[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21072-21073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10652]
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DEPARTMENT OF COMMERCE
[C-333-402]
Certain Textile Mill Products 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 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 50726). 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
textile mill products 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 Textile Mill Products 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 textile mill products 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 textile mill products 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 50726). 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 textile mill products from Peru. The HTS numbers included in
this order are listed in the attached Appendix.
Analysis of Comments Received
Comments from the Government of Peru: The Government of Peru (GOP)
contends that the HTS subheadings 5208.1260, 5208.1920, and 5208.2240
cover products that should properly be classified under the
countervailing duty order on cotton sheeting and sateen (C-333-001).
The GOP therefore suggests that these products should be excluded by
including these HTS subheadings in the scope, but at the 10-digit
level.
Department's Position: We disagree.
(1) Based on average yarn number, the sheeting under the HTS
subheading 5208.1260 is not within the scope of the countervailing duty
order on cotton sheeting and sateen from Peru. Therefore, the products
under this subheading should be covered by the countervailing duty
order on certain textile mill products from Peru.
(2) The HTS subheading 5208.1920 is listed in the scope of both the
countervailing duty order on certain textile mill products from Peru
and the countervailing order on cotton sheeting and sateen from Peru,
but the coverage is clearly defined under both orders through
footnotes. Under the countervailing duty order on certain textile mill
products from Peru, the HTS subheading 5208.1920 applies to ``fabric,
not wholly of satin weave,'' while under the countervailing order on
cotton sheeting and sateen from Peru, the HTS subheading 5208.1920
applies to ``fabric, wholly of satin weave.'' Consequently, there is no
overlap between the two countervailing duty orders.
(3) The HTS subheading 5208.2240 is for bleached goods only,
including bleached sheeting. However, the countervailing order on
cotton sheeting and sateen from Peru does not cover bleached sheeting.
Therefore, goods under this HTS subheading should be covered under the
countervailing duty order on certain textile mill products from Peru.
Other Comments: Based on comments from the U.S. Customs Service and
advice from the U.S. International Trade Commission, we are making the
following changes to the HTS-defined scope, as published on October 5,
1994 (59 FR 50726), so that it better reflects the original TSUSA-
defined scope of this countervailing duty order:
1. We are inserting the following HTS subheadings: 5111.1120,
5111.1130, 5111.1910, 5111.2005, 5111.2010, 5111.2090, 5111.3005,
5111.3010, 5111.3090, 5111.9040, 5111.9050, 5111.9090, 5112.1110,
5112.1920, 5112.2010, 5112.2020, 5112.2030, 5112.3010, 5112.3020,
5112.3030, 5112.9040, 5112.9050, 5112.9090, 5210.1140, 5210.1160,
5210.1200, 5210.1920, 5210.1940, 5210.1960, 5210.2160, 5210.2940,
5210.2960, 5211.1100, 5211.1900, 5211.2100, [[Page 21073]] 5211.2900,
5513.4100, 5810.9910, 6302.5130.
2. We are deleting the footnote ``Coverage limited to fabric,
wholly or in part of fine animal hair'' from HTS subheadings 5112.1120
and 5112.1990.
3. We are deleting HTS subheadings 5701.1016 and 5805.0025 because
products covered under these HTS subheadings were excluded from the
original TSUSA-defined scope of this countervailing duty order.
4. As a result of HTS subheading changes made effective on January
1, 1995, the HTS subheading 5701.1020 was replaced by 5701.1040 and
5701.1090. However, since 5701.1040 covers hand-made carpets, which
were excluded from the original TSUSA-defined scope, we are replacing
5701.1020 only with 5701.1090, which covers other carpets.
5. We are inserting HTS subheadings 5407.7100, 5407.7200,
5407.7300, and 5407.7400 with the following footnote: ``Coverage
limited to fabric, not containing 85 percent or more by weight of
polyester filaments.''
6. We are inserting HTS subheadings 6302.2150 and 6302.3150 with
the following footnote: ``Coverage limited to pillowcases, other than
bolster cases.''
Instructions to Customs
The Department will instruct the U.S. Customs Service to liquidate
without regard to countervailing duties all unliquidated entries of
certain textile mill products 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 textile mill
products 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 Textile Mill Products From Peru
(C-333-402)
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5106.1000* 5208.1180 5511.3000
5106.2000* 5208.1260 5513.4100
5107.1000* 5208.1280 5702.3110
5107.2000* 5208.1300 5702.3120
5108.1060* 5208.1920 5702.4110
5108.2060* 5208.1940 5702.4120
5109.1060 5208.1960 5702.5120
5109.9060 5208.1980 5702.5140
5111.1120 5208.2120 5702.9130
5111.1130 5208.2140 5702.9140
5111.1170 5208.2160 5703.1000
5111.1910 5208.2240 5801.1000
5111.1960 5208.2260 5801.3300
5111.2005 5208.2280 5801.3400
5111.2010 5208.2940 5801.3500
5111.2090 5208.2960 5810.9910
5111.3005 5208.2980 6002.4200
5111.3010 5209.1100 6301.2000
5111.3090 5209.1200 6302.2150s>
5111.9040 5209.2100 6302.3150s>
5111.9050 5210.1140 6302.5130
5111.9090 5210.1160 6304.9915
5112.1110 5210.1200 6306.1100
5112.1120 5210.1920 6306.2100
5112.1920 5210.1940 6306.9100
5112.1990 5210.1960
5112.2010 5210.2160
5112.2020 5210.2940
5112.2030 5210.2960
5112.3010 5211.1100
5112.3020 5211.1900
5112.3030 5211.2100
5112.9040 5211.2900
5112.9050 5406.1000
5112.9090 5406.2000
5204.1100 5407.7100
5204.1900 5407.7200
5204.2000 5407.7320
5207.1000 5407.7400
5207.9000 5511.1000
5208.1140 5511.2000
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*Coverage limited to single or multiple (folded) or cabled yarn, not
exceeding 22 nm per single yarn.
Coverage limited to fabric, not wholly of satin weave.
s> Coverage limited to fabric, not containing 85 percent or
more by weight of polyester filaments.
Coverage limited to pillowcases, other than bolster cases.
[FR Doc. 95-10652 Filed 4-28-95; 8:45 am]
BILLING CODE 3510-DS-P
