Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51089 

Currently, ED is prevented by the 

terms and conditions of their original 

SHA from enrolling non-habitat within 

300 feet of GCWA habitat, which would 

create and maintain a strip of nonhabitat between two patches of habitat. 

Therefore, ED is requesting that 

language in Attachment 2 of the SHA be 

amended to allow for the creation of 

habitat for BCVIs or GCWAs within 300 

feet of GCWA habitat, so long as no 

alteration of existing habitat occurs. 

BCVI and GCWA were listed as 

endangered in November 1987 and May 

1990, respectively. The BCVI and 

GCWA are migratory songbirds that 

occupy breeding habitat in Texas from 

about March 1–August 31. The BCVI 

requires an early successional stage, 

patchy island habitat of wooded areas 

with shrubs up to about 6 feet tall 

surrounded by grasslands. GCWA 

habitat is mixed closed canopy 

woodland of mature Ashe juniper and 

oaks. 

Approximately 98 percent of the land 

in Texas is privately owned, with a 

substantial majority of existing and 

restorable BCVI and GCWA habitat 

falling into this category. Therefore, the 

participation of private landowners in 

the recovery of these two species is 

highly important. 

Landowners having currently 

unoccupied or unsuitable, but restorable 

habitat and thus a zero baseline 

condition for the Safe Harbor, would be 

eligible for Certificates of Inclusion. 

Exceptions to the zero baseline may also 

be included for certificates under very 

limited circumstances with concurrence 

from the Service. Upon completion and 

maintenance of the habitat 

improvements for at least four breeding 

seasons, the landowners would be 

permitted to conduct any otherwise 

lawful activity on their property, 

including activities that result in the 

partial or total elimination of the 

restored habitat and the incidental 

taking of either of these species as a 

result of such habitat elimination 

(return to baseline). 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended, through its permitting 

provisions (50 CFR part 17). The 

amendment request is available for 

public review, and subject to the 

requirements of the Privacy Act and 

Freedom of Information Act, by any 

party who submits a written request for 

a copy of such document within the 

comment period to the address specified 

below (43 CFR part 2). 

Joy E. Nicholopoulos, 

Acting Regional Director, Region 2, 

Albuquerque, New Mexico. 

[FR Doc. 05–17063 Filed 8–26–05; 8:45 am] 

BILLING CODE 4510–55–P 

INTERNATIONAL TRADE 

COMMISSION 

Possible Modifications to the 

International Harmonized System 

Nomenclature 

AGENCY: United States International 

Trade Commission. 

ACTION: Request for proposals to amend 

the international Harmonized System. 

SUMMARY: The Commission is soliciting 

proposals from interested parties and 

agencies to amend the international 

Harmonized Commodity Description 

and Coding System (Harmonized 

System), including the rules of 

interpretation, section and chapter notes 

and the texts of the headings and 

subheadings, with a view to keeping the 

System current with changes in 

technology and trade patterns. Specific 

proposals in this connection will be 

reviewed by the Commission staff for 

potential submission to the World 

Customs Organization (WCO), in 

Brussels, Belgium. 

EFFECTIVE DATE: August 18, 2005. 

FOR FURTHER INFORMATION CONTACT: 

David Beck, Acting Director, Office of 

Tariff Affairs and Trade Agreements (O/ 

TATA) (202–205–2595, 

david.beck@usitc.gov) or Ronald Heller 

(202–205–2596, 

ronald.heller@usitc.gov). The O/TATA 

fax number is 202–205–2616. The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205–

1819, margaret.olaughlin@usitc.gov). 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the TDD 

terminal on (202–205–1810). General 

information concerning the 

Commission, including subsequent 

notices published pursuant to section 

1210 of the 1988 act, 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–ONLINE) at http:// 

www.usitc.gov/secretary/edis.htm. 

Background: Soon after the 

implementation of the Harmonized 

System (HS) in 1988, the Harmonized 

System (HS) Review Subcommittee 

(RSC) of the World Customs 

Organization (WCO) began a series of 

reviews of the entire HS. The fourth 

review cycle begins this year, with an 

expected implementation date for 

changes of January 2012. 

The HS was established by an 

international Convention, which, inter 

alia, provides that the System should be 

kept up-to-date in light of changes in 

technology and patterns of international trade. The international HS 

nomenclature, which is maintained by 

the WCO, provides a uniform structural 

basis for the customs tariff and 

statistical nomenclatures of all major 

trading countries of the world, 

including the United States. The 

Commission, the U.S. Bureau of 

Customs and Border Protection and the 

Bureau of the Census are responsible for 

the development of U.S. technical 

proposals concerning the HS under 

section 1210 of the Omnibus Trade and 

Competitiveness Act of 1988 (the 1988 

Act) (19 U.S.C. 3010). A 1988 notice 

issued by the United States Trade 

Representative (53 FR 45646, Nov. 10, 

1988), establishes the Commission as 

the lead U.S. agency in considering 

proposals for HS amendments that are 

intended to ensure that it reflects such 

changes in technology and trade. 

A copy of the U.S. Harmonized Tariff 

Schedule (HTSA), which incorporates 

the international Harmonized System in 

its overall structure, can be downloaded 

at http://www.usitc.gov/tata/index.htm. 

Hard copies and electronic copies of the 

HTSA can be found at many of the 1,400 

federal Depository Libraries located 

throughout the United States and its 

territories; further information about 

these locations can be found at http:// 

www.gpoaccess.gov/fdlp.html, or by 

contacting GPO Access at the 

Government Printing Office, 866–512–

1800. 

