Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21071

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withdrawn from the warehouse, on or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 Cotton

Sheeting and Sateen From Peru (C–333–001)

5208.1120

5208.1240

5208.1920*

5208.2920*

5209.1900

5209.2900

* Coverage limited to fabric, wholly of

satin weave.

[FR Doc. 95–10654 Filed 4–28–95; 8:45 am]

BILLING CODE 3510–DS–P

[C–333–002]

Cotton Yarn 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.

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 50725). 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 cotton yarn 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 1983, the Department issued a

countervailing duty order on Cotton

Yarn from Peru (C–333–002) (48 FR

4508; February 1, 1983). 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 cotton yarn 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 cotton yarn 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 50725). 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 cotton

yarn from Peru. The HTS numbers

included in this order are listed in the

attached Appendix.

Analysis of Comments Received

Comment 1: The Government of Peru

(GOP) contends that the original

TSUSA-defined scope of the

countervailing duty order on cotton

yarn from Peru covered only those yarns

currently classified under the HTS

subcategory: ‘‘unbleached and not

mercerized yarns.’’ The GOP argues that

all ‘‘other’’ yarns should be excluded

from the HTS scope of the

countervailing duty order on cotton

yarn from Peru.

Department’s Position: We disagree.

The original TSUSA-defined scope

included all yarns provided for in

TSUSA item numbers 300.60 through

302.98, which cover the whole range of

unbleached, mercerized, bleached, and

colored yarns. Consequently, all yarns

covered under HTS headings 5205 and

5206 are covered by the countervailing

duty order on cotton yarn from Peru.

We received no other comments from

interested parties. As a result, the scope

of the countervailing duty order on

cotton yarn from Peru will remain as

proposed on October 5, 1994 (59 FR

50725).

Instructions to Customs

The Department will instruct the U.S.

Customs Service to liquidate without

regard to countervailing duties all

unliquidated entries of cotton yarn from

Peru not covered by the attached

Appendix that were exported from Peru

on or after January 1, 1994.

In addition, we are instructing the

Customs Service to terminate the

suspension of liquidation for all entries

of cotton yarn 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.
21072 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

Dated: April 18, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

Appendix: Amended HTS List for Cotton

Yarn From Peru (C–333–002)

Subheadings 5205.1110 through

5206.4500, inclusive.

[FR Doc. 95–10653 Filed 4–28–95; 8:45 am]

BILLING CODE 3510–DS–P

[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.

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,