[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25785]
[[Page Unknown]]
[Federal Register: October 18, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-401]
Certain Textile Mill Products from Thailand; Notice of
Concordance
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Conversion of the Scope of the Suspended
Investigation from the Tariff Schedules of the United States Annotated
to the Harmonized Tariff Schedule.
-----------------------------------------------------------------------
SUMMARY: On April 15, 1994, the Department of Commerce (the Department)
published in the Federal Register the proposed conversion of the Tariff
Schedules of the United States Annotated (TSUSA) to the Harmonized
Tariff Schedule (HTS) for the suspended countervailing duty
investigation on certain textile mill products from Thailand (59 FR
18101). Interested parties were invited to comment on the proposed
conversion. Based on our analysis of the comments received, the
Department is modifying the scope of the suspended countervailing duty
investigation on certain textile mill products from Thailand.
EFFECTIVE DATE: October 18, 1994.
FOR FURTHER INFORMATION CONTACT: Linda L. Pasden, Office of Agreements
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Ave., NW,
Washington, DC 20230, telephone (202) 482-0162.
SUPPLEMENTARY INFORMATION:
Background
In 1985, the Department suspended the countervailing duty
investigation on certain textile mill products from Thailand (C-549-
401) (50 FR 9832; March 12, 1985). The scope of the suspended
investigation was originally defined solely in terms of the TSUSA item
numbers; no narrative product description was provided. On January 1,
1989, the United States fully converted from the TSUSA to the HTS,
pursuant to section 1211 of the Omnibus Trade and Competitiveness Act
of 1988. The suspended investigation was terminated in 1990, and the
HTS conversions were never implemented. However, the Court of
International Trade (CIT) ordered that the suspended investigation be
reinstated in its decision dated May 7, 1992 (Belton Industries, Inc.
v. United States, slip op. No. 92-64). The CIT ruling was upheld by the
Court of Appeals for the Federal Circuit on September 7, 1993 (Belton
Industries, Inc. v. United States, 6F.3d 756). As a result, the
suspended investigation was reinstated effective May 18, 1992 (see 58
FR 54552, October 22, 1993 and decision memorandum dated February 25,
1994). Therefore, the Department took action to conform the scope of
the investigation with the tariff classification system of the HTS.
The Department, with the assistance of the U.S. Customs Service and
the U.S. International Trade Commission, analyzed the TSUSA-defined
scope and identified those HTS item numbers that reasonably correspond
with the TSUSA-defined scope of the subject suspended investigation. On
April 15, 1994, the Department published a proposed conversion (59 FR
18108) and invited interested parties to comment on this proposed
conversion. Based on our analysis of the comments received concerning
certain textile mill products from Thailand, the Department is
clarifying the product coverage of certain HTS item numbers. The HTS
item numbers for the suspended countervailing duty investigation are
found in the attached Appendix.
Analysis of Comments Received
Comment 1: The American Yarn Spinners Association and certain
member companies (collectively referred to as AYSA) contend that the
suspended investigation concerning certain textile mill products from
Thailand included within its scope all yarn blends under TSUSA item
numbers 300.6026 and 300.6028. This included all cotton/man-made fiber
yarns that were in chief value of cotton and that, at the same time,
were sometimes in chief weight of cotton (either 50/50 cotton/man-made
fiber, or in chief weight of man-made fiber). Therefore, AYSA contends
that the proper conversion from the original TSUSA item numbers to the
HTS must include HTS item numbers for both chief weight cotton blends
with man-made fiber and chief weight man-made fiber blends with cotton.
AYSA asserts that the following HTS item numbers should be included:
5509.53.00.30, 5509.53.00.60, 5509.62.00.00, 5509.92.00.00, and
5510.30.00.00.
Department's Position: We disagree. TSUSA item numbers 300.6026 and
300.6028 are the parent TSUSA item numbers for HTS item numbers
5206.21, 5206.22, 5206,24, 5206.25, 5206.41, 5206.42, 5206.43, and
5206.44, all of which are covered products. These HTS item numbers
refer to cotton yarn (other than sewing threads) containing less than
85 percent cotton by weight. We traced the parent TSUSA item number for
HTS item numbers 5509.53, 5509.62, 5509.92, and 5510.30, and found that
the parent TSUSA item number is 310.60. This TSUSA item number was not
listed in the original scope of the suspended investigation. Since it
is not our intention to expand the scope of the suspended investigation
but only to cover those products originally intended to be covered, we
do not believe it appropriate to include these HTS item numbers.
Comment 2: The Royal Thai Government (RTG) contends that the TSUSA
item numbers, which limited the scope of this suspended investigation
for cotton yarns, are all defined as ``in chief value, but not wholly,
of cotton.'' The corresponding HTS item numbers are defined as
``containing less than 85 percent by weight of cotton.'' Therefore, it
is possible that merchandise containing less than 85 percent cotton by
weight could be less than chief value of cotton, and thus would fall
outside the scope of the suspended investigation as defined by the
TSUSA item numbers. In addition, the RTG claims that the HTS item
numbers for cotton fabrics are all defined as ``containing 85 percent
or more by weight of cotton.'' The corresponding TSUSA item numbers,
which defined the scope of the suspended investigation, are all defined
as ``wholly of cotton.'' Therefore, some portion of the merchandise
containing more than 85 percent cotton by weight could nonetheless be
less than wholly cotton, and thus would fall outside the scope of the
suspended investigation as defined by TSUSA item numbers. The RTG
requests that the Department limit the scope of this suspended
investigation by limiting the HTS item numbers so that they do not
exceed the original scope.
