[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21068-21070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10651]



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DEPARTMENT OF COMMERCE
[C-333-402]


Certain Apparel from Peru; Notice of Scope Amendment

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amendment to the existing conversion of the scope of 
the order from the Tariff Schedules of the United States annotated to 
the harmonized tariff schedule.

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SUMMARY: On January 1, 1989, the United States fully converted to the 
international harmonized system of tariff classification. On January 
11, 1989, the Department of Commerce (the Department) published the 
Conversion to Use of the Harmonized Tariff Schedule of Classifications 
for Antidumping and Countervailing Duty Proceedings (54 FR 993; January 
11, 1989) (1989 Conversion) for all antidumping and countervailing duty 
[[Page 21069]] orders in effect or investigations in progress as of 
January 1, 1989. On October 5, 1994, the Department published a 
proposed amendment to the conversion (59 FR 50727). Interested parties 
were invited to comment on this proposed amended conversion. The 
Department also requested the U.S. Customs Department to comment on the 
proposed amendment to the conversion. Based on our analysis of the 
comments received, the Department is now publishing an amended 
conversion of the scope of the countervailing duty order on certain 
apparel from Peru.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT: Martina Tkadlec or Kelly Parkhill, 
Office of Countervailing Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, telephone 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    In 1985, the Department issued a countervailing duty order on 
Certain Apparel from Peru (C-333-402) (50 FR 9871; March 12, 1985). The 
scope of this order was originally defined solely in terms of the 
Tariff Schedules of the United States Annotated (TSUSA) item numbers; 
no narrative product description was provided. On January 1, 1989, the 
United States fully converted from the TSUSA to the Harmonized Tariff 
Schedule (HTS). Section 1211 of the Omnibus Trade and Competitiveness 
Act of 1988 directed the Department to ``take whatever actions are 
necessary to conform, to the fullest extent practicable, with the 
tariff classification system of the Harmonized Tariff Schedule (for) 
all * * * orders * * *'' in effect at the time of the implementation of 
the HTS.
    Accordingly, on January 11, 1989, after reviewing comments received 
from the public, the Department published the 1989 Conversion for all 
antidumping and countervailing duty orders in effect or investigations 
in progress as of January 1, 1989 (54 FR 993). That notice also 
included the conversion of the scope of the countervailing duty order 
on certain apparel from Peru from TSUSA to HTS item numbers. The 1989 
Conversion was based on a one-to-one correspondence of the TSUSA and 
HTS item numbers. In the notice, the Department stated that it would 
review the HTS classifications at any time during a proceeding upon 
receipt of new information or additional comments.
    Subsequently, as a result of comments submitted to the Department 
by the importing public and advice received from the U.S. Customs 
Service, the Department determined (1) that the 1989 Conversion did not 
accurately reflect the scope of the countervailing duty order on 
certain apparel from Peru and, therefore, (2) that the 1989 Conversion 
should be amended. On October 5, 1994, the Department published a 
proposed amendment to the 1989 Conversion and invited interested 
parties to comment (59 FR 50727). The Department also requested 
comments on the proposed conversion from the U.S. Customs Service.
    Based on our analysis of the comments received, the Department has 
amended the 1989 Conversion governing the countervailing duty order on 
certain apparel from Peru. The HTS numbers included in this order are 
listed in the attached Appendix.

Analysis of Comments Received

    The Department received no timely comments from interested parties. 
We are making the following changes to the HTS-defined scope, as 
published on October 5, 1994 (59 FR 50727), based on comments from the 
U.S. Customs Service and advice from the U.S. International Trade 
Commission:
    1. Since the original TSUSA-defined scope of this countervailing 
duty order did not include hand-knit alpaca apparel, we are inserting 
the following footnote applicable to the whole HTS-defined scope in the 
attached Appendix: ``The order covers all products identified, other 
than hand-knit alpaca garments.''
    2. To better reflect the original TSUSA-defined scope of this 
countervailing duty order, cotton bags should be excluded from the HTS 
subheading 4202.2280. Consequently, we are inserting the expression 
``Coverage excludes handbags with outer surface of cotton'' for this 
subheading.
    3. To better reflect the original TSUSA-defined scope of this 
countervailing duty order, we are adding the footnote ``Coverage 
excludes garments having embroidery or permanently affixed applique 
work on the outer surface'' to the following HTS subheadings: 
6104.5100, 6104.5310, 6104.5910, 6104.6100, 6104.6315, 6104.6920, 
6204.3120, 6204.3340, 6204.3920, 6204.4120, 6204.4330, 6204.4430, 
6204.5100, 6204.5320, 6204.5920, 6204.6240, 6204.6325, 6204.6920.
    4. An HTS subheading change, made effective on January 1, 1995, 
necessitates that we replace subheading 6204.6100 with 6204.6190. We 
are also adding the footnote ``Coverage excludes garments having 
embroidery or permanently affixed applique work on the outer surface'' 
to this HTS subheading.
    5. We are inserting HTS subheadings 6104.6210, 6201.1330, and 
6202.1330 so that the HTS-defined scope reflects more accurately the 
original TSUSA-defined scope of this countervailing duty order.
    6. We are also inserting HTS subheadings 6106.2010 and 6106.9010 
with the footnote ``Coverage excludes garments having embroidery or 
permanently affixed applique work on the outer surface'' so that the 
HTS-defined scope reflects more accurately the original TSUSA-defined 
scope of this countervailing duty order.