Note that the international HS 

comprises the broadest levels of 

categories in the HTSA, that is, the 

General Rules for the Interpretation of 

the Nomenclature, Section and Chapter 

titles, Section and Chapter legal notes, 

and heading and subheading texts to the 

six-digit level of detail. Additional U.S. 

Notes, further subdivisions (eight- and 

ten-digit subheadings) and statistical 

notes, as well as the entire chapters 98 

and 99, are national legal and statistical 

detail added for the administration of 

the tariff and statistical programs and 

are not part of the international HS 

review process that is the subject of this 

Notice. 

Request for Proposals: In accordance 

with the USTR notice, the Commission 

is seeking proposals for specific 

modifications to the Harmonized 

System (including the rules of 

51090 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

interpretation, section and chapter notes 

and the texts of the headings and 

subheadings) that will further the above 

goals. No proposals for changes to the 

national-level provisions (which 

include U.S. 8-digit subheadings, 

statistical annotations and rates of duty) 

will be considered by the Commission 

as a part of this review. Interested 

parties, associations and government 

agencies should submit specific 

language for proposed amendments to 

the Harmonized System together with 

appropriate descriptive comments and, 

to the extent available, trade data. 

As part of this review, the 

Commission particularly invites 

proposals concerning the following 

matters: 

• The deletion of HS headings or 

subheadings with low trade volume, 

• The identification of new products 

important in international trade, 

• The simplification of the HS, e.g., 

by the elimination of classification 

provisions which are difficult to 

administer. 

As mentioned above, no proposals for 

changes to the Explanatory Notes or 

national-level provisions (including 

Additional U.S. Notes, U.S. 8-digit 

subheadings, statistical annotations and 

rates of duty) will be considered by the 

Commission as a part of this review. 

The changes in the international HS that 

will result from this review cycle will 

not necessarily affect tariff rates for 

products imported into the United 

States; as with the first three HS review 

cycles, the USITC plans to eventually 

develop a set of proposed HTS changes 

that will align the HTS on the 

international HS changes, pursuant to 

sec. 1205 of the 1988 Act. 

This Notice is not soliciting proposals 

for changes to the HS Explanatory 

Notes. However, requests for changes to 

the existing Explanatory Notes (not 

arising from changes in the HS itself) 

may be sent by a government directly to 

the Harmonized System Committee (the 

parent committee to the RSC) at any 

time; government and private sector 

parties interested in such action 

internationally should separately 

contact the above-mentioned parties at 

the USITC or the following at the 

Bureau of Customs and Border 

Protection: Myles Harmon, Director, 

Commercial Rulings Division, 202–572–

8860 or Gail Hamil, Director, 

International Nomenclature Staff, 202–

572–8813. 

Written Submissions: Interested 

persons are invited to submit written 

proposals. All submissions should be 

addressed to the Secretary, United 

States International Trade Commission, 

500 E St. SW., Washington, DC 20436, 

and should be received no later than the 

close of business October 14, 2005. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

of the rules requires that a signed 

original (or a copy designated as an 

original) and fourteen (14) copies of 

each document be filed. In the event 

that confidential treatment of the 

document is requested, as least four (4) 

additional copies must be filed in which 

the confidential information must be 

deleted (see the following paragraph for 

further information regarding 

confidential business information). The 

Commission’s rules do not authorize 

filing submissions with the Secretary by 

facsimile or electronic means except as 

permitted by section 201.8 of the rules 

(see Handbook for Electronic Filing 

Procedures, 

http://hotdocs.usitc.gov/pubs/ 

handbook_on_electronic_filing.pdf. 

Any submissions that contain 

confidential business information must 

conform with the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for CBI, 

will be made available in the Office of 

the Secretary to the Commission for 

inspection by interested parties. CBI 

received by the Commission in this 

investigation will not be released to 

other government agencies or the public 

in a manner that would reveal the 

operations of the firm supplying the 

information. 

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. 

By order of the Commission. 

Issued: August 23, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–17057 Filed 8–26–05; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–527] 

In the Matter of Certain Digital Image 

Storage and Retrieval Devices; Notice 

of Commission Decision Not To 

Review an Initial Determination 

Terminating the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s (‘‘ALJ’s’’) initial determination 

(‘‘ID’’) terminating the above-captioned 

investigation in its entirety based upon 

withdrawal of the complaint. 

FOR FURTHER INFORMATION CONTACT: 

Clara Kuehn, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3012. Copies of the ID and all other 

nonconfidential documents filed in 

connection with this investigation are or 

will be available for inspection during 

official business hours (8:45 a.m. to 5:15 

p.m.) in the Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone 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 this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS–ON–LINE) at 

http://edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on November 29, 2004, based on a 

complaint filed by Ampex Corporation 

of Redwood City, CA (‘‘Ampex’’). 69 FR 

69390 (2004). The notice of 

investigation named three respondents: 

Eastman Kodak Company of Rochester, 

NY; Chinon Industries, Inc. of Chino 

City, Nagano, Japan; and Altek 

Corporation of Hsinchu, Taiwan 

(collectively, ‘‘respondents’’). Id. The 

complaint, as supplemented, alleges 

violations of section 337 of the Tariff 

Act of 1930 in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain digital image 

storage and retrieval devices by reason 

of infringement of claims 7, 8, 10–14, 

and 15 of U.S. Patent No. 4,821,121. Id.