[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Notices]
[Pages 67681-67683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33752]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Technical Corrections to the Harmonized Tariff Schedule of the
United States
AGENCY: Office of the United States Trade Representative.
ACTION: Technical corrections to the Harmonized Tariff Schedule of the
United States.
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SUMMARY: The United States Trade Representative (USTR) is making
technical corrections to the Harmonized Tariff Schedule of the United
States (HTS) as set forth in the annex to this notice, pursuant to
authority granted by Congress to the President in section 604 of the
Trade Act of 1974 and delegated by the President to the USTR in
Presidential Proclamation No. 6969 of January 27, 1997 (62 FR 4415).
These modifications will correct errors in prior proclamations, so that
the intended tariff treatment is accorded.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Barbara Chattin, Director for Tariff Affairs (202) 395-5097, or
Catherine Field, Senior Counsel for Multilateral Affairs, (202) 395-
3432.
Explanation of Proposed Changes
This notice makes several technical corrections to the Harmonized
Tariff Schedule of the United States (HTS) to remedy omissions,
misspellings, or other problems included in previously issued
proclamations, or to make conforming changes in HTS provisions
previously proclaimed to reflect previous modifications to the HTS. The
[[Page 67682]]
modification made in each paragraph is explained in turn.
The action designated as 1. conforms certain provisions for goods
returned from Canada or Mexico after alterations or repairs with U.S.
obligations under the NAFTA. This modification is effective as of the
date of entry into force of the NAFTA, i.e., January 1, 1994.
The action designated as 2.(a) modifies an HTS category to allow
duty-free entry of a product enumerated in the Intermediate Chemicals
for Dyes appendix to the HTS, as provided for in Schedule XX as annexed
to the Marrakesh Protocol to the Agreement Establishing the World Trade
Organization (WTO Agreement). The special duty rate symbol ``L'' must
appear in the HTS tariff category containing an intermediate chemical
enumerated in this HTS appendix for Customs to allow duty-free entry
upon claims therefor by importers. This action is effective as of the
date of entry into force of the WTO Agreement, i.e., January 1, 1995.
Actions 2. (b) and (c) realign language in particular HTS legal
notes to ensure that the tariff treatment intended under the NAFTA is
achieved. The modification corrects an error incorporated in a previous
proclamation and is effective as of the date of that erroneous
modification. The correction ensures that particular provisions dealing
with textile and apparel differentiate between originating goods
(including ``products of'' Canada or Mexico) and non-originating goods
(including ``imports from'' these countries--potentially applicable to
transshipped third-country goods as well as other goods not
substantially transformed into NAFTA originating goods) under the terms
of HTS general note 12.
The actions designated as 2.(d) and 2.(e) correct typographical or
spelling errors and are effective as of the date the particular HTS
categories were established or modified.
The action is section 3.(a) make a conforming change (reflecting a
renumbering of an HTS category) in one NAFTA tariff shift rule in
general note 12(t), and reinsert another tariff shift rule that
previously was erroneously deleted, effective as of the date of the
prior action or deletion, respectively.
Actions designated as 3.(b) and 3.(c) make conforming changes that
reflect in one set of HTS provisions the previous, but unrecognized,
modifications to other provisions. The changes are effective as of the
date of the previous modifications to these corresponding HTS
provisions.
The action designated as 3.(d) corrects the omission of a
conforming change from Proclamation 6857 of December 11, 1995. The
cited note to subchapter II of chapter 98 should have been modified to
reflect a World Customs Organization (WCO) change in the status of the
note. The WCO elevated additional U.S. note 1 to section XV from its
prior status as a U.S. note to the status of international-level note 3
to section XV. As a result of this WCO action the note is now included
in the annex to the Harmonized System Convention.
The action designated as 4. corrects an omission from Proclamation
6982 of April 1, 1997, which modified the scope of duty-free treatment
accorded under the pharmaceuticals appendix to the HTS.
