Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Notices 67681

II. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

In its filing with the Commission, the

SRO included statements concerning

the purpose of and basis for the

proposed rule change and discussed any

comments it received on the proposed

rule change. The text of these statements

may be examined at the places specified

in Item IV below. The SRO has prepared

summaries, set forth in sections A, B,

and C below, of the most significant

aspects of such statements.

A. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

1. Purpose

The Exchange proposes to amend

PHLX Rule 605, Advertisements, Market

Letters, Research Reports and Sales

Literature, in order to assure that the

Exchange has the opportunity to review

and approve advertisements, including

market quotation reports, which are

disseminated over the Internet, radio,

television and via public telephone

prior to their dissemination. Exchange

Rule 605 currently requires prior

approval only by the member/

participant or its general partner or

voting stock holder. The Exchange has

recently become aware of certain

Internet advertisements by at least one

of its members which it believes may

not comply with the communication

guidelines contained in the

Supplementary Material to PHLX Rule

605. The Exchange therefore, believes

that prior Exchange approval is

warranted. The rule will be amended to

apply to members and foreign currency

options participants for which the

Exchange is the DEA so that firms for

which another SRO is the DEA will not

have to be burdened by duplication of

approvals.

The revised language will apply to

advertisements, broadcasts of Exchange

market quotations or broadcasts for any

other business purpose, which could

even include advertisements for brokers

or traders. It will also specify that it

applies to advertisements and

broadcasts that are disseminated over

radio, television, public telephone and

the Internet.

Another new requirement under the

proposed rule will be that these firms

must also supply to the Exchange the

text of all commercials and program

material (except lists of market

quotations) about securities or investing

promptly following the program in

which it is used. This will assure that

the approved text is actually the one

that was publicly disseminated. Finally,

the Commentary to Rule 605 which

made the rule specifically not

applicable to options will be deleted.

The Exchange believes that the

requirements imposed under this rule

are equally important for option

advertising as for advertising of any

other type of securities.

2. Basis

The proposed rule change is

consistent with Section 6 of the Act in

general, and in particular, with Section

6(b)(5), in that it is designed to promote

just and equitable principles of trade,

prevent fraudulent and manipulative

acts and practices and to protect

investors and the public interest by

assuring that the Exchange reviews its

designated firms’ advertisements

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The PHLX does not believe that the

proposed rule change will impose any

inappropriate burden on competition.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received from

Members, Participants or Others

No written comments were either

solicited or received.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Within 35 days of the date of

publication of this notice in the Federal

Register or within such longer period (i)

as the Commission may designate up to

90 days of such date if it finds such

longer period to be appropriate and

publishes its reasons for so finding or

(ii) as to which the PHLX consents, the

Commission will:

(A) By order approve such proposed

rule change, or,

(B) Institute proceedings to determine

whether the proposed rule change

should be disapproved.

IV. Solicitation of Comments

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing.

Persons making written submission

should file six copies thereof with the

Secretary, Securities and Exchange

Commissions, 450 Fifth Street, NW,

Washington, DC 20549. Copies of the

submission, all subsequent

amendments, all written statements

with respect to the proposed rule

change that are filed with the

Commission, and all written

communications relating to the

proposed rule change between the

Commission and any person, other than

those that may be withheld from the

public in accordance with the

provisions of 5 U.S.C. 552, will be

available for inspection and copying in

the Commission’s Public Reference

Room. Copies of the filing will also be

available for inspection and copying at

the principal office of the PHLX. All

submissions should refer to File No.

SR–PHLX–97–49 and should be

submitted by January 20, 1998.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority, 17 CFR 200.30–3(a)(12).

Margaret H.McFarland,

Deputy Secretary.

[FR Doc. 97–33715 Filed 12–24–97; 8:45 am]

BILLING CODE 8010–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Technical Corrections to the

Harmonized Tariff Schedule of the

United States

AGENCY: Office of the United States

Trade Representative.

ACTION: Technical corrections to the

Harmonized Tariff Schedule of the

United States.

