[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]


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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.

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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                       
                                                                                                                
                                                                                                                
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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  ................  ................  ................
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\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