Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Notices 77

1301 Constitution Ave., N.W.,

Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the form(s) and instructions

should be directed to U.S. Customs

Service, Attn.: Norman Waits, Room

6216, 1301 Constitution Avenue N.W.,

Washington, D.C. 20229, Tel. (202) 927–

1551.

SUPPLEMENTARY INFORMATION: Customs

invites the general public and other

Federal agencies to comment on

proposed and/or continuing information

collections pursuant to the Paperwork

Reduction Act of 1995 (Public Law 104–

13; 44 U.S.C. 3506(c)(2)(A)). The

comments should address the accuracy

of the burden estimates and ways to

minimize the burden including the use

of automated collection techniques or

the use of other forms of information

technology, as well as other relevant

aspects of the information collection.

The comments that are submitted will

be summarized and included in the

Customs request for Office of

Management and Budget (OMB)

approval. All comments will become a

matter of public record. In this

document Customs is soliciting

comments concerning the following

information collection:

Title: Extension of Time In Which To

File Vessel Repair Documents.

OMB Number: 1515–0195.

Form Number: N/A.

Abstract: This collection of

information is required to establish

duties assessed upon the value of

repairs accomplished outside of the

United States on certain American-flag

vessels. Customs regulations 19 CFR

4.14(a)(2)(iii)(B)(b)(2)(ii) states

‘‘whenever a repair entry is submitted as

a full and complete account, the entry

is submitted as an incomplete account,

the evidence must be submitted within

90 days from the date of the vessel’s

arrival.’’ However, an additional 30-day

extension may be granted if a written

request is submitted before the end of

the 90-day period, along with a

satisfactory explanation, by the party

required to furnish the evidence of cost.

Current Actions: There are no changes

to the information collection. This

submission is being submitted to extend

the expiration date.

Type of Review: Extension (without

change).

Affected Public: Business or other forprofit institutions.

Estimated Number of Respondents:

2,000.

Estimated Time Per Respondent: 3

minutes.

Estimated Total Annual Burden

Hours: 112.

Dated: December 27, 1995.

V. Carol Barr,

Leader, Printing and Records Services Group.

[FR Doc. 95–31562 Filed 12–29–95; 8:45 am]

BILLING CODE 4820–02–P

Public Information Collection

Requirements; Request for Public

Input; Documentation Requirements

for Articles Entered Under Certain

Special Tariff Treatment Provisions

AGENCY: U.S. Customs, Department of

the Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, Customs invites the general

public and other Federal agencies to

comment on an information collection

requirement concerning Documentation

Requirements For Articles Entered

Under Certain Special Tariff Treatment

Provisions. This request for comment is

being made pursuant to the Paperwork

Reduction Act of 1995 (Public Law 104–

13; 44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be

received on or before March 4, 1996, to

be assured of consideration.

ADDRESSES: Direct all written comments

to U.S. Customs Service, Printing and

Records Services Group, Room 6216,

1301 Constitution Ave., N.W.,

Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the form(s) and instructions

should be directed to U.S. Customs

Service, Attn.: Norman Waits, Room

6216, 1301 Constitution Avenue N.W.,

Washington, D.C. 20229, Tel. (202) 927–

1551.

SUPPLEMENTARY INFORMATION: Customs

invites the general public and other

Federal agencies to comment on

proposed and/or continuing information

collections pursuant to the Paperwork

Reduction Act of 1995 (Public Law 104–

13; 44 U.S.C. 3506(c)(2)(A)). The

comments should address the accuracy

of the burden estimates and ways to

minimize the burden including the use

of automated collection techniques or

the use of other forms of information

technology, as well as other relevant

aspects of the information collection.

The comments that are submitted will

be summarized and included in the

Customs request for Office of

Management and Budget (OMB)

approval. All comments will become a

matter of public record. In this

document Customs is soliciting

comments concerning the following

information collection:

Title: Documentation Requirements

For Articles Entered Under Certain

Special Tariff Treatment Provisions.

OMB Number: 1515–0194.

Form Number: N/A.

Abstract: This collection of

information is required to determine

whether imported articles are entitled to

duty-free or reduced duty treatment

when returned to the U.S. and entered

under subheading 9801.00.10,

9802.00.20, 9802.00.50, or 9802.00.60,

Harmonized Tariff Schedule of the

United States (HTSUS). The declaration

by the owner, importer, consignee, or

agent required by 19 CFR 10.1(a),

10.8(a), and 10.9(a) state that the

statutory conditions and requirements

for entry under the above HTSUS

subheadings have been satisfied.

Current Actions: There are no changes

to the information collection. This

submission is being submitted to extend

the expiration date.

Type of Review: Extension (without

change).

Affected Public: Business or other forprofit institutions.

