties, come from 

suppliers in the U.S., as do labels, packaging 

sheets, product literature, warranty cards, 

and installation manuals. Shipping and 

packaging materials for the enclosures, such 

as corner posts, a pallet, and fork-lift guards 

are also sourced in the U.S. Together, these 

U.S.-sourced materials account for 68.7% of 

the total material used in the assembly of 

rack enclosures and 8.4% of their cost. The 

remaining components are from Germany 

and Korea. 

The rack assemblies are imported 

unassembled and are assembled in the U.S. 

by teams of six people. Final set-up is at the 

customer’s premises and involves unpacking, 

setting in place and setting-up for the 

mounting of equipment—lowering of leveling 

feet, screwing and otherwise assembling 

together vertical and horizontal pieces, 

resetting the mounting rail depth, attaching 

grounding to the enclosure, securing the 

enclosures to the floor and, when attaching 

two or more enclosures together, baying them 

in a row. Based on the diagrams submitted, 

a fully assembled enclosure resembles a large 

rectangular three-dimensional frame, with 

panels on two opposing sides and on the top 

but not on any of the remaining three sides 

(including the side secured to the floor). Setup takes between 15 minutes and two hours 

per enclosure, depending on customer 

requirements. 

InRow Cooling Units—prevent hot air 

recirculation from IT loads while improving 

cooling predictability and allowing for a ‘‘pay 


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as you grow’’ environment. The units are 

available with and without humidity control 

and are designed to meet the diverse 

requirements for medium to large data 

centers. They are assembled in China and 

firmware, designed in the U.S. but installed 

in China, is used in the units. The firmware 

is upgraded when the unit is installed in a 

completed system at the customer’s premises 

in the U.S. Installation of the unit requires 

on-site piping and connection to building 

systems. 

InRoom Cooling Units—offer cooling 

solutions for lower density racked and nonracked IT loads as well as a flexible, 

assemble-to-order solution that provides 

variable fan technology and intelligent 

control for greater efficiency. They are 

manufactured in the United States using 

processes involving sheet metal work, 

soldering, brazing, and welding. The units 

use firmware developed and installed in the 

United States. 

Chillers—air-cooled chillers are used for 

large data center environments. They are 

manufactured in the U.S. in a process that 

involves brazing and/or welding. The chillers 

use firmware that completely controls the 

chiller and that interfaces with building 

management and other systems. 

Thermal Containment System—available 

in rack or aisle level configurations and is 

designed to completely separate the supply 

and return air paths of IT equipment. 

Thermal containment is available for 300 

mm, 600 mm and 750 mm wide NetShelter 

Racks, UPS and PDU units, and InRow 

Cooling products. The units are 

manufactured in Canada and require 

additional assembly at the customer’s 

premises. 

NetBotz and InfraStruXure Central—a 

management system that provides a 

centralized dashboard to the client’s 

InfraStruXure system and offers features such 

as a centralized repository, trending, alerting, 

alarming and escalation. The units are 

manufactured in the Philippines and India 

and have printed circuit board (PCB) and 

sheet metal components. Firmware, which is 

installed in India or in the Philippines, is 

designed in the U.S. and can be further 

tailored to meet customer requirements on 

installation by APC trained engineers. 

Additional assembly is required at the 

customer’s premises. 

Assembly and Installation 

The assembly and installation process for 

an ISX in the U.S. is as follows: 

1. Position the ISX power system, UPS and 

external battery cabinets in accordance with 

the site plan; 

2. Assemble racks and enclosures; 

3. Install all applicable system modules 

and rack mounted devices; 

4. Ensure that the enclosures are aligned, 

leveled, and the brackets tightened; verify 

rack mounted ISX distribution systems are 

installed to manufacturer specifications; 

5. Install NetShelter accessories (cabling, 

troughs, ladders, baying units); 

6. Route all power cabling through the 

troughs; 

7. Install data distribution system 

including cable heads and data distribution 

panel; 

8. Move cooling system into place and 

assemble ductwork; 

9. Install PEX flexible fluid piping, 

terminate connections, check for leaks; 

10. Mount any remote sensors; 

11. Install cooling system modules and 

rack mounted devices; and 

12. Unpack management components and 

mount devices in the rack, install data 

cabling to all devices to be managed. 

All firmware is proprietary to APC and is 

developed by APC in the United States, 

Denmark, and Ireland. Each release costs 

significant amounts of money and requires 

several thousand man-hours to develop. It 

takes trained and certified technicians 

several hours to install and configure the 

firmware at customers’ premises. 

LAW AND ANALYSIS: 

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 C.F.R. § 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 Procurement Regulations. 

See 19 C.F.R. § 177.21. In this regard, CBP 

recognizes that the Federal Procurement 

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 C.F.R. § 25.403(c)(1). 

You contend that the final assembly, 

integration, configuration or programming 

results in a substantial transformation in the 

U.S., in which the individual modules, 

components, parts and accessories are 

substantially transformed into a new end 

product (‘‘ISX’’). 

In Data General v. United States, 4 Ct. Int’l 

Trade 182 (1982), the court determined that 

for purposes of determining eligibility under 

item 807.00, Tariff Schedules of the United 

States (predecessor to subheading 

9802.00.80, Harmonized Tariff Schedule of 

the United States), the programming of a 

foreign PROM (Programmable Read-Only 

Memory chip) in the United States 

substantially transformed the PROM into a 

U.S. article. In programming the imported 

PROMs, the U.S. engineers systematically 

caused various distinct electronic 

interconnections to be formed within each 

integrated circuit. The programming 

bestowed upon each circuit its electronic 

function. That is, its ‘‘memory’’ which could 

be retrieved. A distinct physical change was 

effected in the PROM by the opening or 

closing of the fuses, depending on the 

method of programming. This physical 

alteration, not visible to the naked eye, could 

be discerned by electronic testing of the 

PROM. The court noted that the programs 

were designed by a project engineer with 

many years of experience in ‘‘designing and 

building hardware.’’ While replicating the 

program pattern from a ‘‘master’’ PROM may 

be a quick one-step process, the development 

of the pattern and the production of the 

‘‘master’’ PROM required much time and 

expertise. The court noted that it was 

undisputed that programming alters the 

character of a PROM. The essence of the 

article, its interconnections or stored 

memory, was established by programming. 

The court concluded that altering the nonfunctioning circuitry comprising a PROM 

through technological expertise in order to 

produce a functioning read only memory 

device possessing a desired distinctive 

circuit pattern was no less a ‘‘substantial 

transformation’’ than the manual 

interconnection of transistors, resistors and 

diodes upon a circuit board creating a similar 

pattern. 

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). See also Carlson Furniture 

Industries v. United States, 65 Cust. Ct. 474, 

482 (1970) (‘‘And the end result of the 

activities performed on the imported articles 

... is the transformation of parts into a 

functional whole—giving rise to a new and 

different article within the principle of the 

Gibson-Thomsen case.’’) Assembly operations 

that are minimal or simple, as opposed to 

complex or meaningful, will generally not 

result in a substantial transformation. 

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, the extent and nature of 

post-assembly inspection and testing 

procedures, and worker skill required during 

the actual manufacturing process will be 

considered when determining whether a 

substantial transformation has occurred. No 

one factor is determinative. 

In HQ 559255, dated August 21, 1995, a 

device referred to as a ‘‘CardDock’’ was under 


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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