[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21068-21070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10651]
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DEPARTMENT OF COMMERCE
[C-333-402]
Certain Apparel from Peru; Notice of Scope Amendment
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment to the existing conversion of the scope of
the order from the Tariff Schedules of the United States annotated to
the harmonized tariff schedule.
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SUMMARY: On January 1, 1989, the United States fully converted to the
international harmonized system of tariff classification. On January
11, 1989, the Department of Commerce (the Department) published the
Conversion to Use of the Harmonized Tariff Schedule of Classifications
for Antidumping and Countervailing Duty Proceedings (54 FR 993; January
11, 1989) (1989 Conversion) for all antidumping and countervailing duty
[[Page 21069]] orders in effect or investigations in progress as of
January 1, 1989. On October 5, 1994, the Department published a
proposed amendment to the conversion (59 FR 50727). Interested parties
were invited to comment on this proposed amended conversion. The
Department also requested the U.S. Customs Department to comment on the
proposed amendment to the conversion. Based on our analysis of the
comments received, the Department is now publishing an amended
conversion of the scope of the countervailing duty order on certain
apparel from Peru.
EFFECTIVE DATE: May 1, 1995.
FOR FURTHER INFORMATION CONTACT: Martina Tkadlec or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, telephone
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
In 1985, the Department issued a countervailing duty order on
Certain Apparel from Peru (C-333-402) (50 FR 9871; March 12, 1985). The
scope of this order was originally defined solely in terms of the
Tariff Schedules of the United States Annotated (TSUSA) item numbers;
no narrative product description was provided. On January 1, 1989, the
United States fully converted from the TSUSA to the Harmonized Tariff
Schedule (HTS). Section 1211 of the Omnibus Trade and Competitiveness
Act of 1988 directed the Department to ``take whatever actions are
necessary to conform, to the fullest extent practicable, with the
tariff classification system of the Harmonized Tariff Schedule (for)
all * * * orders * * *'' in effect at the time of the implementation of
the HTS.
Accordingly, on January 11, 1989, after reviewing comments received
from the public, the Department published the 1989 Conversion for all
antidumping and countervailing duty orders in effect or investigations
in progress as of January 1, 1989 (54 FR 993). That notice also
included the conversion of the scope of the countervailing duty order
on certain apparel from Peru from TSUSA to HTS item numbers. The 1989
Conversion was based on a one-to-one correspondence of the TSUSA and
HTS item numbers. In the notice, the Department stated that it would
review the HTS classifications at any time during a proceeding upon
receipt of new information or additional comments.
Subsequently, as a result of comments submitted to the Department
by the importing public and advice received from the U.S. Customs
Service, the Department determined (1) that the 1989 Conversion did not
accurately reflect the scope of the countervailing duty order on
certain apparel from Peru and, therefore, (2) that the 1989 Conversion
should be amended. On October 5, 1994, the Department published a
proposed amendment to the 1989 Conversion and invited interested
parties to comment (59 FR 50727). The Department also requested
comments on the proposed conversion from the U.S. Customs Service.
Based on our analysis of the comments received, the Department has
amended the 1989 Conversion governing the countervailing duty order on
certain apparel from Peru. The HTS numbers included in this order are
listed in the attached Appendix.
Analysis of Comments Received
The Department received no timely comments from interested parties.
We are making the following changes to the HTS-defined scope, as
published on October 5, 1994 (59 FR 50727), based on comments from the
U.S. Customs Service and advice from the U.S. International Trade
Commission:
1. Since the original TSUSA-defined scope of this countervailing
duty order did not include hand-knit alpaca apparel, we are inserting
the following footnote applicable to the whole HTS-defined scope in the
attached Appendix: ``The order covers all products identified, other
than hand-knit alpaca garments.''
2. To better reflect the original TSUSA-defined scope of this
countervailing duty order, cotton bags should be excluded from the HTS
subheading 4202.2280. Consequently, we are inserting the expression
``Coverage excludes handbags with outer surface of cotton'' for this
subheading.
3. To better reflect the original TSUSA-defined scope of this
countervailing duty order, we are adding the footnote ``Coverage
excludes garments having embroidery or permanently affixed applique
work on the outer surface'' to the following HTS subheadings:
6104.5100, 6104.5310, 6104.5910, 6104.6100, 6104.6315, 6104.6920,
6204.3120, 6204.3340, 6204.3920, 6204.4120, 6204.4330, 6204.4430,
6204.5100, 6204.5320, 6204.5920, 6204.6240, 6204.6325, 6204.6920.