SUMMARY: The United States Trade

Representative (USTR) is making

technical corrections to the Harmonized

Tariff Schedule of the United States

(HTS) as set forth in the annex to this

notice, pursuant to authority granted by

Congress to the President in section 604

of the Trade Act of 1974 and delegated

by the President to the USTR in

Presidential Proclamation No. 6969 of

January 27, 1997 (62 FR 4415). These

modifications will correct errors in prior

proclamations, so that the intended

tariff treatment is accorded.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street,

NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Barbara Chattin, Director for Tariff

Affairs (202) 395–5097, or Catherine

Field, Senior Counsel for Multilateral

Affairs, (202) 395–3432.

Explanation of Proposed Changes

This notice makes several technical

corrections to the Harmonized Tariff

Schedule of the United States (HTS) to

remedy omissions, misspellings, or

other problems included in previously

issued proclamations, or to make

conforming changes in HTS provisions

previously proclaimed to reflect

previous modifications to the HTS. The
67682 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Notices

modification made in each paragraph is

explained in turn.

The action designated as 1. conforms

certain provisions for goods returned

from Canada or Mexico after alterations

or repairs with U.S. obligations under

the NAFTA. This modification is

effective as of the date of entry into

force of the NAFTA, i.e., January 1,

1994.

The action designated as 2.(a)

modifies an HTS category to allow dutyfree entry of a product enumerated in

the Intermediate Chemicals for Dyes

appendix to the HTS, as provided for in

Schedule XX as annexed to the

Marrakesh Protocol to the Agreement

Establishing the World Trade

Organization (WTO Agreement). The

special duty rate symbol ‘‘L’’ must

appear in the HTS tariff category

containing an intermediate chemical

enumerated in this HTS appendix for

Customs to allow duty-free entry upon

claims therefor by importers. This

action is effective as of the date of entry

into force of the WTO Agreement, i.e.,

January 1, 1995.

Actions 2. (b) and (c) realign language

in particular HTS legal notes to ensure

that the tariff treatment intended under

the NAFTA is achieved. The

modification corrects an error

incorporated in a previous proclamation

and is effective as of the date of that

erroneous modification. The correction

ensures that particular provisions

dealing with textile and apparel

differentiate between originating goods

(including ‘‘products of’’ Canada or

Mexico) and non-originating goods

(including ‘‘imports from’’ these

countries—potentially applicable to

transshipped third-country goods as

well as other goods not substantially

transformed into NAFTA originating

goods) under the terms of HTS general

note 12.

The actions designated as 2.(d) and

2.(e) correct typographical or spelling

errors and are effective as of the date the

particular HTS categories were

established or modified.

The action is section 3.(a) make a

conforming change (reflecting a

renumbering of an HTS category) in one

NAFTA tariff shift rule in general note

12(t), and reinsert another tariff shift

rule that previously was erroneously

deleted, effective as of the date of the

prior action or deletion, respectively.

Actions designated as 3.(b) and 3.(c)

make conforming changes that reflect in

one set of HTS provisions the previous,

but unrecognized, modifications to

other provisions. The changes are

effective as of the date of the previous

modifications to these corresponding

HTS provisions.

The action designated as 3.(d) corrects

the omission of a conforming change

from Proclamation 6857 of December

11, 1995. The cited note to subchapter

II of chapter 98 should have been

modified to reflect a World Customs

Organization (WCO) change in the

status of the note. The WCO elevated

additional U.S. note 1 to section XV

from its prior status as a U.S. note to the

status of international-level note 3 to

section XV. As a result of this WCO

action the note is now included in the

annex to the Harmonized System

Convention.

The action designated as 4. corrects

an omission from Proclamation 6982 of

April 1, 1997, which modified the scope

of duty-free treatment accorded under

the pharmaceuticals appendix to the

HTS.

Section 5. corrects 3 typographical

errors in the Federal Register notice that

was published and was effective on

April 28, 1997, which made certain

changes in NAFTA rules of origin set

forth in general note 12 to the HTS.

The actions in section 6. correct an

omission and errors in Proclamation

7007 of May 30, 1997, which modified

duty-free treatment under the GSP for

least-developed beneficiary developing

countries. The first action provides such

treatment to a subheading created in the

proclamation, and the second action

deletes from the list of HTS subheadings

that were designated for the new GSP

treatment certain tariff categories that

were already eligible for GSP benefits.