Section 5. corrects 3 typographical errors in the Federal Register
notice that was published and was effective on April 28, 1997, which
made certain changes in NAFTA rules of origin set forth in general note
12 to the HTS.
The actions in section 6. correct an omission and errors in
Proclamation 7007 of May 30, 1997, which modified duty-free treatment
under the GSP for least-developed beneficiary developing countries. The
first action provides such treatment to a subheading created in the
proclamation, and the second action deletes from the list of HTS
subheadings that were designated for the new GSP treatment certain
tariff categories that were already eligible for GSP benefits.
The action designated as 7. corrects the advertent deletion of a
preexisting duty suspension provision from the HTS and recognize the
goods covered under the former duty suspension now fall in another
provision of chapter 84. As a result of this prior change in
classification, the duty suspension provision of chapter 99 must be
amended to reflect the permanent tariff subheading now applicable to
these goods. The continuation of the duty suspension (which had been
scheduled to continue through the close of 2000) allows the subject
products to continue to enter the customs territory free of duty.
The actions designated as 8. correct errors in dates in provisions
of the cited proclamation so that future proclaimed actions could be
administered as intended.
Actions designated as 9. (a) and (b) correct two errors in staging
tables in the HTS. The staging table for general rates of duty
contained erroneous 1997 and 1998 duty rates for subheading 2620.90.20,
in that the two rates shown in the staging table should have been
reversed. Thus, as presently proclaimed, the 1997 duty rate is too low
and the 1998 duty rate would increase before returning to the scheduled
1999 stage; it was intended that the 1998 and 1999 rates be the same.
This notice also corrects the inadvertent omission of the final staged
Canada rate under the NAFTA for subheading 8529.90.88. As presently
proclaimed, the 1997 duty rate of ``0.5% (CA)'' would not be eliminated
as scheduled on January 1, 1998.
Actions designated as 9. (c) through (h) correct previously
proclaimed provisions of the general notes to the HTS to update
statutory references and thereby reflect the amendments to title V of
the Trade Act of 1974 concerning the Generalized System of Preferences
(GSP). Some of these provisions deal with the freely associated states
(see general note 10), because the statute implementing the compacts of
free association imposed certain criteria of the GSP program as
limitations on imports.
The action designated as 10. corrects omissions from Proclamation
6914 of August 28, 1966, which modified the allocation of tariff-rate
quotas for certain cheeses from the EC 15. For the enumerated cheese
quota notes, Proclamation 6914 modified the notes by changing the
references to ``EC 12'' to read ``EC 15'' but did not provide for the
increased quota access for the years 1999 and 2000 as set forth in
Proclamation 6763 of December 23, 1994.
Ambassador Charlene Barshefsky,
United States Trade Representative.
Annex
Corrections: The HTS is modified as set forth below with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
the effective dates specified for the enumerated actions:
1. Effective on January 1, 1994, U.S. note 3 to subchapter II of
chapter 98 of the HTS is modified by redesignating subdivision (d)
as subdivision (e), and by inserting the following new subdivision
in alphabetical sequence:
``(d) For the purposes of subheadings 9802.00.40 and 9802.00.50,
the rates of duty in the ``Special'' subcolumn of column 1 followed
by the symbol ``CA'' or ``MX'' in parentheses shall apply to any
goods which are returned to the United States after having been
repaired or altered in Canada or in Mexico, respectively, whether or
not such goods are goods of Canada or goods of Mexico under the
terms of general note 12 to the tariff schedule.''
2. Effective on January 1, 1995, the HTS is modified as follows:
(a) For subheading 2922.49.37, the Rates of Duty 1--Special
subcolumn is modified by inserting, in alphabetical sequence, the
[[Page 67683]]
symbol ``L'' in the parentheses following the ``Free'' rate of duty
in such subcolumn.
