[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57293-57295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23396]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 1205-9]
Certain Festive Articles: Recommendations for Modifying the
Harmonized Tariff Schedule of the United States
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and opportunity to
present written views on proposed recommendations.
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SUMMARY: Following receipt of a letter from U.S. Customs and Border
Protection (CBP), the Commission instituted investigation No. 1205-9,
Certain Festive Articles: Recommendations for Modifying the Harmonized
Tariff Schedule of the United States, pursuant to section 1205 of the
Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3005), for the
purpose of making recommendations to the President regarding the
addition of a U.S. note and the amendment or replacement of certain
classification provisions in subchapter XVII of chapter 98 of the
Harmonized Tariff Schedule of the United States (HTS) relating to
certain utilitarian articles that incorporate a festive design,
decoration, emblem, or motif.
DATES: October 22, 2010: Deadline for filing written views relating to
the Commission's proposed recommendations.
November 29, 2010: Transmittal of the Commission's recommendations
to the President.
ADDRESSES: All Commission offices are located in the United States
International Trade Commission Building, 500 E Street, SW., Washington,
DC. All written submissions should be addressed to the Secretary,
United States International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. The public record for this collection of
proposals may be viewed on the Commission's electronic docket (EDIS) at
http://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Fred Schottman, Nomenclature Analyst
(202-205-2077, [email protected]), or Janis L. Summers, Attorney
Advisor (202-205-2605, [email protected]), of the Office of
Tariff Affairs and Trade Agreements (fax 202-205-2616). The media
should contact Margaret O'Laughlin, Office of External Affairs (202-
205-1819), [email protected]). Hearing impaired individuals
may obtain information on this matter by contacting the Commission's
TDD terminal at 202-205-1810. General information concerning the
Commission may also be obtained by accessing its Internet Web site
(http://www.usitc.gov). 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.
Background: Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the 1988 Act) (19 U.S.C. 3005(a)) provides
that the Commission shall keep the HTS under continuous review and
periodically recommend to the President such modifications in the HTS
as the Commission considers necessary or appropriate to accomplish five
general objectives. Among these stated objectives, section 1205(a)(2)
of the 1988 Act directs the Commission to consider changes to the HTS
to promote the uniform application of the Harmonized System Convention
and particularly the Protocol thereto, which contains the Harmonized
System nomenclature structure and accompanying legal notes. Subsections
(b) through (d) of section 1205 describe the procedures the Commission
is to follow in formulating recommendations, including with respect to
soliciting and considering views of interested Federal
[[Page 57294]]
agencies and the public. Section 1205(b)(1) requires that the
Commission give notice of proposed recommendations and afford
reasonable opportunity for interested parties to present their views in
writing.
In a letter dated July 1, 2010, from Myles B. Harmon, Director,
Commercial and Trade Facilitation Division, CBP asked that the
Commission conduct an investigation under section 1205 for the purpose
of making recommendations to the President regarding the addition of a
U.S. note and the amendment or replacement of certain classification
provisions in chapter 98 of the HTS relating to certain utilitarian
articles that incorporate a festive design, decoration, emblem, or
motif. The letter included CBP's proposed language for a U.S. note and
proposed changes in two U.S. tariff rate lines at the 8-digit level
that take into account (a) Federal court decisions on the
classification of particular utilitarian articles, and (b) the
amendment of note 1 to chapter 95 of the international Harmonized
System by the World Customs Organization (WCO).
CBP's letter requested that the following U.S. note 9 be inserted
in subchapter XVII of chapter 98:
9. Heading 9817.95.02 applies only to tableware, kitchenware
(except baking pans, cookie cutters, cookie stamps and presses) and
toilet articles of chapter 39, 69 or 70; carpets and other textile
floor coverings of chapter 57; apparel and accessories of chapter 61
or 62; and made-up textile articles of chapter 63.
The letter further requested that existing HTS subheadings
9817.95.01 and 9817.95.05 and superior text thereto be replaced by:
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9817.95.01........... Utilitarian Free............ 25%.
articles
(including but
not limited to
Seder plates,
blessing cups,
menorahs or
kinaras) of a
kind used in
the home in
the
performance of
specific
religious or
cultural
ritual
celebrations
for religious
or cultural
holidays, or
religious
festive
occasions
(provided for
in subheading
3924.10,
3926.90,
6307.90,
6911.10,
6912.00,
7013.22,
7013.28,
7013.41,
7013.49,
9405.20,
9405.40 or
9405.50).
9817.95.02........... Utilitarian Free............ 25%.
articles, each
incorporating
a symbol and/
or motif that
is closely
associated
with a festive
occasion (for
example,
Christmas,
Easter,
Halloween or
Thanksgiving),
the foregoing
articles used
or displayed
principally
during that
festive
occasion and
not typically
at any other
time, under
the terms of
U.S. note 9 to
this
subchapter.
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CBP's letter provided additional background on the tariff
classification of utilitarian articles that incorporate a festive
design, decoration, emblem, or motif. The letter summarized relevant
court decisions and decisions of CBP that are the basis of CBP's
request. A copy of CBP's letter is being posted on the Commission's Web
site at http://www.usitc.gov/tariff_affairs/modifications_hts.htm.
The Commission believes that a modification of CBP's description
for heading 9817.95.02 should be considered in order to clarify the
intended scope of the heading and conform to normal HTS language. The
Commission proposes that a phrase included in the request letter's
description for that heading as ``a festive occasion (for example,
Christmas, Easter, Halloween, or Thanksgiving)'' be replaced by
``Christmas, Easter, Halloween, Thanksgiving or similar festive
occasion''.
