[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Rules and Regulations]
[Pages 51751-51752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20166]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 154 / Friday, August 9, 2002 / Rules
and Regulations
[[Page 51751]]
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 102
[T.D. 02-47]
Technical Corrections: Rules of Origin for Textile and Apparel
Products
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Interim rule; corrections.
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SUMMARY: This document makes technical corrections to the Customs
Regulations to reflect the terms of the 2002 Harmonized Tariff Schedule
of the United States within the country of origin rules for certain
textile and apparel products. The document also corrects an error in
the rules regarding the scope of the definition of the term ``textile
or apparel product.''
DATES: These corrections are effective August 9, 2002.
FURTHER INFORMATION CONTACT: Shari Suzuki, Textile Branch, Office of
Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania
Avenue, NW., Washington, DC, 20229, Tel. (202) 572-8818.
SUPPLEMENTARY INFORMATION:
Background
Section 334 of the Uruguay Round Agreements Act (URAA), Public Law
103-465, 108 Stat. 4809 (19 U.S.C. 3592), directs the Secretary of the
Treasury to prescribe rules implementing certain principles for
determining the origin of textiles and apparel products. Section 102.21
of the Customs Regulations (19 CFR 102.21) implements section 334 of
the URAA.
On May 1, 2001, Customs published in the Federal Register (66 FR
21660), as T.D. 01-36, an interim rule amending Sec. 102.21 of the
Customs Regulations (19 CFR 102.21) to align the existing country of
origin rules for certain textile and apparel products with the
statutory amendments to section 334 of the URAA, effected by section
405 of Title IV of the Trade and Development Act of 2000. A technical
correction to T.D. 01-36 was published in the Federal Register (66 FR
23981) on May 10, 2001.
Need for Correction
Recent changes to the 2002 Harmonized Tariff Schedule of the United
States (HTSUS) have resulted in the transfer of certain goods, for
classification purposes, to newly created tariff provisions. Because of
these classification changes, there are certain textile products which
were intended under the scope of 19 U.S.C. 3592 to be covered by the
rules of origin set forth in Sec. 102.21 but, as a result of the
changes to the 2002 HTSUS, are currently excluded from the scope of
that regulatory provision or are not provided for within the tariff
shift rules referenced in Sec. 102.21(c)(2).
For example, it is noted that goods previously classifiable under
heading 6002, HTSUS, which provides for ``other knitted or crocheted
fabrics,'' are now classifiable under HTSUS headings 6002 through 6006
(as a result of the creation of new headings 6003 through 6006). As new
HTSUS headings 6003 through 6006 are not included in the tariff shift
rules set forth in Sec. 102.21(e), the goods classifiable under these
provisions are currently precluded from having their origin determined
pursuant to Sec. 102.21(c)(2). The technical corrections in this
document amend the tariff shift rules in Sec. 102.21(e) to add these
new tariff provisions.
Similarly, a new subheading has been created at 4202.92.05, HTSUS,
which provides for ``insulated food and beverage bags with an outer
surface of textile materials.'' This document amends Sec. 102.21 to
include reference to this new tariff provision.
A technical correction to Sec. 102.21 is also necessary to reflect
that the listing in Sec. 102.21(b)(5) of the HTSUS headings and
subheadings that describe the textile and apparel products covered by
these rules of origin inadvertently excluded a subheading which,
pursuant to 19 U.S.C. 3592, should have been included. Section
102.21(b)(5) does not include subheading 9404.90.20, HTSUS, which
provides for pillows, cushions, and similar furnishings of materials
other than cotton. Section 3592, the statutory provision authorizing
the rules of origin for textile and apparel products, explicitly
includes subheading 9404.90, HTSUS, within the scope of the provision.
See 19 U.S.C. 3592(b)(2)(A). Because Sec. 102.21(b)(5) lists 9404,
HTSUS, tariff provisions at a greater level of specificity (i.e., to
the 8-digit level) than is statutorily required (i.e., to the 6-digit
level), the regulation is inadvertently more restrictive in scope than
the authorizing statute.
This document corrects Sec. 102.21(b)(5) to reflect the terms of
the authorizing statute to include HTSUS subheading 9404.90 as a tariff
provision that is within the definition of a textile and apparel
product covered by these rules of origin (and deletes the more specific
tariff references to subheadings 9404.90.10 and 9404.90.80-95). By this
correction, it is clear that pillows, cushions, and similar furnishings
of materials other than cotton are textile and apparel products covered
by the regulation. These changes will also serve to align
Sec. 102.21(b)(5) to Sec. 102.21(e)(1) which lists a tariff shift rule
for HTSUS 9404.90.