(b) In the additional U.S. notes to HTS section XI listed below,
the expression ``articles the product of Canada'' is deleted at each
instance and the expression ``Imports from Canada'' is inserted in
lieu thereof.
additional U.S. note 3(a); additional U.S. note 4(c)
additional U.S. note 3(f); additional U.S. note 5(a)
additional U.S. note 4(a); additional U.S. note 5(c)
(c) In the additional U.S. notes to HTS section XI listed below,
the expression ``articles the product of Mexico'' is deleted at each
instance and the expression ``imports from Mexico'' is inserted in
lieu thereof.
additional U.S. note 3(b); additional U.S. note 4(b)
additional U.S. note 3(c); additional U.S. note 4(d)
additional U.S. note 3(d); additional U.S. note 5(b)
additional U.S. note 3(e); additional U.S. note 5(d)
additional U.S. note 3(g)
(d) The article description for HTS heading 9817.29.01 is
modified by deleting ``3701.90.32'' and by inserting in lieu thereof
``3707.90.32''.
(e) The Intermediate Chemicals for Dyes Appendix to the HTS is
modified by deleting the chemical name ``Banzamine, 2, 6-dichloro-4-
nitro'' and by inserting ``Benzamine, 2, 6-dichloro-4-nitro'' in
lieu thereof, and by deleting the chemical name ``Benzeneamine, 2-
(triflouromethyl)-'' and by inserting ``Benzeneamine, 2-
(triflouromethyl)-'' in lieu thereof.
3. Effective on January 1, 1996, the HTS is modified as follows:
(a) The tariff classification rules (``TCRs'') in subdivision
(t) of general note 12 to the HTS are modified by deleting from
chapter rule 1 to chapter 61 and from chapter rule 1 to chapter 62
the subheading number ``5407.60'' and by inserting in lieu thereof
``5407.61''.
(b) The article description for HTS subheading 6303.92.10 is
modified by deleting ``5407.60.11, 5407.60.21 or 5407.60.91'' and by
inserting in lieu thereof ``5407.61.11, 5407.61.21 or 5407.61.91''.
(c) The article description for HTS subheading 9017.20.50 is
modified by deleting ``8456.90.20'' and by inserting in lieu thereof
``8456.99.10''.
(d) U.S. note 3(d) to subchapter II of chapter 98 is modified by
deleting ``additional U.S. note 1'' and inserting ``note 3'' in lieu
thereof.
4. Effective April 1, 1997, for subheading 2933.59.95, the Rates
of Duty 1--special subcolumn is modified by inserting, in
alphabetical sequence, the symbol ``K'' in the parentheses following
the ``Free'' rate of duty in such subcolumn.
5. Effective April 28, 1997, general note 12 to the HTS is
modified as follows:
(a) by numbering the tariff classification rule to chapter 82
that reads ``A change to subheadings 8202.39 through 8202.99 from
any other chapter.'' as TCR 4 to that chapter;
(b) by modifying TCR 231 for chapter 84 by deleting ``tariff
items,'' and by inserting in lieu thereof ``tariff item, ``; and
(c) by deleting from TCR 90 for chapter 85 ``8428.12.62'' and by
inserting in lieu thereof ``8528.12.62''.
6. Effective May 31, 1997:
(a) For HTS subheading 0802.90.98, the Rates of Duty 1--Special
subcolumn is modified by inserting, immediately before the symbol
``CA'' in parentheses, the symbol ``A+,''; and
(b) Section (c) to Annex II to Presidential Proclamation 7007 is
modified by deleting HTS subheadings 0802.90.90, 2901.29.50,
8607.19.03, 9603.10.50 and 9603.10.60.
7. Effective July 1, 1997, section B of Annex I to Presidential
Proclamation 7011 of June 30, 1997, is modified by deleting the text
of paragraph (68) and by inserting in lieu thereof the following:
`Heading 9902.84.77 is modified by deleting ``8477.10.80'' and by
inserting in lieu thereof ``8477.10.70''.'
