Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57293 

management organizations; and the 

public; and; 

(f) Providing appropriate access to 

Federal lands for recreational shooting 

and hunting; 

(g) Providing recommendation to 

improve implementation of Federal 

conservation programs that benefit 

wildlife, hunting and outdoor recreation 

on private lands; and 

(h) When requested by the agencies’ 

designated ex officio members or the 

DFO in consultation with the Council 

Chairman, performing a variety of 

assessments or reviews of policies, 

programs, and efforts through the 

Council’s designated subcommittees or 

workgroups. 

Background information on the 

Council is available at http:// 

www.fws.gov/whhcc. 

Meeting Agenda 

The Council will convene to consider: 

(1) The Recreational Hunting and 

Wildlife Resource Conservation Plan—A 

Ten-Year Plan for Implementation; (2) 

America’s Great Outdoors initiative; (3) 

programs of the Department of the 

Interior and Department of Agriculture, 

and its bureaus, that enhance hunting 

opportunities and support wildlife 

conservation; (4) Information on issues 

for the Council to include in its 2010– 

2012 work plan; and (5) other Council 

business. The final agenda will be 

posted on the Internet at http:// 

www.fws.gov/whhcc. 

Public Input 

Interested members of the public may 

present, either orally or through written 

comments, information for the Council 

to consider during the public meeting. 

Questions from the public will not be 

considered during this period. Speakers 

who wish to expand upon their oral 

statements, or those who had wished to 

speak but could not be accommodated 

on the agenda, are encouraged to submit 

these comments in written form to the 

Council after the meeting. 

Individuals or groups requesting an 

oral presentation at the public Council 

meeting will be limited to 2 minutes per 

speaker, with no more than a total of 30 

minutes for all speakers. Interested 

parties should contact Joshua Winchell, 

Council Coordinator, in writing 

(preferably via e-mail), by September 24 

(See FOR FURTHER INFORMATION

CONTACT), to be placed on the public 

speaker list for this meeting. Written 

statements must be received by 

September 27, so that the information 

may be made available to the Council 

for their consideration prior to this 

meeting. Written statements must be 

supplied to the Council Coordinator in 

both of the following formats: One hard 

copy with original signature, and one 

electronic copy via e-mail (acceptable 

file format: Adobe Acrobat PDF, 

Microsoft Word, Microsoft PowerPoint, 

or RTF (Rich Text File) in IBM–PC/ 

Windows 2007 format). 

In order to attend this meeting, you 

must register by close of business 

September 27. Because entry to Federal 

buildings is restricted, all visitors are 

required to pre-register to be admitted. 

Please submit your name, time of 

arrival, e-mail address, and phone 

number to Joshua Winchell via e-mail at 

joshua_winchell@fws.gov, or by phone 

at (703) 358–2639. 

Summary minutes of the conference 

will be maintained by the Council 

Coordinator at 4401 N. Fairfax Drive, 

MS–3103–AEA, Arlington, VA 22203, 

and will be available for public 

inspection during regular business 

hours within 30 days following the 

meeting. Personal copies may be 

purchased for the cost of duplication. 

Dated: September 14, 2010. 

Paul R. Schmidt, 

Acting Director. 

[FR Doc. 2010–23393 Filed 9–17–10; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 1205–9] 

Certain Festive Articles: 

Recommendations for Modifying the 

Harmonized Tariff Schedule of the 

United States 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of institution of 

investigation and opportunity to present 

written views on proposed 

recommendations. 

SUMMARY: Following receipt of a letter 

from U.S. Customs and Border 

Protection (CBP), the Commission 

instituted investigation No. 1205–9, 

Certain Festive Articles: 

Recommendations for Modifying the 

Harmonized Tariff Schedule of the 

United States, pursuant to section 1205 

of the Omnibus Trade and 

Competitiveness Act of 1988 (19 U.S.C. 

3005), for the purpose of making 

recommendations to the President 

regarding the addition of a U.S. note and 

the amendment or replacement of 

certain classification provisions in 

subchapter XVII of chapter 98 of the 

Harmonized Tariff Schedule of the 

United States (HTS) relating to certain 

utilitarian articles that incorporate a 

festive design, decoration, emblem, or 

motif. 