Estimated Number of Respondents:

2,250.

Estimated Time Per Respondent: 12

minutes.

Estimated Total Annual Burden

Hours: 450.

Dated: December 27, 1995.

V. Carol Barr,

Leader, Printing and Records Services Group.

[FR Doc. 95–31561 Filed 12–29–95; 8:45 am]

BILLING CODE 4820–02–P

[T.D. 96–5]

Tariff Classification of Sleepwear

Separates

AGENCY: Customs Service, Treasury.

ACTION: Final determination regarding

inconsistent tariff classification rulings

of sleepwear separates.

SUMMARY: This notice advises the public

that Customs is modifying inconsistent

rulings on garments known as pajama or

sleepwear separates which do not

conform with Customs position on the

proper classification of such garments.

Customs Headquarters has issued

rulings that women’s woven cotton

pajama or sleepwear separates, when

imported without a matching

component (thus precluding

classification as pajamas), are classified

as similar articles and remain within

heading 6208 of the Harmonized Tariff

Schedule of the United States (HTSUS).

Heading 6208, HTSUS, provides for
78 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Notices

women’s or girls’ singlets and other

undershirts, slips, petticoats, briefs,

panties, nightdresses, pajamas,

negligees, bathrobes, dressing gowns

and similar articles. It has come to

Customs attention that prior to issuance

of these rulings a limited number of

rulings were issued on similar garments

referred to as pajama bottoms, sleep

bottoms or sleep shorts. In these earlier

rulings, the garments ruled upon were

classified in the provision for women’s

or girls’ pajamas. This was an error. Due

to the likelihood that Customs

Headquarters may not be aware of all

rulings issued on such garments, notice

was given on August 18, 1995 in the

Federal Register (60 FR 43183) of our

intent to modify these inconsistent

rulings to conform with our view with

respect to classification of the garments,

not as pajamas, but as similar articles.

No comments were received in response

to our notice of intent to modify the

inconsistent rulings.

EFFECTIVE DATE: Merchandise entered or

withdrawn from warehouse for

consumption on or after March 4, 1996.

FOR FURTHER INFORMATION CONTACT:

Cynthia Reese, Textile Classification

Branch (202–482–7050).

SUPPLEMENTARY INFORMATION:

Background

This notice advises the public that

Customs is modifying inconsistent

rulings on garments known as pajama or

sleepwear separates which do not

conform with Customs current views on

the proper classification of such

garments. Customs Headquarters issued

a ruling on the classification of certain

women’s sleepwear separates, HRL

956202 of September 29, 1994. In that

ruling, Customs ruled that women’s

woven cotton pajama or sleepwear

separates, when imported without a

matching component (thus precluding

classification as pajamas), are classified

as similar articles and remain within

heading 6208 of the Harmonized Tariff

Schedule of the United States (HTSUS).

Heading 6208, HTSUS, provides for

women’s or girls’ singlets and other

undershirts, slips, petticoats, briefs,

panties, nightdresses, pajamas,

negligees, bathrobes, dressing gowns

and similar articles. As similar articles,

the pajama/sleepwear separates were

classified in subheading 6208.91.3010,

Harmonized Tariff Schedule of the

United States Annotated (HTSUSA).

Rulings issued since HRL 956202

have followed the classification

arguments stated therein. Customs

became aware that prior to issuance of

this ruling a limited number of rulings

were issued on similar garments

referred to as pajama bottoms, sleep

bottoms or sleep shorts. In these earlier

rulings, the garments ruled upon were

classified in the provision for women’s

or girls’ pajamas. This was an error. Due

to the likelihood that Customs

Headquarters may not be aware of all

rulings issued on such garments, notice

was given on August 18, 1995 in the

Federal Register (60 FR 43183) of our

intent to modify these rulings to reflect

classification of the garments, not as

pajamas, but as similar articles. No

comments were received in response to

the notice.

In Headquarters Ruling Letter 088192

issued on February 20, 1991, and New

York Ruling Letter 862500 of April 29,

1991, a pair of ladies’ boxer-style shorts,

style 53035, were classified in

subheading 6208.22.0000, HTSUSA,

which provides for women’s or girls’

nightdresses and pajamas of man-made

fibers. Style 53035 was constructed of a

woven polyester satiny fabric. In NYRL

885168 of May 17, 1993, Customs

classified a pair of boxer-type shorts of

100 percent woven polyester charmeuse

as sleepwear in subheading

6208.22.0000, HTSUSA. In DD 889242

of August 27, 1993, Customs classified

a women’s woven cotton pajama pant in

subheading 6208.21.0020, HTSUSA,

and, in NYRL 890570 of October 20,

1993, (amended by supplemental letter

of October 28, 1993) Customs classified

five styles of women’s woven boxerstyled sleep shorts (all sold with a

coordinating upper body garment) in

subheadings 6208.21.0010, HTSUSA

and 6208.21.0020, HTSUSA. Customs

Headquarters believes the conclusions

in these rulings that the garments at

issue therein would be principally used

as sleepwear and should be classified as

such are correct. These are rulings

which Customs is able to identify and

which are hereby modified to conform

with HRL 956202. The error in the

rulings was not the conclusion that the

garments were sleepwear, but the

classification of the garments at the

subheading level in the provision for

pajamas. Any other Customs rulings on

virtually identical merchandise in

which the goods were classified in the

provision for pajamas are also subject to

this notice.