8. Effective on the date of publication of this notice in the
Federal Register, section A(5) of Annex II to Presidential
Proclamation 6969 is modified as follows:
(a) by deleting, from subparagraph (a) of such section, the
expression ``April 1, 1998, through March 31, 1999, inclusive'' and
by inserting ``April 1 in any year through March 31, inclusive'' in
lieu thereof; and
(b) by deleting, from subparagraph (b) of such section, the
expression ``April 1, 1999, through March 31, 2000, inclusive'' and
by inserting ``April 1, 2000, through March 31, 2001, inclusive'' in
lieu thereof.
9. Effective January 1, 1998:
(a) Section D of the Annex to Proclamation 6763 is modified by
striking from the column headed ``1998'' for subheading 2620.90.20
the duty rate of ``18.5 cents/kg on tungsten content + 4%'' and by
inserting the duty rate ``17.6 cents/kg on tungsten content + 4%''
in lieu thereof; and
(b) Subheading 8529.90.88 is modified by striking from the
``Special'' rates of duty subcolumn the rate ``0.5% (CA)'' and by
inserting in alphabetical sequence in the parenthetical expression
following the duty rate of ``Free'' in such subcolumn the symbol
``CA,''.
(c) General note 3(iv)(C) is modified by deleting ``sections
503(b) and 504(c) and by inserting ``sections 503(a)(2), 503(a)(3)
and 503(c)'' in lieu thereof.
(d) General note 4(a) is modified by deleting ``section
502(a)(3) of the Trade Act of 1974 (19 U.S.C. 2462(a)(3)'' and by
inserting ``section 507(2) of the Trade Act of 1974 (19 U.S.C.
2467(2)'' in lieu thereof.
(e) General note 4(b)(i) is modified by deleting ``section
504(c)(6)'' and by inserting ``section 502(a)(2)'' in lieu thereof,
by deleting ``section 504(c)'' and by inserting ``section
503(c)(2)(A)'' in lieu thereof, and by deleting ``19 U.S.C.
2464(c)'' and by inserting ``19 U.S.C. 2463(c)(2)(A)'' in lieu
thereof.
(f) The last paragraph of general note 4(c) is modified by
deleting ``section 503(a)(3)'' and by inserting ``section 507(2)''
in lieu thereof.
(g) General note 10(e)(i)(A) is modified by deleting ``section
504(c)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2464(c)(1)(A)'' and
by inserting ``sections 503(c)(2)(A)(i)(I) and 503(c)(2)(A)(ii) of
the Trade Act of 1974 (19 U.S.C. 2463(c)(2)(A)(i)(I) and
503(c)(2)(A)(ii)'' in lieu thereof.
(h) General note 10(f) is modified by deleting ``section
504(c)(3) of the Trade Act of 1974 (19 U.S.C. 2464(c)(3)'' and by
inserting ``section 503(c)(2)(F) of the Trade Act of 1974 (19 U.S.C.
2463(c)(2)(F)'' in lieu thereof.
10. Effective on January 1 in each of the following years, the
enumerated additional U.S. notes to chapter 4 of the HTS are each
modified by deleting the existing quantitative limitation set forth
therein for the EC 15 and by inserting in lieu thereof the new
quantitative limitation set forth in this table:
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1999 2000
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(a) Additional U.S. note 17 to chapter 4...... 2,729,000 2,779,000
(b) Additional U.S. note 18 to chapter 4...... 1,096,333 1,263,000
(c) Additional U.S. note 19 to chapter 4...... 337,333 354,000
(d) Additional U.S. note 21 to chapter 4...... 3,965,333 4,082,000
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Additional information regarding these technical modifications
can be obtained by contacting the above-named officials of the USTR
at the number noted above.
[FR Doc. 97-33752 Filed 12-24-97; 8:45 am]
BILLING CODE 3190-01-M