DATES: October 22, 2010: Deadline for 

filing written views relating to the 

Commission’s proposed 

recommendations. 

November 29, 2010: Transmittal of the 

Commission’s recommendations to the 

President. 

ADDRESSES: All Commission offices are 

located in the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All written 

submissions should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this collection of proposals 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

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

FOR FURTHER INFORMATION CONTACT: Fred 

Schottman, Nomenclature Analyst (202– 

205–2077, fred.schottman@usitc.gov), or 

Janis L. Summers, Attorney Advisor 

(202–205–2605, 

janis.summers@usitc.gov), of the Office 

of Tariff Affairs and Trade Agreements 

(fax 202–205–2616). The media should 

contact Margaret O’Laughlin, Office of 

External Affairs (202–205–1819), 

margaret.olaughlin@usitc.gov). Hearing 

impaired individuals may obtain 

information on this matter by contacting 

the Commission’s TDD terminal at 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet Web 

site (http://www.usitc.gov). 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. 

Background: Section 1205(a) of the 

Omnibus Trade and Competitiveness 

Act of 1988 (the 1988 Act) (19 U.S.C. 

3005(a)) provides that the Commission 

shall keep the HTS under continuous 

review and periodically recommend to 

the President such modifications in the 

HTS as the Commission considers 

necessary or appropriate to accomplish 

five general objectives. Among these 

stated objectives, section 1205(a)(2) of 

the 1988 Act directs the Commission to 

consider changes to the HTS to promote 

the uniform application of the 

Harmonized System Convention and 

particularly the Protocol thereto, which 

contains the Harmonized System 

nomenclature structure and 

accompanying legal notes. Subsections 

(b) through (d) of section 1205 describe 

the procedures the Commission is to 

follow in formulating recommendations, 

including with respect to soliciting and 

considering views of interested Federal 


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57294 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

agencies and the public. Section 

1205(b)(1) requires that the Commission 

give notice of proposed 

recommendations and afford reasonable 

opportunity for interested parties to 

present their views in writing. 

In a letter dated July 1, 2010, from 

Myles B. Harmon, Director, Commercial 

and Trade Facilitation Division, CBP 

asked that the Commission conduct an 

investigation under section 1205 for the 

purpose of making recommendations to 

the President regarding the addition of 

a U.S. note and the amendment or 

replacement of certain classification 

provisions in chapter 98 of the HTS 

relating to certain utilitarian articles that 

incorporate a festive design, decoration, 

emblem, or motif. The letter included 

CBP’s proposed language for a U.S. note 

and proposed changes in two U.S. tariff 

rate lines at the 8-digit level that take 

into account (a) Federal court decisions 

on the classification of particular 

utilitarian articles, and (b) the 

amendment of note 1 to chapter 95 of 

the international Harmonized System by 

the World Customs Organization 

(WCO). 

CBP’s letter requested that the 

following U.S. note 9 be inserted in 

subchapter XVII of chapter 98: 

9. Heading 9817.95.02 applies only to 

tableware, kitchenware (except baking pans, 

cookie cutters, cookie stamps and presses) 

and toilet articles of chapter 39, 69 or 70; 

carpets and other textile floor coverings of 

chapter 57; apparel and accessories of 

chapter 61 or 62; and made-up textile articles 

of chapter 63. 

The letter further requested that existing 

HTS subheadings 9817.95.01 and 9817.95.05 

and superior text thereto be replaced by: 

9817.95.01 ........ Utilitarian articles (including but not limited to Seder plates, blessing cups, menorahs or 

kinaras) of a kind used in the home in the performance of specific religious or cultural ritual celebrations for religious or cultural holidays, or religious festive occasions (provided 

for in subheading 3924.10, 3926.90, 6307.90, 6911.10, 6912.00, 7013.22, 7013.28, 

7013.41, 7013.49, 9405.20, 9405.40 or 9405.50).

Free .............. 25%. 

9817.95.02 ........ Utilitarian articles, each incorporating a symbol and/or motif that is closely associated with a 

festive occasion (for example, Christmas, Easter, Halloween or Thanksgiving), the foregoing articles used or displayed principally during that festive occasion and not typically at 

any other time, under the terms of U.S. note 9 to this subchapter.

Free .............. 25%. 