Lastly, this document corrects a typographical error in
Sec. 102.21(e)(1) whereby the number ``17'' inadvertently appears in
the tariff shift rule for HTSUS 6301-6303.
For the reasons set forth above, this document makes technical
corrections to Sec. 102.21 to reflect the terms of the 2002 HTSUS, to
conform Sec. 102.21 to the scope of the authorizing statute, and to
correct a typographical error.
Executive Order 12866, Regulatory Flexibility Act, Inapplicability
of Prior Public Notice and Comment Procedures and Delayed Effective
Date Requirements
This document does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866. Because
these amendments merely update the Customs Regulations by reflecting
the terms of the 2002 HTSUS within the country of origin rules for
certain textile and apparel products, and otherwise correct errors in
those rules, Customs has determined, pursuant to the provisions of 5
U.S.C. 553(b)(B), that prior public notice and comment procedures on
this regulation are unnecessary and contrary to the public interest and
that pursuant to the provisions of 5 U.S.C. 553(d)(3), there is good
cause for dispensing with a
[[Page 51752]]
delayed effective date. Because the document is not subject to the
requirements of 5 U.S.C. 553, as noted, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Drafting Information
The principal author of this document was Ms. Suzanne Kingsbury,
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service. However, personnel from other offices participated in its
development.
List of Subjects in 19 CFR Part 102
Customs duties and inspection, Imports, Rules of Origin, Trade
agreements.
Amendments to the Regulations
For the reasons stated above, part 102 of the Customs Regulations
(19 CFR part 102) is amended as set forth below.
PART 102--RULES OF ORIGIN
1. The authority citation for part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized
Tariff Schedule of the United States), 1624, 3314, 3592.
2. In Sec. 102.21:
(a) Paragraph (b)(5) is amended by removing the listings
``9404.90.10'' and ``9404.90.80-95'' and adding, in numerical order,
the listings ``4202.92.05'' and ``9404.90'';
(b) The table in paragraph (e)(1) is amended by:
(i) Adding an entry, in numerical order, for ``4202.92.05'';
(ii) Removing the number ``6002'' from the entries in the ``Tariff
shift and/or other requirements'' column adjacent to the ``HTSUS''
entries for 3005.90, 5810.91-5810.99, 5908, 5909, 5910, 5911.10-
5911.20, 5911.31-5911.32, 5911.40, 5911.90, 6101-6117, 6210-6212,
6406.10.77, 6406.10.90, 6406.99.15, 6502, 6504, 6505.90, 8804, and
9113.90.40 and adding in its place the number ``6006'';
(iii) Removing the number ``6002'' from the entries in the ``Tariff
shift and/or other requirements'' column adjacent to the ``HTSUS''
entries for 5608, 5801-5803, 5901-5903, 5905, 5906-5907 and
9612.10.9010 and adding in its place the phrase ``6002 through 6006'';
(iv) Removing the entry for ``6001-6002'' and adding in its place
the entry ``6001-6006''; and
(v) Removing the number ``17'' from the entry in the ``Tariff shift
and/or other requirements'' column adjacent to the ``HTSUS'' entry for
6301-6306.
The new entries read as follows:
Sec. 102.21 Textile and apparel products.
* * * * *
(e) * * *--(1) * * *
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Tariff shift and/or other
HTSUS requirements
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* * * *
* * *
4202.92.05......................... A change to subheading 4202.92.05
from any other heading, provided
that the change is the result of
the good being wholly assembled in
a single country, territory or
insular possession.''
* * * *
* * *
6001-6006.......................... (1) Except for fabric of wool or of
fine animal hair, a change from
greige fabric of heading 6001
through 6006 to finished fabric of
heading 6001 through 6006 by both
dyeing and printing when
accompanied by two or more of the
following finishing operations:
bleaching, shrinking, fulling,
napping, decating, permanent
stiffening, weighting, permanent
embossing, or moireing; or,
(2) If the country of origin cannot
be determined under paragraph (1)
of this entry, a change to heading
6001 through 6006 from any heading
outside that group, provided that
the change is the result of a
fabric-making process.
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* * * * *
Approved: August 6, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-20166 Filed 8-8-02; 8:45 am]
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