[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21072-21073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10652]



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DEPARTMENT OF COMMERCE
[C-333-402]


Certain Textile Mill Products 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 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 50726). 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 
textile mill products 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 Textile Mill Products 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 textile mill products 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 textile mill products 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 50726). 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 textile mill products from Peru. The HTS numbers included in 
this order are listed in the attached Appendix.

Analysis of Comments Received

    Comments from the Government of Peru: The Government of Peru (GOP) 
contends that the HTS subheadings 5208.1260, 5208.1920, and 5208.2240 
cover products that should properly be classified under the 
countervailing duty order on cotton sheeting and sateen (C-333-001). 
The GOP therefore suggests that these products should be excluded by 
including these HTS subheadings in the scope, but at the 10-digit 
level.
    Department's Position: We disagree.
    (1) Based on average yarn number, the sheeting under the HTS 
subheading 5208.1260 is not within the scope of the countervailing duty 
order on cotton sheeting and sateen from Peru. Therefore, the products 
under this subheading should be covered by the countervailing duty 
order on certain textile mill products from Peru.
    (2) The HTS subheading 5208.1920 is listed in the scope of both the 
countervailing duty order on certain textile mill products from Peru 
and the countervailing order on cotton sheeting and sateen from Peru, 
but the coverage is clearly defined under both orders through 
footnotes. Under the countervailing duty order on certain textile mill 
products from Peru, the HTS subheading 5208.1920 applies to ``fabric, 
not wholly of satin weave,'' while under the countervailing order on 
cotton sheeting and sateen from Peru, the HTS subheading 5208.1920 
applies to ``fabric, wholly of satin weave.'' Consequently, there is no 
overlap between the two countervailing duty orders.
    (3) The HTS subheading 5208.2240 is for bleached goods only, 
including bleached sheeting. However, the countervailing order on 
cotton sheeting and sateen from Peru does not cover bleached sheeting. 
Therefore, goods under this HTS subheading should be covered under the 
countervailing duty order on certain textile mill products from Peru.
    Other Comments: Based on comments from the U.S. Customs Service and 
advice from the U.S. International Trade Commission, we are making the 
following changes to the HTS-defined scope, as published on October 5, 
1994 (59 FR 50726), so that it better reflects the original TSUSA-
defined scope of this countervailing duty order:
    1. We are inserting the following HTS subheadings: 5111.1120, 
5111.1130, 5111.1910, 5111.2005, 5111.2010, 5111.2090, 5111.3005, 
5111.3010, 5111.3090, 5111.9040, 5111.9050, 5111.9090, 5112.1110, 
5112.1920, 5112.2010, 5112.2020, 5112.2030, 5112.3010, 5112.3020, 
5112.3030, 5112.9040, 5112.9050, 5112.9090, 5210.1140, 5210.1160, 
5210.1200, 5210.1920, 5210.1940, 5210.1960, 5210.2160, 5210.2940, 
5210.2960, 5211.1100, 5211.1900, 5211.2100, [[Page 21073]] 5211.2900, 
5513.4100, 5810.9910, 6302.5130.
    2. We are deleting the footnote ``Coverage limited to fabric, 
wholly or in part of fine animal hair'' from HTS subheadings 5112.1120 
and 5112.1990.
    3. We are deleting HTS subheadings 5701.1016 and 5805.0025 because 
products covered under these HTS subheadings were excluded from the 
original TSUSA-defined scope of this countervailing duty order.
    4. As a result of HTS subheading changes made effective on January 
1, 1995, the HTS subheading 5701.1020 was replaced by 5701.1040 and 
5701.1090. However, since 5701.1040 covers hand-made carpets, which 
were excluded from the original TSUSA-defined scope, we are replacing 
5701.1020 only with 5701.1090, which covers other carpets.
    5. We are inserting HTS subheadings 5407.7100, 5407.7200, 
5407.7300, and 5407.7400 with the following footnote: ``Coverage 
limited to fabric, not containing 85 percent or more by weight of 
polyester filaments.''
    6. We are inserting HTS subheadings 6302.2150 and 6302.3150 with 
the following footnote: ``Coverage limited to pillowcases, other than 
bolster cases.''

Instructions to Customs

    The Department will instruct the U.S. Customs Service to liquidate 
without regard to countervailing duties all unliquidated entries of 
certain textile mill products 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 textile mill 
products 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 Textile Mill Products From Peru 
                               (C-333-402)                              
                                                                        
                                                                        
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5106.1000*               5208.1180                5511.3000             
5106.2000*               5208.1260                5513.4100             
5107.1000*               5208.1280                5702.3110             
5107.2000*               5208.1300                5702.3120             
5108.1060*               5208.1920<dbl-dagger>    5702.4110             
5108.2060*               5208.1940                5702.4120             
5109.1060                5208.1960                5702.5120             
5109.9060                5208.1980                5702.5140             
5111.1120                5208.2120                5702.9130             
5111.1130                5208.2140                5702.9140             
5111.1170                5208.2160                5703.1000             
5111.1910                5208.2240                5801.1000             
5111.1960                5208.2260                5801.3300             
5111.2005                5208.2280                5801.3400             
5111.2010                5208.2940                5801.3500             
5111.2090                5208.2960                5810.9910             
5111.3005                5208.2980                6002.4200             
5111.3010                5209.1100                6301.2000             
5111.3090                5209.1200                6302.2150<triangle>s> 
5111.9040                5209.2100                6302.3150<triangle>s> 
5111.9050                5210.1140                6302.5130             
5111.9090                5210.1160                6304.9915             
5112.1110                5210.1200                6306.1100             
5112.1120                5210.1920                6306.2100             
5112.1920                5210.1940                6306.9100             
5112.1990                5210.1960                                      
5112.2010                5210.2160                                      
5112.2020                5210.2940                                      
5112.2030                5210.2960                                      
5112.3010                5211.1100                                      
5112.3020                5211.1900                                      
5112.3030                5211.2100                                      
5112.9040                5211.2900                                      
5112.9050                5406.1000                                      
5112.9090                5406.2000                                      
5204.1100                5407.7100<diamond>                             
5204.1900                5407.7200<diamond>                             
5204.2000                5407.7320<diamond>                             
5207.1000                5407.7400<diamond>                             
5207.9000                5511.1000                                      
5208.1140                5511.2000                                      
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*Coverage limited to single or multiple (folded) or cabled yarn, not    
  exceeding 22 nm per single yarn.                                      
 Coverage limited to fabric, not wholly of satin weave.                 
<triangle>s> Coverage limited to fabric, not containing 85 percent or   
  more by weight of polyester filaments.                                
<diamond> Coverage limited to pillowcases, other than bolster cases.    

[FR Doc. 95-10652 Filed 4-28-95; 8:45 am]
BILLING CODE 3510-DS-P