The action designated as 7. corrects

the advertent deletion of a preexisting

duty suspension provision from the

HTS and recognize the goods covered

under the former duty suspension now

fall in another provision of chapter 84.

As a result of this prior change in

classification, the duty suspension

provision of chapter 99 must be

amended to reflect the permanent tariff

subheading now applicable to these

goods. The continuation of the duty

suspension (which had been scheduled

to continue through the close of 2000)

allows the subject products to continue

to enter the customs territory free of

duty.

The actions designated as 8. correct

errors in dates in provisions of the cited

proclamation so that future proclaimed

actions could be administered as

intended.

Actions designated as 9. (a) and (b)

correct two errors in staging tables in

the HTS. The staging table for general

rates of duty contained erroneous 1997

and 1998 duty rates for subheading

2620.90.20, in that the two rates shown

in the staging table should have been

reversed. Thus, as presently proclaimed,

the 1997 duty rate is too low and the

1998 duty rate would increase before

returning to the scheduled 1999 stage; it

was intended that the 1998 and 1999

rates be the same. This notice also

corrects the inadvertent omission of the

final staged Canada rate under the

NAFTA for subheading 8529.90.88. As

presently proclaimed, the 1997 duty rate

of ‘‘0.5% (CA)’’ would not be eliminated

as scheduled on January 1, 1998.

Actions designated as 9. (c) through

(h) correct previously proclaimed

provisions of the general notes to the

HTS to update statutory references and

thereby reflect the amendments to title

V of the Trade Act of 1974 concerning

the Generalized System of Preferences

(GSP). Some of these provisions deal

with the freely associated states (see

general note 10), because the statute

implementing the compacts of free

association imposed certain criteria of

the GSP program as limitations on

imports.

The action designated as 10. corrects

omissions from Proclamation 6914 of

August 28, 1966, which modified the

allocation of tariff-rate quotas for certain

cheeses from the EC 15. For the

enumerated cheese quota notes,

Proclamation 6914 modified the notes

by changing the references to ‘‘EC 12’’

to read ‘‘EC 15’’ but did not provide for

the increased quota access for the years

1999 and 2000 as set forth in

Proclamation 6763 of December 23,

1994.

Ambassador Charlene Barshefsky,

United States Trade Representative.

Annex

Corrections: The HTS is modified as

set forth below with respect to goods

entered, or withdrawn from warehouse

for consumption, on or after the

effective dates specified for the

enumerated actions:

1. Effective on January 1, 1994, U.S. note

3 to subchapter II of chapter 98 of the HTS

is modified by redesignating subdivision (d)

as subdivision (e), and by inserting the

following new subdivision in alphabetical

sequence:

‘‘(d) For the purposes of subheadings

9802.00.40 and 9802.00.50, the rates of duty

in the ‘‘Special’’ subcolumn of column 1

followed by the symbol ‘‘CA’’ or ‘‘MX’’ in

parentheses shall apply to any goods which

are returned to the United States after having

been repaired or altered in Canada or in

Mexico, respectively, whether or not such

goods are goods of Canada or goods of

Mexico under the terms of general note 12 to

the tariff schedule.’’

2. Effective on January 1, 1995, the HTS is

modified as follows:

(a) For subheading 2922.49.37, the Rates of

Duty 1—Special subcolumn is modified by

inserting, in alphabetical sequence, the
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Notices 67683

symbol ‘‘L’’ in the parentheses following the

‘‘Free’’ rate of duty in such subcolumn.

(b) In the additional U.S. notes to HTS

section XI listed below, the expression

‘‘articles the product of Canada’’ is deleted at

each instance and the expression ‘‘Imports

from Canada’’ is inserted in lieu thereof.

additional U.S. note 3(a); additional U.S. note

4(c)

additional U.S. note 3(f); additional U.S. note

5(a)

additional U.S. note 4(a); additional U.S. note

5(c)

(c) In the additional U.S. notes to HTS

section XI listed below, the expression

‘‘articles the product of Mexico’’ is deleted at

each instance and the expression ‘‘imports

from Mexico’’ is inserted in lieu thereof.

additional U.S. note 3(b); additional U.S.

note 4(b)

additional U.S. note 3(c); additional U.S. note

4(d)

additional U.S. note 3(d); additional U.S.

note 5(b)

additional U.S. note 3(e); additional U.S. note

5(d)

additional U.S. note 3(g)

(d) The article description for HTS heading

9817.29.01 is modified by deleting

‘‘3701.90.32’’ and by inserting in lieu thereof

‘‘3707.90.32’’.

