Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Notices 10743

Bureau Form Number: None.

Frequency of Collection: On occasion,

quarterly and annually.

Description of Respondents:

Underground coal mining operators.

Total Annual Responses: 20,745.

Total Annual Burden Hours: 95,443.

Dated: February 9, 2001.

Richard G. Bryson,

Chief, Division of Regulatory Support.

[FR Doc. 01–3945 Filed 2–15–01; 8:45 am]

BILLING CODE 4310–05–M

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 1205–5]

Proposed Modifications to the

Harmonized Tariff Schedule of the

United States

AGENCY: United States International

Trade Commission.

ACTION: Additional proposed

amendments.

SUMMARY: On November 18, 1999, the

Commission instituted investigation No.

1205–5, Proposed Modifications to the

Harmonized Tariff Schedule of 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 (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.

EFFECTIVE DATE: February 9, 2001.

FOR FURTHER INFORMATION CONTACT:

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

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

notices will be issued in this

investigation indicating the final

resolution of all matters and decisions

taken by the HSC during the course of

Commission consideration.

Other proposed changes included in

this investigation are 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 US 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 has prepared nonauthoritative 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 will eventually

issue a cross-reference table under

Article 16 of the Harmonized System

Convention, indicating the agreed

international classifications (existing

and future) of the goods affected by the

proposed changes. The latter table may

be released later in the Commission’s

investigation, and differences between

international and domestic

classification of a few goods may be

suggested (in some cases due to

reservations filed by WCO member

countries or to theoretical or asserted

classifications for some goods). Thus,

the classifications shown in the

Commission’s cross-reference tables

may be subject to change in the final

report.

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 Federal

Register of December 29, 2001 (65 FR

83032), the following changes are also

proposed, in order to correct an error

made during the conversion of the

former Tariff Schedules of the United

States (TSUS) to the format of the

Harmonized System. These new

proposed changes are set out below.

(1) Subheading 4015.11.00: Delete the

expression ‘‘and medical’’ from the

Article Description. Renumber the

subheading as 4015.11.01 to reflect a

change in its scope.

(2) Subheadings 4015.19.10 and

4015.19.50: Delete and substitute the

following:

[Articles of apparel and clothing. . .]

[Gloves]:

[Other]:.

‘‘4015.19.05 Medical .......................................................... Free ................................................................................... 25%

Other:.

4015.19.10 Seamless .................................................... 3% Free (A,CA,E,IL,J,MX) 25%

4015.19.50 Other .......................................................... 14% Free (A+,CA,D,E,IL,J,MX)’’ 75%

10744 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Notices

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

§ 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 March 2, 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 site (http://www.usitc.gov).

List of Subjects

Tariffs/HTS, Harmonized system,

WCO, and Imports.

Issued: February 13, 2001.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 01–4015 Filed 2–15–01; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–434]

In the matter of Certain Magnetic

Resonance Injection Systems and

Components Thereof; Notice of a

Decision Not To Review an Initial

Determination Granting a Motion for

Summary Determination of Invalidity;

Termination of the Investigation With a

Finding of No Violation; Denial as Moot

of Complainant’s Motion To Suspend

Investigation and Related Motions

Filed by Respondents

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 an initial determination (ID)

(Order No. 16) issued by the presiding

administrative law judge (ALJ) in the

above-captioned investigation finding

the only patent at issue in the

investigation to be invalid. The

determination not to review the

summary determination ID results in

termination of the investigation with a

finding of no violation of section 337.

Complainant’s motion to suspend the

investigation and related motions by

respondents are denied as moot.

FOR FURTHER INFORMATION CONTACT: Jean

Jackson, Esq., Office of the General

Counsel, U.S. International Trade

Commission, 500 E Street, SW.,

Washington, DC 20436, telephone (202)

205–3104. Hearing-impaired persons are

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. General information

concerning the Commission may also be

obtained by accessing its Internet server

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

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on May 26, 2000, based on a complaint

filed by Medrad, Inc. of Indianola,

Pennsylvania. The complaint alleged a

violation of section 337 of the Tariff Act

of 1930, 337 U.S.C. 1337, based on

infringement of U.S. Letters Patent Re.

36,648, (the ‘648 patent) owned by

complainant. The respondents named in

the investigation are Nemoto Kyorindo

Co., Ltd. of Tokyo, Japan; LiebelFlarshiem Co. of Cincinnati, Ohio; and

Mallinckrodt Inc. (New York Corp) and

Mallinckrodt Inc. (Delaware Corp), both

of Hazelwood, Missouri. 65 FR 34231.

On September 26, 2000, the ALJ

issued an ID finding the ‘648 patent

invalid due to certain omissions that

occurred during patent reissue

proceedings at the U.S. Patent and

Trademark Office. The ALJ suspended

the investigation during the pendency of

the ID before the Commission. Petitions

for review of the ID were filed on

October 6, 2000, by complainant and by

the Commission investigative attorney.

Responses were filed on October 19,

2000. On October 16, 2000, the

Commission determined to extend the

date for determining whether to review

the ID until December 6, 2000. 65 FR

63096 (October 20, 2000). On November

17, 2000, complainant Medrad filed a

motion to suspend the investigation

pending the outcome of a petition for

reissue of the ‘648 patent that it had

filed on November 16, 2000, with the

U.S. Patent and Trademark Office.

Respondents opposed the motion and

the IA supported it. Respondents filed a

motion to file a reply to the IA’s

response on December 4, 2000.

On November 27, 2000, the

Commission extended the date for

determining whether to review the

summary determination ID until 30 days

after it decides the motion to suspend

the investigation. 65 FR 75303

(December 1, 2000). On January 16,

2001, respondent Nemoto filed a motion

to compel the Commission to remand

complainant’s motion for suspension of

the investigation to the presiding ALJ

for determination. On January 18, 2000,

the remaining respondents joined

Nemoto’s motion.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, and section

210. 42(h)(3) of the Commission of

Practice and Procedure, 19 CFR

210.42(h)(3).

Copies of the nonconfidential version

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. Copies of

these documents may also be

downloaded from the Commission’s

Internet server at http://www.usitc.gov.

Hearing impaired persons are advised

that information on this matter can be

obtained by contacting the Commission

TDD terminal on 202–205–1810.

By order of the Commission.

Issued: February 12, 2001.

Donna R. Koehnke,

Secretary.

[FR Doc. 01–3892 Filed 2–15–01; 8:45 am]

BILLING CODE 7020–02–P