[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10818-10820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4969]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 1205-7]


Proposed Modifications to the Harmonized Tariff Schedule of the 
United States

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and request for public 
comment.

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SUMMARY: On February 26, 2010, the Commission instituted Investigation 
No. 1205-7, Proposed Modifications to the Harmonized Tariff Schedule of 
the United States, pursuant to section 1205 of the Omnibus Trade and 
Competitiveness Act of 1988 (the 1988 Act). Section 1205 directs the 
Commission to keep the Harmonized Tariff Schedule of the United States 
(HTS) under continuous review and to recommend to the President 
modifications thereto, (1) when amendments to the international 
Convention on the Harmonized Commodity Description and Coding System 
(Harmonized System), and the Protocol thereto, are recommended by

[[Page 10819]]

the World Customs Organization (WCO) (formerly known as the Customs 
Cooperation Council) for adoption; and/or (2) as other circumstances 
warrant. The Commission's report will set forth the proposed changes to 
the HTS that would be needed to maintain conformity between the HTS and 
the international Harmonized System. The report will also include 
appropriate explanatory information on the proposed changes. In 
accordance with section 1206 of the 1988 Act, the President may 
proclaim the tariff modifications recommended by the Commission, 
following Congressional layover and consultation.

DATES: April 9, 2010: Publication of preliminary report on the USITC 
Web site.
    May 21, 2010: Deadline for public comments on preliminary report.
    June 25, 2010: Submission of final report to the President.

ADDRESSES: All Commission offices are located in the United States 
International Trade Commission Building, 500 E Street, SW., Washington, 
DC. All written submissions should be addressed to the Secretary, 
United States International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. The public record for this collection of 
proposals may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David Beck, Director, Office of Tariff 
Affairs and Trade Agreements (202-205-2603, fax 202-205-2616, 
<a href="/cdn-cgi/l/email-protection#2145405748450f4344424a6154524855420f464e57"><span class="__cf_email__" data-cfemail="ff9b9e89969bd19d9a9c94bf8a8c968b9cd1989089">[email protected]</span></a>). The media should contact Margaret O'Laughlin, 
Office of External Affairs (202-205-1819, 
<a href="/cdn-cgi/l/email-protection#711c100316100314055f1e1d100416191d181f3104021805125f161e07"><span class="__cf_email__" data-cfemail="2a474b584d4b584f5e0445464b5f4d424643446a5f59435e49044d455c">[email protected]</span></a>). Hearing impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet Web site at http://www.usitc.gov. 
Persons with mobility impairments who will need special assistance in 
gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000.
    Background: Section 1205(a) of the Omnibus Trade and 
Competitiveness Act of 1988 (the 1988 Act) (19 U.S.C. 3005(a)) provides 
that the Commission shall keep the HTS under continuous review and 
periodically recommend to the President such modifications in the HTS 
as the Commission considers necessary or appropriate to accomplish five 
general objectives. Among these stated objectives, section 1205(a)(1) 
of the 1988 Act directs the Commission to conform the Harmonized Tariff 
Schedule with amendments made to the Harmonized System Convention, of 
which the United States is a signatory. Section 1205(a)(2) directs the 
Commission to promote the uniform application of the Harmonized System 
Convention and particularly the Protocol thereto, which contains the 
Harmonized System nomenclature structure and accompanying legal notes. 
Subsections (b)-(d) of section 1205 set out procedures to be utilized 
in formulating recommendations and the requirements that the Commission 
must observe with respect to the HTS modifications it may recommend.
    The proposed changes included in this investigation are set out in 
a Recommendation promulgated by the World Customs Organization (WCO) on 
June 26, 2009, in order to update and clarify the international 
Harmonized System nomenclature. The Recommendation--the fourth in a 
series--is part of the WCO's long-term program to review periodically 
the HS nomenclature structure. In accordance with Article 16 of the 
Harmonized System Convention, the WCO has recommended the adoption of 
certain modifications to the Harmonized System nomenclature, which are 
scheduled to become effective on January 1, 2012. The WCO 
Recommendation of 26 June 2009 can be viewed on the Commission's Web 
site: http://www.usitc.gov/tariff_affairs/modifications_hts.htm.
    The Harmonized System nomenclature provides a uniform structural 
basis for the customs tariffs and statistical nomenclatures of all 
major trading countries of the world, including the United States. The 
Harmonized System comprises the broadest principles of classification 
and levels of categories in the HTS, that is, the General Rules of 
Interpretation, Section and Chapter titles, Section and Chapter legal 
notes, and heading and subheading texts to the 6-digit level of detail. 
Additional U.S. notes, further subdivisions (8-digit subheadings and 
10-digit statistical annotations) and statistical notes, as well as the 
entirety of chapters 98 and 99 and several appendixes, are national 
legal and statistical detail added for the administration of the U.S. 
tariff and statistical programs, and are not part of the international 
Harmonized System.
    An up-to-date copy of the HTS, which incorporates the international 
Harmonized System in its overall structure, can be found on the 
Commission's Web site (http://www.usitc.gov/tata/hts/bychapter/index.htm). Hard copies and electronic copies of CD can be found at 
many of the 1,400 Federal Depository Libraries located throughout the 
United States and its territories; further information about these 
locations can be found at http://www.gpoaccess.gov/fdlp.html or by 
contacting GPO Access at the Government Printing Office, telephone 866-
512-1800.
    The Commission will prepare and make available a preliminary report 
and a final report. The preliminary report will be forwarded to the 
President via the United States Trade Representative on or about April 
9, 2010. It will also be made available for public inspection (with the 
exception of any confidential business information) through the 
Commission's electronic docket (EDIS) and posted on the USITC Web site 
(http://www.usitc.gov).
    The preliminary report will include proposed HTS modifications to 
conform the HTS to the WCO Recommendation of 26 June 2009. The public 
is invited to submit any comments until May 21, 2010. To assist the 
public in understanding the proposed changes and in developing 
comments, the Commission will include, in the preliminary and the final 
reports, a non-authoritative cross-reference table linking the proposed 
tariff codes to corresponding current tariff codes. Persons using the 
successive versions of this table should be aware that the cross-
references shown are subject to change during the course of preparing 
for implementation of the January 2102 amendments to the HTS. U.S. 
Customs and Border Protection has domestic legal authority for tariff 
classification and may provide information, both during the course of 
the investigation and after the Commission's final report is submitted, 
that indicates different or additional tariff classifications of some 
goods. Moreover, the WCO Secretariat will eventually issue its own 
advisory cross-reference table between the 2007 HS and the 2012 HS. If 
necessary, the Commission's report will provide an explanation for any 
differences between the WCO's and the Commission's cross-reference 
tables; such differences would typically result from differences 
between WCO decisions and established U.S. customs classification of 
goods.
    The Commission's final report, incorporating any public comments 
received, will be sent to the President (through USTR) on or about June 
25, 2010. It will also be made available for public inspection (with 
the exception of any confidential business information) through the 
Commission's electronic docket (EDIS) and posted on the USITC Web site 
(http://www.usitc.gov).