CBP’s letter provided additional 

background on the tariff classification of 

utilitarian articles that incorporate a 

festive design, decoration, emblem, or 

motif. The letter summarized relevant 

court decisions and decisions of CBP 

that are the basis of CBP’s request. A 

copy of CBP’s letter is being posted on 

the Commission’s Web site at http:// 

www.usitc.gov/tariff_affairs/ 

modifications_hts.htm. 

The Commission believes that a 

modification of CBP’s description for 

heading 9817.95.02 should be 

considered in order to clarify the 

intended scope of the heading and 

conform to normal HTS language. The 

Commission proposes that a phrase 

included in the request letter’s 

description for that heading as ‘‘a festive 

occasion (for example, Christmas, 

Easter, Halloween, or Thanksgiving)’’ be 

replaced by ‘‘Christmas, Easter, 

Halloween, Thanksgiving or similar 

festive occasion’’. 

The Harmonized System 

nomenclature, which is maintained by 

the WCO, provides a uniform structural 

basis for the customs tariffs and 

statistical nomenclatures of all major 

trading countries of the world, 

including the United States. The 

Harmonized System comprises the 

broadest principles of classification and 

levels of categories in the HTS, 

comprising the general rules of 

interpretation, section and chapter 

titles, section and chapter legal notes, 

and heading and subheading texts to the 

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

notes, further subdivisions (8-digit 

subheadings and 10-digit statistical 

annotations) and statistical notes, as 

well as the entirety of chapters 98 and 

99 and several appendixes, are national 

legal and statistical detail added for the 

administration of the U.S. tariff and 

statistical programs and are not part of 

the international HS. 

An up-to-date copy of the HTS, which 

incorporates the international HS in its 

overall structure, can be found on the 

Commission’s Web site (http:// 

www.usitc.gov/tata/hts/bychapter/ 

index.htm). Hard copies and electronic 

copies on CD 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 at this 

telephone number: 866–512–1800. 

The Commission will prepare 

recommendations for the President in 

the form of a single report. In preparing 

these recommendations, the 

Commission will take into account 

CBP’s request, as well as all other 

appropriate legal and technical 

considerations relating to HTS chapters 

39, 57, 61, 62, 63, 69, 70, 94, and 95. 

The Commission will consider and 

include, where appropriate, the input 

submitted by other agencies and 

interested parties. Submissions from 

other agencies and the public must be 

filed by October 22, 2010, in order to be 

assured of consideration in the 

Commission’s report and 

recommendations to the President. 

Written submissions should be filed 

in accordance with the procedures 

below. Such submissions should take 

into account the classification of the 

merchandise concerned under the 

international Harmonized System as 

well as domestic judicial decisions and 

seek to further the goals set out by 

section 1205 of the 1988 Act and the 

Harmonized System Convention. No 

proposals for changes to existing U.S. 

rates of duty or to 10-digit statistical 

annotations or notes will be considered 

by the Commission during its review. 

However, the Commission will examine 

information concerning the rates of duty 

currently utilized by importers in 

liquidated and undisputed entries of 

specific festive articles that are the 

subject of this investigation. The 

changes in the HTS that may result from 

this investigation are not intended to 

alter current tariff rates. The changes 

instead are intended to ensure that 

existing tariff treatment continues to be 

applicable following the 

implementation of new U.S. tariff 

provisions, taking into account HTS 

changes that were proclaimed as of 

February 3, 2007, and related judicial 

decisions and CBP classification rulings. 

Proposed Recommendations: Section 

1205(b)(1) of the 1988 Act requires that 

the Commission give notice of proposed 

recommendations and afford reasonable 

opportunity for interested parties to 

present their views in writing. 

The Commission hereby gives notice 

that its proposed recommendations in 

this investigation for purposes of section 

1205(b)(1) of the 1988 Act are as 

follows: 

(1) Adopt CBP’s proposed language 

for U.S. note 9, to be inserted in 


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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57295 

subchapter XVII of chapter 98 of the 

HTS; and 

(2) Adopt CBP’s proposed language 

for HTS subheadings 9817.95.01 and 

9817.95.02 and the deletion of 

subheading 9817.95.05 with the 

exception of the one change noted above 

regarding the parenthetical expression 

shown in HTS subheading 9817.95.02, 

as requested, relating to festive 

occasions. Thus, HTS subheading 

9817.95.02 would read as follows: 

9817.95.02 ........ Utilitarian articles, each incorporating a symbol and/or motif that is closely associated with 

Christmas, Easter, Halloween, Thanksgiving or similar festive occasion, the foregoing articles used or displayed principally during that festive occasion and not typically at any 

other time, under the terms of U.S. note 9 to this subchapter.