Instructions to Customs

    The Department will instruct the U.S. Customs Service to liquidate 
without regard to countervailing duties all unliquidated entries of 
certain apparel from Peru not covered by the attached Appendix that 
were exported from Peru on or after May 18, 1992. The Department will 
also instruct the U.S. Customs Service to liquidate at the appropriate 
countervailing duty rate all unliquidated entries of the subject 
merchandise covered in the attached Appendix that were exported on or 
after May 18, 1992, and on or before December 31, 1994.
    In addition, we are instructing the Customs Service to terminate 
the suspension of liquidation for all entries of certain apparel from 
Peru not covered in the attached Appendix, that are entered or 
withdrawn from the warehouse on or after the date of publication of 
this notice. The Department will also instruct the U.S. Customs Service 
to continue to suspend liquidation and collect the appropriate cash 
deposit of estimated countervailing duties for the subject merchandise 
listed in the attached Appendix, entered or withdrawn from the 
warehouse, on or after the date of publication of this notice.

    Dated: April 18, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.

    Appendix: Amended HTS List for Certain Apparel From Peru (C-333-    
                            402)<triangle>s>                            
                                                                        
                                                                        
------------------------------------------------------------------------
4202.1240                            6109.1000<diamond>                 
4202.2270                            6110.1010                          
4202.2280
                           6110.1020                          
4202.9215                            6110.2020<diamond>                 
4202.9260                            6110.3015                          
6102.1000                            6116.9100                          
[[Page 21070]]                                                          
                                                                        
6102.3010                            6116.9364                          
6103.1100                            6116.9374                          
6103.1210                            6117.1010                          
6103.1910                            6117.1020                          
6103.2100*                           6201.1100                          
6103.2200*                           6201.1330                          
6103.2300*                           6201.9120                          
6103.2910*                           6201.9325                          
6103.4110                            6202.1100                          
6103.4210<dagger>                    6202.1330                          
6103.4310                            6202.9120                          
6103.4910<dbl-dagger>                6202.9220                          
6104.1100                            6202.9340                          
6104.1310                            6204.2100*                         
6104.1910                            6204.2230*                         
6104.2100*                           6204.2300*                         
6104.2300*                           6204.2920*                         
6104.2910*                           6204.3120<diamond>                 
6104.3100                            6204.3340<diamond>                 
6104.3310                            6204.3920<diamond>                 
6104.3910<dbl-dagger>                6204.4120<diamond>                 
6104.4100                            6204.4230<diamond>                 
6104.4310                            6204.4330<diamond>                 
6104.4410                            6204.4430<diamond>                 
6104.5100<diamond>                   6204.5100<diamond>                 
6104.5310<diamond>                   6204.5320<diamond>                 
6104.5910<dbl-dagger><diamond>       6204.5920<diamond>                 
6104.6100<diamond>                   6204.6190<diamond>                 
6104.6210                            6204.6240<box> <diamond>           
6104.6315<diamond>                   6204.6325<diamond>                 
6104.6920<dbl-dagger> <diamond>      6204.6920<diamond>                 
6105.1000<diamond>                   6205.2020{time}                    
6106.1000<diamond>                   6214.2000                          
6106.2010<diamond>                   6505.9030                          
6106.9010<diamond>                   6505.9040                          
------------------------------------------------------------------------
<triangle>s> The order covers all products identified, other than hand- 
  knit alpaca garments.                                                 

 Coverage excludes handbags with outer surface of cotton.              
* Coverage limited to garments that would be subject to this order if   
  separately entered.                                                   
<dagger> Coverage limited to garments having embroidery or permanently  
  affixed applique work on the outer surface.                           
<dbl-dagger> Coverage limited to garments of artificial fibers,         
  containing 23 percent or more by weight of wool or fine animal hair.  
<diamond> Coverage excludes garments having embroidery or permanently   
  affixed applique work on the outer surface.                           
<diamond> Coverage excludes dresses of pile fabric and other dresses of 
  fabric having yarns of different colors.                              
<box> Coverage excludes girls' garments, women's shorts, women's        
  trousers and breeches of pile fabric and other women's trousers and   
  breeches of blue denim.                                               
{time}  Coverage excludes shirts of pile fabric and other shirts of     
  fabric having yarns of different colors.                              

[FR Doc. 95-10651 Filed 4-28-95; 8:45 am]
BILLING CODE 3510-DS-P