[[Page 10820]]

Following Congressional layover and consultation, the President may 
proclaim the tariff modifications recommended, effective not before the 
30th day after the date on which the text of the proclamation is 
published in the Federal Register.
    Written Submissions: No public hearing is planned, but interested 
parties are invited to submit written comments, which should be 
addressed to the Secretary and received no later than May 21, 2010. 
Submissions should be marked to refer to ``Investigation No. 1205-7''. 
All written submissions must conform with the provisions of section 
201.8 of the Commission's Rules of Practice and Procedure (19 CFR 
201.8). Section 201.8 requires that a signed original (or a copy so 
designated) and fourteen (14) copies of each document be filed. In the 
event that confidential treatment of a document is requested, at least 
four (4) additional copies must be filed, in which the confidential 
information must be deleted (see the following paragraph for further 
information regarding confidential business information). The 
Commission's rules authorize filing submissions with the Secretary by 
facsimile or electronic means only to the extent permitted by section 
201.8 of the rules (see Handbook for Electronic Filing Procedures, 
http://www.usitc.gov/docket_services/documents/handbook_on_electronic_filing.pdf. Persons with questions regarding electronic 
filing should contact the Secretary (202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by the public. Any confidential business information 
that might be received in the comments may be made available to 
Customs, Census, or the President during the examination of these 
proposals. The Commission will not otherwise publish or release any 
confidential business information received, nor release it to other 
government agencies or other persons.

    Issued: March 4, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4969 Filed 3-8-10; 8:45 am]
BILLING CODE 7020-02-P


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