(e) The Intermediate Chemicals for Dyes

Appendix to the HTS is modified by deleting

the chemical name ‘‘Banzamine, 2, 6–

dichloro–4–nitro’’ and by inserting

‘‘Benzamine, 2, 6–dichloro–4–nitro’’ in lieu

thereof, and by deleting the chemical name

‘‘Benzeneamine, 2–(triflouromethyl)–’’ and

by inserting ‘‘Benzeneamine, 2–

(triflouromethyl)–’’ in lieu thereof.

3. Effective on January 1, 1996, the HTS is

modified as follows:

(a) The tariff classification rules (‘‘TCRs’’)

in subdivision (t) of general note 12 to the

HTS are modified by deleting from chapter

rule 1 to chapter 61 and from chapter rule 1

to chapter 62 the subheading number

‘‘5407.60’’ and by inserting in lieu thereof

‘‘5407.61’’.

(b) The article description for HTS

subheading 6303.92.10 is modified by

deleting ‘‘5407.60.11, 5407.60.21 or

5407.60.91’’ and by inserting in lieu thereof

‘‘5407.61.11, 5407.61.21 or 5407.61.91’’.

(c) The article description for HTS

subheading 9017.20.50 is modified by

deleting ‘‘8456.90.20’’ and by inserting in

lieu thereof ‘‘8456.99.10’’.

(d) U.S. note 3(d) to subchapter II of

chapter 98 is modified by deleting

‘‘additional U.S. note 1’’ and inserting ‘‘note

3’’ in lieu thereof.

4. Effective April 1, 1997, for subheading

2933.59.95, the Rates of Duty 1—special

subcolumn is modified by inserting, in

alphabetical sequence, the symbol ‘‘K’’ in the

parentheses following the ‘‘Free’’ rate of duty

in such subcolumn.

5. Effective April 28, 1997, general note 12

to the HTS is modified as follows:

(a) by numbering the tariff classification

rule to chapter 82 that reads ‘‘A change to

subheadings 8202.39 through 8202.99 from

any other chapter.’’ as TCR 4 to that chapter;

(b) by modifying TCR 231 for chapter 84

by deleting ‘‘tariff items,’’ and by inserting in

lieu thereof ‘‘tariff item, ‘‘; and

(c) by deleting from TCR 90 for chapter 85

‘‘8428.12.62’’ and by inserting in lieu thereof

‘‘8528.12.62’’.

6. Effective May 31, 1997:

(a) For HTS subheading 0802.90.98, the

Rates of Duty 1—Special subcolumn is

modified by inserting, immediately before

the symbol ‘‘CA’’ in parentheses, the symbol

‘‘A+,’’; and

(b) Section (c) to Annex II to Presidential

Proclamation 7007 is modified by deleting

HTS subheadings 0802.90.90, 2901.29.50,

8607.19.03, 9603.10.50 and 9603.10.60.

7. Effective July 1, 1997, section B of

Annex I to Presidential Proclamation 7011 of

June 30, 1997, is modified by deleting the

text of paragraph (68) and by inserting in lieu

thereof the following: ‘Heading 9902.84.77 is

modified by deleting ‘‘8477.10.80’’ and by

inserting in lieu thereof ‘‘8477.10.70’’.’

8. Effective on the date of publication of

this notice in the Federal Register, section

A(5) of Annex II to Presidential Proclamation

6969 is modified as follows:

(a) by deleting, from subparagraph (a) of

such section, the expression ‘‘April 1, 1998,

through March 31, 1999, inclusive’’ and by

inserting ‘‘April 1 in any year through March

31, inclusive’’ in lieu thereof; and

(b) by deleting, from subparagraph (b) of

such section, the expression ‘‘April 1, 1999,

through March 31, 2000, inclusive’’ and by

inserting ‘‘April 1, 2000, through March 31,

2001, inclusive’’ in lieu thereof.