In order to be classified in the

provision for nightdresses and pajamas,

a garment must be one of the named

articles. In Headquarters Ruling Letter

088635 of May 24, 1991, the meaning of

the term ‘‘pajamas’’ was examined and

it was determined that the common

meaning of the term required top and

bottom garments and that ‘‘pajama

bottoms’’ or sleep bottoms without

pajama tops are not classifiable as

pajamas.

It follows that the women’s sleepwear

bottoms which were the subject of the

previously cited rulings cannot be

classified in the provision for

nightdresses and pajamas. Although not

classifiable as pajamas, these garments

may be classified as ‘‘other similar

articles’’ in the ‘‘other’’ provision of

heading 6208, HTSUS.

The rationale for classification of the

garments at issue in heading 6208,

HTSUS, as similar to nightdresses and

pajamas lies in the rule of statutory

construction known as ejusdem generis.

In Van Dale Industries v. United States,

Slip Op. 94–54, (April 1, 1994), in

discussing ejusdem generis, the Court of

International Trade stated:

One rule of statutory construction is

ejusdem generis, which means ‘‘of the same

kind, class, or nature.’’ Black’s Law

Dictionary 464 (5th ed. 1979). This rule

applies ‘‘whenever a doubt arises as to

whether a given article not specifically

named in the statute is to be placed in a class

of which some of the individual subjects are

named.’’ [United States v. Damrak Trading

Co., Inc., 43 CCPA 77, 79, C.A.D. 611 (1956).]

Under ejusdem generis, where particular

words of description are followed by general

terms, the latter will be regarded as referring

to things of a like class with those

particularly described. Id. In other words,

ejusdem generis requires that merchandise

possess the particular characteristics or

purposes that unite the specified exemplars

in order to be classified under the general

terms. See, Nissho-Iwasi Am. Corp. v. United

States, 10 CIT 154, 157, 641 F. Supp. 808,

810 (1986) (citations omitted).

Heading 6208, HTSUS, specifically

provides for women’s and girls’ singlets

and other undershirts, slips, petticoats,

briefs, panties, nightdresses, pajamas,

negligees, bathrobes, dressing gowns

and similar articles. To apply ejusdem

generis, Customs must ascertain the

shared characteristics or purposes of the

named garments in heading 6208,

HTSUS.

All of the articles named in heading

6208, HTSUS, may be characterized as

‘‘intimate apparel’’. They are garments

which are recognized as either

underwear (the singlets and other

undershirts, slips, petticoats, briefs and

panties), sleepwear (the nightdresses,

pajamas and negligees), or garments

normally worn indoors in the presence

of family or close friends (the negligees,

bathrobes and dressing gowns). The

explanatory note for heading 6208

describes the scope of the heading as

including women’s or girls’

underclothing and, after naming the last

five exemplars, ‘‘garments usually worn

indoors’’. While the explanatory notes

contained in the Harmonized
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Notices 79

Commodity Description and Coding

System Explanatory Notes are not

legally binding, they do represent the

international interpretation of the

Harmonized System and provide

guidance in determining the scope of

the various headings.

As Customs believes the garments in

the previously named rulings were

properly classified in heading 6208,

HTSUS, based on the examination of the

garments by Customs which determined

that the garments were sleepwear, it is

only the subheadings in which the

garments were classified that is viewed

as an error. Clearly, these garments were

of a type which may be characterized as

‘‘intimate apparel’’, i.e., garments which

are either worn under other apparel

(undergarments) or, garments which are

not worn outside the home and when

worn in the home would be worn only

in the presence of family or intimate

friends. Therefore, Customs is

modifying these decisions to reflect the

proper classification of the garments in

subheading 6208.91.3010, HTSUSA, if

of cotton or in subheading

6208.92.0030, HTSUSA, if of man-made

fibers. These subheadings provide for,

inter alia, women’s other garments

similar to nightdresses, pajamas,

negligees, bathrobes, and dressing

gowns.