Department's Position: We agree and have included two footnotes in
the attached Appendix, one for cotton yarns which states ``not
including merchandise with less than chief value of cotton'' and one
footnote for cotton fabrics which states ``not including merchandise
less than wholly cotton.''
Comment 3: The RTG contends that HTS item numbers 5402.3160 and
5402.3260, which are multiple, folded, or cabled textured nylon yarns,
are not products covered by the original suspended investigation.
Therefore, these HTS item numbers should not be included.
Department's Position: We agree that these HTS item numbers are not
covered products. The parent TSUSA item number 310.1109 printed in the
suspended investigation was a typographical error (refer to letter
dated May 20, 1991, from the Director, Office of Agreements Compliance,
to the American Yarn Spinners Association, Inc.).
Comment 4: The RTG argues that TSUSA item number 366.4200 was not
included in the original suspended investigation. Therefore, the
corresponding HTS item numbers 6302.5110 should be removed from the
concordance.
Department's Position: We agree and have removed the HTS item
number from the Appendix.
Dated: October 5, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
Appendix: HTS List for Certain Textile Mill Products From Thailand
----------------------------------------------------------------------------------------------------------------
5204.1100............................... 5208.1260 5210.1180.20 5511.1000 5514.1100.30
5204.1900............................... 5208.1260.20 5210.1180.90 5511.1000.30 5514.1100.50
5204.2000............................... 5208.1260.40 5211.1100 5511.1000.60 5514.1100.90
5206.2100\1\............................ 5208.1260.60 5211.1100.20 5511.2000 5601.1010
5206.2200............................... 5208.1260.90 5211.1100.30 5511.3000 5601.2100
5206.2300............................... 5208.1280 5211.1100.50 5513.1100 5601.2100.10
5206.2400............................... 5208.1280.20 5211.1100.90 5513.1100.20 5601.2100.90
5206.2500............................... 5208.1280.90 5401.1000 5513.1100.40 5701.9020
5206.4100............................... 5209.1100 5401.2000 5513.1100.60 5701.9020.10
5206.4200............................... 5209.1100.20 5402.3130 5513.1100.90 5701.9020.20
5206.4300............................... 5209.1100.30 5402.3230 5513.1900 5701.9020.30
5206.4400............................... 5209.1100.50 5402.3360 5513.1900.10 5701.9020.90
5206.4500............................... 5209.1100.90 5406.1000 5513.1900.20 5703.1000
5207.1000............................... 5209.1200 5406.1000.20 5513.1900.30 5703.2010
5207.9000............................... 5209.1200.20 5406.1000.40 5513.1900.40 6302.4020
5208.1120\2\............................ 5209.1200.40 5406.1000.90 5513.1900.50 6302.4020.10
5208.1120.20............................ 5209.1900 5406.2000 5513.1900.60 6302.4020.20
5208.1120.40............................ 5209.1900.20 5508.1000 5513.1900.90 6302.5120
5208.1120.90............................ 5209.1900.40 5508.2000 5513.2100 6302.5130
5208.1140............................... 5209.1900.60 5509.2100 5513.2100.20 6302.5140
5208.1140.20............................ 5209.1900.90 5509.2200 5513.2100.40 6307.1020
5208.1140.40............................ 5210.1140 5509.2200.10 5513.2100.60 6307.1020.05
5208.1140.60............................ 5210.1140.20 5509.2200.90 5513.2100.90 6307.1020.15
5208.1140.90............................ 5210.1140.40 5509.3200 5513.2300 6307.1020.20
5208.1180............................... 5210.1140.90 5509.5130 5513.2300.20 6307.1020.27
5208.1180.20............................ 5210.1160 5509.5160 5513.2300.40 6307.1020.28
5208.1180.90............................ 5210.1160.20 5509.6940 5513.2300.90 6307.1020.30
5208.1240............................... 5210.1160.40 5510.1200 5513.3100 ................
5208.1240.20............................ 5210.1160.60 5510.9040 5514.1100 ................
5208.1240.40............................ 5210.1160.90 ................ 5514.1100.20 ................
5208.1240.90............................ 5210.1180 ................ ................ ................
----------------------------------------------------------------------------------------------------------------
\1\For cotton yarns (HTS item numbers 5206, 5210, and 5211) we are limiting the scope coverage for these HTS
item numbers by ``not including merchandise with less than chief value of cotton.''
\2\For cotton fabrics (HTS item numbers 5208 and 5209) we are limiting the scope coverage for these HTS item
numbers by ``not including merchandise less than wholly cotton.''
[FR Doc. 94-25785 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-DS-P