9. Effective January 1, 1998:

(a) Section D of the Annex to Proclamation

6763 is modified by striking from the column

headed ‘‘1998’’ for subheading 2620.90.20

the duty rate of ‘‘18.5¢/kg on tungsten

content + 4%’’ and by inserting the duty rate

‘‘17.6¢/kg on tungsten content + 4%’’ in lieu

thereof; and

(b) Subheading 8529.90.88 is modified by

striking from the ‘‘Special’’ rates of duty

subcolumn the rate ‘‘0.5% (CA)’’ and by

inserting in alphabetical sequence in the

parenthetical expression following the duty

rate of ‘‘Free’’ in such subcolumn the symbol

‘‘CA,’’.

(c) General note 3(iv)(C) is modified by

deleting ‘‘sections 503(b) and 504(c) and by

inserting ‘‘sections 503(a)(2), 503(a)(3) and

503(c)’’ in lieu thereof.

(d) General note 4(a) is modified by

deleting ‘‘section 502(a)(3) of the Trade Act

of 1974 (19 U.S.C. 2462(a)(3)’’ and by

inserting ‘‘section 507(2) of the Trade Act of

1974 (19 U.S.C. 2467(2)’’ in lieu thereof.

(e) General note 4(b)(i) is modified by

deleting ‘‘section 504(c)(6)’’ and by inserting

‘‘section 502(a)(2)’’ in lieu thereof, by

deleting ‘‘section 504(c)’’ and by inserting

‘‘section 503(c)(2)(A)’’ in lieu thereof, and by

deleting ‘‘19 U.S.C. 2464(c)’’ and by inserting

‘‘19 U.S.C. 2463(c)(2)(A)’’ in lieu thereof.

(f) The last paragraph of general note 4(c)

is modified by deleting ‘‘section 503(a)(3)’’

and by inserting ‘‘section 507(2)’’ in lieu

thereof.

(g) General note 10(e)(i)(A) is modified by

deleting ‘‘section 504(c)(1)(A) of the Trade

Act of 1974 (19 U.S.C. 2464(c)(1)(A)’’ and by

inserting ‘‘sections 503(c)(2)(A)(i)(I) and

503(c)(2)(A)(ii) of the Trade Act of 1974 (19

U.S.C. 2463(c)(2)(A)(i)(I) and 503(c)(2)(A)(ii)’’

in lieu thereof.

(h) General note 10(f) is modified by

deleting ‘‘section 504(c)(3) of the Trade Act

of 1974 (19 U.S.C. 2464(c)(3)’’ and by

inserting ‘‘section 503(c)(2)(F) of the Trade

Act of 1974 (19 U.S.C. 2463(c)(2)(F)’’ in lieu

thereof.

10. Effective on January 1 in each of the

following years, the enumerated additional

U.S. notes to chapter 4 of the HTS are each

modified by deleting the existing quantitative

limitation set forth therein for the EC 15 and

by inserting in lieu thereof the new

quantitative limitation set forth in this table:

1999 2000

(a) Additional

U.S. note 17

to chapter 4 ... 2,729,000 2,779,000

(b) Additional

U.S. note 18

to chapter 4 ... 1,096,333 1,263,000

(c) Additional

U.S. note 19

to chapter 4 ... 337,333 354,000

(d) Additional

U.S. note 21

to chapter 4 ... 3,965,333 4,082,000

Additional information regarding these

technical modifications can be obtained by

contacting the above-named officials of the

USTR at the number noted above.

[FR Doc. 97–33752 Filed 12–24–97; 8:45 am]

BILLING CODE 3190–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Trade Policy Staff Committee; Public

Comments for Multilateral Negotiations

in the World Trade Organization on

Expansion of the List of

Pharmaceutical Products Receiving

Zero Duties

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice and request for

comments.

SUMMARY: The Trade Policy Staff

Committee (TPSC) is requesting written

public comments with respect to

expansion of the list of pharmaceuticals

subject to reciprocal duty elimination by

certain members of the World Trade

Organization (WTO). The specific

information being sought is described in

the background section below.

DATES: Public comments are due by

noon, January 30, 1998.

ADDRESSES: Office of the U.S. Trade

Representative, 600 17th Street, N.W.,

Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT:

Barbara Chattin, Director for Tariff

Negotiations, USTR, (202–395–5097).