Authority

This notice is published pursuant to

5 U.S.C. 552 (a)(1)(D). Publication of

this notice in the Federal Register

pursuant to the foregoing provision

provides a higher degree of notice than

that required under section 625 of the

Tariff Act of 1930 (19 U.S.C. 1625), as

amended by section 623 of Title VI

(Customs Modernization) of the North

American Free Trade Agreement

Implementation Act (Pub. L. 103–182,

107 Stat. 2057, (hereinafter section 625).

Accordingly, it is Customs position that

publication pursuant to section 625 is

unnecessary. Customs is using Federal

Register publication 1) because all

rulings to which this notice relates may

not have been identified, 2) in order to

ensure a uniform and consistent

position with respect to classification of

this merchandise at an early date, 3) to

assist Customs in its responsibility to

administer informed compliance with

respect to the trade community, and 4)

as an aid to the importing community in

exercising reasonable care with respect

to importations of merchandise subject

to this notice.

George J. Weise,

Commissioner of Customs.

Approved: November 29, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 95–31499 Filed 12–29–95; 8:45 am]

BILLING CODE 4820–02–P

UNITED STATES SENTENCING

COMMISSION

Sentencing Guidelines for United

States Courts

AGENCY: United States Sentencing

Commission.

ACTION: Notice of proposed amendments

to sentencing guidelines, policy

statements, and commentary. Request

for public comment.

SUMMARY: The Commission is

considering promulgating certain

amendments to the sentencing

guidelines, policy statements, and

commentary. This notice sets forth the

proposed amendments and, for each

proposed amendment, a synopsis of the

issues addressed by that amendment.

The Commission seeks comment on the

proposed amendments, alternative

proposed amendments, and any other

aspect of the sentencing guidelines,

policy statements, and commentary. The

Commission may submit amendments

to the Congress not later than May 1,

1996.

DATES: Written public comment should

be received by the Commission not later

than March 6, 1996, in order to be

considered by the Commission in the

promulgation of amendments and in the

possible submission of those

amendments to the Congress by May 1,

1996.

ADDRESSES: Public comment should be

sent to: United States Sentencing

Commission, One Columbus Circle,

N.E., Suite 2–500, Washington, D.C.

20002–8002, Attention: Public

Information.

FOR FURTHER INFORMATION CONTACT:

Michael Courlander, Public Information

Specialist, Telephone: (202) 273–4590.

SUPPLEMENTARY INFORMATION: The

United States Sentencing Commission is

an independent agency in the judicial

branch of the United States

Government. The Commission

promulgates sentencing guidelines and

policy statements for federal sentencing

courts pursuant to 28 U.S.C. 994(a). The

Commission also periodically reviews

and revises previously promulgated

guidelines pursuant to 28 U.S.C. 994(o)

and submits guideline amendments to

the Congress not later than the first day

of May each year pursuant to 28 U.S.C.

994(p).

Ordinarily, the rule-making

requirements of the Administrative

Procedure Act are inapplicable to

judicial agencies; however, 28 U.S.C.

994(x) makes the rule-making

provisions of 5 U.S.C. 553 applicable to

the promulgation of sentencing

guidelines by the Commission.

The proposed amendments are

presented in this notice in one of two

formats. First, some of the amendments

are proposed as specific revisions of a

guideline, policy statement, or

commentary. Second, the Commission

has highlighted certain issues for

comment and invites suggestions for

specific amendment language and, in

the case of penalties for cocaine

offenses, related legislative proposals.

Section 1B1.10 of the United States

Sentencing Commission Guidelines

Manual sets forth the Commission’s

policy statement regarding retroactivity

of amended guideline ranges. The

Commission requests comment as to

whether any of the proposed

amendments should be made retroactive

under this policy statement.

As set forth more fully in its notice

dated September 22, 1995, (see 60 F.R.

49316–17), the Commission currently is

engaged in a comprehensive guideline

assessment and simplification effort.

This project is expected to be a two-year

initiative that may produce amendments

in the 1996–97 amendment cycle for

submission to Congress not later than

May 1, 1997. During this initial year of

the project, the Commission generally

plans to promulgate no guideline

amendments, except as may be

necessary to implement legislation

enacted by Congress. The Commission

believes that a one-year hiatus in the

heretofore annual amendment process is

appropriate at this juncture to allow a

guideline settling period and to permit

more deliberate consideration of broader

guideline concerns.

The matters published for comment in

this notice pertaining to sentencing

policy for cocaine and money

laundering offenses are responsive to

Pub. L. 104–38 (Oct. 30, 1995). The

matters relating to proposed guideline

amendments for food and drug offenses

are a product of a staff working group

that has considered these issues during

the past two years. The Commission

voted at its September 5, 1995, meeting,

prior to its subsequent decision

declaring a one-year hiatus on

Commission amendment initiatives, to