[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]
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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.
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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.
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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:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number USCBP
2007-0099.
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
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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]
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