[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21071-21072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10653]



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DEPARTMENT OF COMMERCE
[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.

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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 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.

     [[Page 21072]] 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