The Harmonized System nomenclature, which is maintained by the WCO,
provides a uniform structural basis for the customs tariffs and
statistical nomenclatures of all major trading countries of the world,
including the United States. The Harmonized System comprises the
broadest principles of classification and levels of categories in the
HTS, comprising the general rules of interpretation, section and
chapter titles, section and chapter legal notes, and heading and
subheading texts to the 6-digit level of detail. Additional U.S. notes,
further subdivisions (8-digit subheadings and 10-digit statistical
annotations) and statistical notes, as well as the entirety of chapters
98 and 99 and several appendixes, are national legal and statistical
detail added for the administration of the U.S. tariff and statistical
programs and are not part of the international HS.
An up-to-date copy of the HTS, which incorporates the international
HS in its overall structure, can be found on the Commission's Web site
(http://www.usitc.gov/tata/hts/bychapter/index.htm). Hard copies and
electronic copies on CD can be found at many of the 1,400 Federal
Depository Libraries located throughout the United States and its
territories; further information about these locations can be found at
http://www.gpoaccess.gov/fdlp.html or by contacting GPO Access at the
Government Printing Office at this telephone number: 866-512-1800.
The Commission will prepare recommendations for the President in
the form of a single report. In preparing these recommendations, the
Commission will take into account CBP's request, as well as all other
appropriate legal and technical considerations relating to HTS chapters
39, 57, 61, 62, 63, 69, 70, 94, and 95. The Commission will consider
and include, where appropriate, the input submitted by other agencies
and interested parties. Submissions from other agencies and the public
must be filed by October 22, 2010, in order to be assured of
consideration in the Commission's report and recommendations to the
President.
Written submissions should be filed in accordance with the
procedures below. Such submissions should take into account the
classification of the merchandise concerned under the international
Harmonized System as well as domestic judicial decisions and seek to
further the goals set out by section 1205 of the 1988 Act and the
Harmonized System Convention. No proposals for changes to existing U.S.
rates of duty or to 10-digit statistical annotations or notes will be
considered by the Commission during its review. However, the Commission
will examine information concerning the rates of duty currently
utilized by importers in liquidated and undisputed entries of specific
festive articles that are the subject of this investigation. The
changes in the HTS that may result from this investigation are not
intended to alter current tariff rates. The changes instead are
intended to ensure that existing tariff treatment continues to be
applicable following the implementation of new U.S. tariff provisions,
taking into account HTS changes that were proclaimed as of February 3,
2007, and related judicial decisions and CBP classification rulings.
Proposed Recommendations: Section 1205(b)(1) of the 1988 Act
requires that the Commission give notice of proposed recommendations
and afford reasonable opportunity for interested parties to present
their views in writing.
The Commission hereby gives notice that its proposed
recommendations in this investigation for purposes of section
1205(b)(1) of the 1988 Act are as follows:
(1) Adopt CBP's proposed language for U.S. note 9, to be inserted
in
[[Page 57295]]
subchapter XVII of chapter 98 of the HTS; and
(2) Adopt CBP's proposed language for HTS subheadings 9817.95.01
and 9817.95.02 and the deletion of subheading 9817.95.05 with the
exception of the one change noted above regarding the parenthetical
expression shown in HTS subheading 9817.95.02, as requested, relating
to festive occasions. Thus, HTS subheading 9817.95.02 would read as
follows:
------------------------------------------------------------------------
[emps] [emps] [emps] [emps]
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9817.95.02........... Utilitarian Free............ 25%.
articles, each
incorporating
a symbol and/
or motif that
is closely
associated
with
Christmas,
Easter,
Halloween,
Thanksgiving
or similar
festive
occasion, the
foregoing
articles used
or displayed
principally
during that
festive
occasion and
not typically
at any other
time, under
the terms of
U.S. note 9 to
this
subchapter.
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Written Submissions: Interested parties and agencies are invited to
file written submissions relating to the Commission's proposed
recommendations. All written submissions should be addressed to the
Secretary. Written submissions relating to CBP's request should be
received no later than October 22, 2010. Submissions should refer to
``Investigation No. 1205-9'' in a prominent place on the cover page
and/or the first page. All written submissions must conform with the
provisions of section 201.8 of the Commission's Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8 requires that a signed original
(or a copy so designated) and fourteen (14) copies of each document be
filed. In the event that confidential treatment of a document is
requested, at least four (4) additional copies must be filed, in which
the confidential information must be deleted (see the following
paragraph for further information regarding confidential business
information). The Commission's rules authorize filing submissions with
the Secretary by facsimile or electronic means only to the extent
permitted by section 201.8 of the rules (see Handbook for Electronic
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons with
questions regarding electronic filing should contact the Secretary
(202-205-2000).
Any submissions that contain confidential business information must
also conform with the requirements of section 201.6 of the Commission's
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the
rules requires that the cover of the document and the individual pages
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information
be clearly identified by means of brackets. All written submissions,
except for confidential business information, will be made available
for inspection by interested parties. Confidential business information
received in the submissions may be made available to CBP during the
examination of the requested HTS modifications. The Commission will not
otherwise publish or release any confidential business information
received, nor release it to other government agencies or other persons.
By order of the Commission.
Issued: September 13, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-23396 Filed 9-17-10; 8:45 am]
BILLING CODE 7020-02-P