4. An HTS subheading change, made effective on January 1, 1995,
necessitates that we replace subheading 6204.6100 with 6204.6190. We
are also adding the footnote ``Coverage excludes garments having
embroidery or permanently affixed applique work on the outer surface''
to this HTS subheading.
5. We are inserting HTS subheadings 6104.6210, 6201.1330, and
6202.1330 so that the HTS-defined scope reflects more accurately the
original TSUSA-defined scope of this countervailing duty order.
6. We are also inserting HTS subheadings 6106.2010 and 6106.9010
with the footnote ``Coverage excludes garments having embroidery or
permanently affixed applique work on the outer surface'' so that the
HTS-defined scope reflects more accurately the original TSUSA-defined
scope of this countervailing duty order.
Instructions to Customs
The Department will instruct the U.S. Customs Service to liquidate
without regard to countervailing duties all unliquidated entries of
certain apparel from Peru not covered by the attached Appendix that
were exported from Peru on or after May 18, 1992. The Department will
also instruct the U.S. Customs Service to liquidate at the appropriate
countervailing duty rate all unliquidated entries of the subject
merchandise covered in the attached Appendix that were exported on or
after May 18, 1992, and on or before December 31, 1994.
In addition, we are instructing the Customs Service to terminate
the suspension of liquidation for all entries of certain apparel from
Peru not covered in the attached Appendix, that are entered or
withdrawn from the warehouse on or after the date of publication of
this notice. The Department will also instruct the U.S. Customs Service
to continue to suspend liquidation and collect the appropriate cash
deposit of estimated countervailing duties for the subject merchandise
listed in the attached Appendix, entered or withdrawn from the
warehouse, on or after the date of publication of this notice.
Dated: April 18, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
Appendix: Amended HTS List for Certain Apparel From Peru (C-333-
402)s>
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4202.1240 6109.1000
4202.2270 6110.1010
4202.2280
6110.1020
4202.9215 6110.2020
4202.9260 6110.3015
6102.1000 6116.9100
[[Page 21070]]
6102.3010 6116.9364
6103.1100 6116.9374
6103.1210 6117.1010
6103.1910 6117.1020
6103.2100* 6201.1100
6103.2200* 6201.1330
6103.2300* 6201.9120
6103.2910* 6201.9325
6103.4110 6202.1100
6103.4210 6202.1330
6103.4310 6202.9120
6103.4910 6202.9220
6104.1100 6202.9340
6104.1310 6204.2100*
6104.1910 6204.2230*
6104.2100* 6204.2300*
6104.2300* 6204.2920*
6104.2910* 6204.3120
6104.3100 6204.3340
6104.3310 6204.3920
6104.3910 6204.4120
6104.4100 6204.4230
6104.4310 6204.4330
6104.4410 6204.4430
6104.5100 6204.5100
6104.5310 6204.5320
6104.5910 6204.5920
6104.6100 6204.6190
6104.6210 6204.6240
6104.6315 6204.6325
6104.6920 6204.6920
6105.1000 6205.2020{time}
6106.1000 6214.2000
6106.2010 6505.9030
6106.9010 6505.9040
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s> The order covers all products identified, other than hand-
knit alpaca garments.
Coverage excludes handbags with outer surface of cotton.
* Coverage limited to garments that would be subject to this order if
separately entered.
Coverage limited to garments having embroidery or permanently
affixed applique work on the outer surface.
Coverage limited to garments of artificial fibers,
containing 23 percent or more by weight of wool or fine animal hair.
Coverage excludes garments having embroidery or permanently
affixed applique work on the outer surface.
Coverage excludes dresses of pile fabric and other dresses of
fabric having yarns of different colors.
Coverage excludes girls' garments, women's shorts, women's
trousers and breeches of pile fabric and other women's trousers and
breeches of blue denim.
{time} Coverage excludes shirts of pile fabric and other shirts of
fabric having yarns of different colors.
[FR Doc. 95-10651 Filed 4-28-95; 8:45 am]
BILLING CODE 3510-DS-P
