[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Notices]
[Pages 21413-21414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10697]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 1205-5]


Proposed Modifications to the Harmonized Tariff Schedule of the 
United States

<BD>AGENCY: <RM>International Trade Commission.

<BD>ACTION: <RM>Additional proposed amendments.

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<BD>EFFECTIVE DATE: <RM>April 23, 2001.
<BD>SUMMARY: <RM>On November 18, 1999, the Commission instituted 
investigation No. 1205-5, Proposed Modifications to the Harmonized 
Tariff Schedule for the United States, pursuant to section 1205 of the 
Omnibus Trade and Competitiveness Act of 1988. Section 1205 directs the 
Commission to keep the Harmonized Tariff Schedule of the United States 
(HTS) under continuous review and to recommend modifications to the HTS 
(1) when amendments to the International Convention on the Harmonized 
Commodity Description and Coding System (Harmonized System), and the 
Protocol thereto, are recommended by the World Customs Organization 
(Harmonized System), and the Protocol thereto, are recommended by the 
World Customs Organization (WCO) (formerly known as the Customs 
Cooperation Council) for adoption, and (2) as other circumstances 
warrant. The Commission's final report will set forth the proposed 
changes and indicate the necessary changes in the HTS that would be 
needed to conform the HTS to the international nomenclature structure; 
the report will also include other appropriate explanatory information 
on the proposed changes. A preliminary report was submitted to the 
Office of the United States Trade Representative in March 2000. Since 
that time, the Commission has been informed of additional proposed 
amendments to the HTS that should be included in the final report.

<BD>FOR FURTHER INFORMATION CONTACT: <RM>Eugene A. Rosengarden, 
Director (202-205-2592), Office of Tariff Affairs and Trade Agreements, 
U.S. International Trade Commission, Washington, DC 20436. Hearing 
impaired individuals are advised that information on this investigation 
can be obtained by contacting the TDD terminal on (202) 205-1810.

Background

    The majority of the changes proposed in the Commission's 
preliminary report are the result of the work of the WCO and its 
Harmonized System Committee (HSC) to update and clarify the Harmonized 
System nomenclature, as part of the WCO's long-term program to review 
the nomenclature structure on a formal basis. These proposed changes, 
which are to become effective in January 2002, are available in the 
Office of the Secretary, Room 112, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436 (telephone 202-205-
2000) and are posted on the Commission's website (<IT>http://www.usitc.gov<RM>). These changes encompass all decisions taken by the 
HSC since the implementation of the last set of WCO modifications to 
the Harmonized System, which were effective as of January 1, 1996.
    Other proposed changes included in this investigation have been 
requested by the U.S. Customs Service, in order to clarify the proper 
tariff classification and duty treatment of particular goods due to 
decisions of the Court of International Trade, the HSC, or the U.S. 
Customs Service. These changes, including those which are the subject 
of this notice, will be treated separately in the Commission's final 
report.
    The Commission prepared non-authoritative cross-reference tables in 
its preliminary report to provide guidance to potentially affected 
parties and to show the likely existing and future tariff 
classifications of the goods concerned. The Customs Service has 
domestic legal authority for tariff classification and may provide 
information, both during the course of the investigation and after the 
Commission's report is submitted, that indicates different or 
additional tariff classifications of some goods. Moreover, the WCO has 
recently issued a cross-reference table under Article 16 of the 
Harmonized System Convention, indicating the international 
classifications (existing and future) of the goods affected by the 
proposed changes. Thus, the classifications shown in the Commission's 
preliminary cross-reference tables may be subject to change in the 
final report in light of WCO's cross-reference table.

Additional Proposed Amendments to the HTS

    In addition to the changes to the HTS already proposed in the 
Commission's preliminary report and in the <CS>Federal Register <RM>of 
December 29, 2000 (65 F.R. 83032), February 16, 2001 (66 FR 10743) and 
March 8, 2001 (66 FR 13963), the following changes are proposed to 
clarify proposals already set forth in the Commission's preliminary 
report to the U.S. Trade Representative, Proposed Modifications to the 
Harmonized Tariff Schedule of the United States, Investigation No. 
1205-5 (Preliminary) (USITC Publication 3295). These new proposed 
changes are set out below.

