01-10697. Proposed Modifications to the Harmonized Tariff Schedule of the United States

AGENCY:

International Trade Commission.

ACTION:

Additional proposed amendments.

EFFECTIVE DATE:

April 23, 2001.

SUMMARY:

On November 18, 1999, the Commission instituted investigation No. 1205-5, Proposed Modifications to the Harmonized Tariff Schedule for 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 (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.

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 [phone].

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 [phone]) 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.

Other proposed changes included in this investigation have been 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 U.S. 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 prepared non-authoritative 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 has recently issued a cross-reference table under Article 16 of the Harmonized System Convention, indicating the international classifications (existing and future) of the goods affected by the proposed changes. Thus, the classifications shown in the Commission's preliminary cross-reference tables may be subject to change in the final report in light of WCO's cross-reference table.

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, 2000 (65 F.R. 83032), February 16, 2001 (66 FR 10743) and March 8, 2001 (66 FR 13963), the following changes are proposed to clarify proposals already set forth in the Commission's preliminary report to the U.S. Trade Representative, Proposed Modifications to the Harmonized Tariff Schedule of the United States, Investigation No. 1205-5 (Preliminary) (USITC Publication 3295). These new proposed changes are set out below.

Chapter 8

Subheadings 0805.30, 0805.30.20 and 0805.30.40 are superseded by the following:

	[Citrus fruit, fresh or dried:]
“0805.50	Lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus latifolia):
0805.50.20	Lemons	2.2¢/kg	Free (A+,CA,E,IL,J) 0.2¢/kg (MX)	5.5¢/kg
	Limes:
0805.50.30	Tahitian limes, Persian limes and other limes of the Citrus latifolia variety	0.8%	Free (A*,CA,E,IL,J,MX)	35%
0805.50.40	Other	1.8¢/kg	Free (A,CA,E,IL,J) 0.2¢/kg (MX)”	4.4¢/kg

[This proposed amendment replaces item 08-1 in Appendix B of USITC Pub. 3295.]

Chapter 85

Note 6 to chapter 85 is superseded by the following:

“6. Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, when entered with the apparatus for which they are intended.

This note does not apply to such media when they are entered with articles other than the apparatus for which they are intended.

For the purposes of this note, the term “apparatus for which they are intended” refers to apparatus which reads or plays the media or which records or writes on the media.”

[This proposed amendment replaces item 85-3 in Appendix B of USITC Pub. 3295.]

Chapter 98

The following new heading 9817.64.01 is inserted in numerical sequence:

“9817.64.01	Footwear, other than goods of heading 9021, of a kind for supporting or holding the foot following an illness, operation or injury, provided that such footwear is (1) made to measure and (2) presented singly and not in pairs and designed to fit either foot equally	Free	The rate applicable in the absence of this heading.”

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 May 11, 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 server (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets. usitc.gov/eol/public.

List of Subjects

• Tariffs/HTS
• Harmonized System
• WCO, and imports

By order of the Commission.

Issued: April 24, 2001.

Donna R. Koehnke,

Secretary.