[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Notices]
[Pages 36077-36078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17580]


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INTERNATIONAL TRADE COMMISSION


Proposed Addendum to Investigation No. 1205-3; Certain Phenols--
Metacresol, Orthocresol, Paracresol, and Metaparacresol

AGENCY: International Trade Commission.

ACTION: Request for comment.

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SUMMARY: The Commission requests comment with respect to a request from 
the United States Trade Representative (USTR) to provide advice 
concerning a proposed addendum to Commission Investigation No. 1205-3 
affecting the tariff treatment of certain phenols--metacresol, 
orthocresol, paracresol, and metaparacresol having a purity of less 
than 75 percent (under 75 percent cresols) provided for in subheading 
2707.60.20 of the Harmonized Tariff Schedule of the United States 
(HTS).

EFFECTIVE DATE: June 30, 1997.

FOR FURTHER INFORMATION CONTACT: Eugene A. Rosengarden, Director, 
Office of Tariff Affairs & Trade Agreements (O/TA&TA) (202/205-2592) or 
Fred Schottman, Nomenclature Analyst, O/TA&TA, (202/205-2077), U.S. 
International Trade Commission, Washington, DC 20436. The O/TA&TA fax 
number is: 202/205-2616. Messrs. Rosengarden and Schottman may also be 
reached via Internet e-mail at [email protected] and 
[email protected], respectively.

Background

    Section 1205 of the Omnibus Trade and Competitiveness Act of 1988 
directs the U.S. International Trade Commission (Commission) to conduct 
studies and make recommendations on modifications to the HTS. In August 
1993, the Commission issued a report Proposed Modifications to the 
Harmonized Tariff Schedule of the

[[Page 36078]]

United States, Inv. No. 1205-3, Publication No. 2673. In the report, 
the Commission proposed reclassifying certain phenols--metacresol, 
orthocresol, paracresol, and metaparacresol, all having a purity of 75 
percent or more (75 percent cresols)--from subheading 2707.99 to 
subheading 2707.60. The change was proposed to achieve international 
uniformity in customs classification for these products under the 
Harmonized System. The existing rate of duty was carried over to the 
new classification.
    Following implementation of the modification in December 1995, it 
was recognized that there was a collateral movement of under 75 percent 
cresols between subheadings of the HTS that resulted in a significant 
increase in the rate of duty applicable to this product. Under Section 
1205, modifications to the HTS must have substantial duty-rate 
neutrality and not alter existing competitive conditions. As a 
consequence, the Commission has received a request from the USTR 
requesting ``advice in respect of making a technical rectification to 
the [HTS] to address treatment of [under 75 percent cresols].'' The 
USTR has requested the Commission's advice by July 28, 1997.
    In order to restore the rate of duty previously applied to under 75 
percent cresols, the Commission proposes to amend the advice in Inv. 
No. 1205-3 to include creation of a new subheading for this product, 
HTS 2707.60.15, carrying the pre-implementation rate of duty (Free in 
column 1 and column 2), as follows:

    The HTS is modified by striking subheadings 2707.60.10 and 
2707.60.20 and inserting the following in lieu thereof:
[2707  Oils and other products of the distillation . . .:]
[2707.60  Phenols:]
    Metacresol, orthocresol, paracresol and metaparacresol:

2707.60.10............  Having a purity    1 cents/kg + 3.3%       Free (A, CA, E, IL, J,  15.4 cents/kg +42.5% 
                         of 75 percent or                           MX)                                         
                         more by weight.                                                                        
2707.60.15............  Other............  Free                    ......................  Free                 
2707.60.30............  Other............  2.9 cents/kg + 12.5%    Free (A, CA, E, IL, J,  7.7 cents/kg +29.5%  
                                                                    MX)                                         
                                                                                                                

Request for Comment

    Accordingly, the Commission is seeking comments concerning this 
proposed technical rectification to the HTS.

Deadline

    Comments must be received no later than the close of business July 
11, 1997, in order to be considered by the Commission.

Written Submissions

    All submissions should be addressed to the Secretary, United States 
International Trade Commission, 500 E St. SW., Washington, DC. 20436. 
Commercial or financial information that a party desires the Commission 
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 Sec. 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 for 
inspection by interested persons.
    TDD Access: Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting our TDD 
terminal on (202) 205-1810.
    World Wide Web Access: This notice, and any subsequent notices 
published pursuant to section 1210 of the 1988 Act, may be obtained 
from the ITC Internet web server: http://www.usitc.gov.

    Issued: June 30, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-17580 Filed 7-2-97; 8:45 am]
BILLING CODE 7020-02-P