Chapter 8

    Subheadings 0805.30, 0805.30.20 and 0805.30.40 are superseded by 
the following:

                             [Citrus fruit, fresh
                                   or dried:]
``0805.50                    Lemons (<IT>Citrus<RM>
                              <IT>limon, Citrus<RM>
                              <IT>limonum<RM>) and limes
                              (<IT>Citrus<RM>
                              <IT>aurantifolia,<RM>
                              <IT>Citrus latifolia<RM>):
0805.50.20                     Lemons............  2.2 cents/kg            Free (A+,CA,E,IL,J)   5.5 cents/kg
                                                                            0.2 cents/kg (MX)
                               Limes:............

[[Page 21414]]

 
0805.50.30                      Tahitian limes,    0.8%                    Free                  35%
                                 Persian limes                              (A*,CA,E,IL,J,MX)
                                 and other limes
                                 of the <IT>Citrus<RM>
                                 <IT>latifolia<RM>
                                 variety<IT>.<RM>
0805.50.40                      Other............  1.8 cents/kg            Free (A,CA,E,IL,J)    4.4 cents/kg
                                                                            0.2 cents/kg (MX)''
 

[This proposed amendment replaces item 08-1 in Appendix B of USITC Pub. 
3295.]

Chapter 85

    Note 6 to chapter 85 is superseded by the following:
    ``6. Records, tapes and other media of heading 8523 or 8524 remain 
classified in those headings, when entered with the apparatus for which 
they are intended.
    This note does not apply to such media when they are entered with 
articles other than the apparatus for which they are intended.
    For the purposes of this note, the term ``apparatus for which they 
are intended'' refers to apparatus which reads or plays the media or 
which records or writes on the media.''

[This proposed amendment replaces item 85-3 in Appendix B of USITC Pub. 
3295.]

Chapter 98

    The following new heading 9817.64.01 is inserted in numerical 
sequence:

``9817.64.01                    Footwear, other than goods of  Free                      The rate applicable in
                                 heading 9021, of a kind for                              the absence of this
                                 supporting or holding the                                heading.''
                                 foot following an illness,
                                 operation or injury,
                                 provided that such footwear
                                 is (1) made to measure and
                                 (2) presented singly and not
                                 in pairs and designed to fit
                                 either foot equally.
 

Written Submissions

    Interested parties are invited to submit written statements 
concerning the proposed changes outlined above. Commercial or financial 
information that a submitter desires to treat as confidential must be 
submitted on separate sheets of paper, each clearly marked 
``Confidential Business Information`` at the top. All submissions 
requesting confidential treatment must conform with the requirements of 
Sec. 201.6 of the Commission's rules of practice and procedure (19 CFR 
201.6). All written submissions, except for confidential business 
information, will be made available in the Office of the Secretary of 
the Commission for inspection by interested parties. To be assured of 
consideration by the Commission, written statements relating to the 
proposed changes above should be submitted to the Commission at the 
earliest practical date and should be received no later than the close 
of business on May 11, 2001. All submissions should be addressed to the 
Secretary, United States International Trade Commission, 500 E Street 
SW., Washington, DC 20436. The Commission's rules do not authorize 
filing submissions with the Secretary by facsimile or by electronic 
means.
    Persons with mobility impairments who will need special assistance 
in gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS-ON-LINE) at 
http://dockets. usitc.gov/eol/public.

List of Subjects

    Tariffs/HTS, Harmonized System, WCO, and imports.

    By order of the Commission.

    Issued: April 24, 2001.

Donna R. Koehnke,
Secretary.
[FR Doc. 01-10697 Filed 4-27-01; 8:45 am]
BILLING CODE 7020-02-M