Free .............. 25%. 

Written Submissions: Interested 

parties and agencies are invited to file 

written submissions relating to the 

Commission’s proposed 

recommendations. All written 

submissions should be addressed to the 

Secretary. Written submissions relating 

to CBP’s request should be received no 

later than October 22, 2010. 

Submissions should refer to 

‘‘Investigation No. 1205–9’’ in a 

prominent place on the cover page and/ 

or the first page. 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 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at 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 

authorize filing submissions with the 

Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

for Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/ 

fed_reg_notices/rules/documents/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information must 

also 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 

confidential business information, will 

be made available for inspection by 

interested parties. Confidential business 

information received in the submissions 

may be made available to CBP during 

the examination of the requested HTS 

modifications. The Commission will not 

otherwise publish or release any 

confidential business information 

received, nor release it to other 

government agencies or other persons. 

By order of the Commission. 

Issued: September 13, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–23396 Filed 9–17–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

United States Parole Commission 

Record of Vote of Meeting Closure 

(Pub. L. 94–409) (5 U.S.C. Sec. 552b) 

I, Isaac Fulwood, of the United States 

Parole Commission, was present at a 

meeting of said Commission, which 

started at approximately 11:30 a.m., on 

Thursday, September 9, 2010, at the 

U.S. Parole Commission, 5550 

Friendship Boulevard, 4th Floor, Chevy 

Chase, Maryland 20815. The purpose of 

the meeting was to approve or 

disapprove the appointment of a hearing 

examiner. Four Commissioners were 

present, constituting a quorum when the 

vote to close the meeting was submitted. 

Public announcement further 

describing the subject matter of the 

meeting and certifications of General 

Counsel that this meeting may be closed 

by vote of the Commissioners present 

were submitted to the Commissioners 

prior to the conduct of any other 

business. Upon motion duly made, 

seconded, and carried, the following 

Commissioners voted that the meeting 

be closed: Isaac Fulwood, Cranston J. 

Mitchell and Patricia K. Cushwa. 

In witness whereof, I make this official 

record of the vote taken to close this 

meeting and authorize this record to be 

made available to the public. 

Dated: September 10, 2010. 

Isaac Fulwood, 

Chairman, U.S. Parole Commission. 

[FR Doc. 2010–23295 Filed 9–17–10; 8:45 am] 

BILLING CODE 4410–01–M 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Affirmative Decisions on Petitions for 

Modification Granted in Whole or in 

Part 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This Federal Register 

Notice (FR Notice) notifies the public 

that it has investigated and issued a 

final decision on certain mine operator 

petitions to modify a safety standard. 

ADDRESSES: Copies of the final decisions 

are posted on MSHA’s Web Site at 

http://www.msha.gov/indexes/ 

petition.htm. The public may inspect 

the petitions and final decisions during 

normal business hours in MSHA’s 

Office of Standards, Regulations and 

Variances, 1100 Wilson Boulevard, 

Room 2349, Arlington, Virginia 22209. 

All visitors must first stop at the 

receptionist desk on the 21st Floor to 

sign-in. 

FOR FURTHER INFORMATION CONTACT: 

Roslyn B. Fontaine, Acting Deputy 

Director, Office of Standards, 

Regulations and Variances at 202–693– 

9475 (Voice), fontaine.roslyn@dol.gov 

(E-mail), or 202–693–9441 (Telefax), or 

Barbara Barron at 202–693–9447 

(Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Under section 101 of the Federal Mine 

Safety and Health Act of 1977, a mine 

operator may petition and the Secretary 

of Labor (Secretary) may modify the 

application of a mandatory safety 

standard to that mine if the Secretary 

determines that: (1) An alternative 

method exists that will guarantee no 

less protection for the miners affected 

than that provided by the standard; or 

(2) that the application of the standard 


jdjones on DSK8KYBLC1PROD with NOTICES