[Federal Register Volume 68, Number 26 (Friday, February 7, 2003)]
[Notices]
[Pages 6510-6511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3056]


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INTERNATIONAL TRADE COMMISSION


Request for Public Comments Concerning the Maintenance of the 
Harmonized Tariff Schedule of the United States

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission is responsible for the maintenance and 
publication of the Harmonized Tariff Schedule of the United States 
(HTS), pursuant to title I of the Omnibus Trade and Competitiveness Act 
of 1988 (19 U.S.C. 3001 et seq.). The Commission is seeking input from 
users of the HTS on the maintenance and structure of the change record, 
so that public and private users can identify more easily the changes 
in each issuance of the HTS and locate the source of such changes. In 
addition, the Commission is asking users of the electronic revisions of 
the HTS to suggest changes or improvements in the posting of such files 
on the Commission's Web site.

EFFECTIVE DATE: Upon publication; comments are sought through the close 
of business on the date that is four weeks after the date of 
publication of this notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Eugene A. Rosengarden, Director, 
Office of Tariff Affairs and Trade Agreements, (202) 205-2592; Janis L. 
Summers, Attorney-Adviser, Office of Tariff Affairs and Trade 
Agreements, (202) 205-2605; or David G. Michels, Special Assistant to 
the Director, (202) 205-3440; U.S. International Trade Commission, 500 
E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Web site (http://www.usitc.gov). Comments 
filed pursuant to this notice may be viewed on the Commission's 
Electronic Document Information System (EDIS-II) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

Background

    Beginning with the first edition of the HTS (Commission Publication 
2030) and continuing through the present, each printed annual edition 
of the HTS and each printed supplement has included as a final section 
a record of the changes contained therein. These records, although not 
legally authoritative in regard to the tariff treatment of imported 
goods, assist both public and private sector users of the HTS by 
identifying changes in HTS provisions. The change records list legal 
and statistical modifications in the notes and headings of the tariff 
schedule and, more recently, have included the source of each change 
together with its effective date. They are intended to be read in 
conjunction with the Preface to each printed or electronic issuance, 
because the Preface contains a complete enumeration of legal and 
administrative instruments and actions that affect the particular 
issuance, along with effective dates and citations. Since 2000, the 
Commission has also posted periodic electronic revisions of the HTS on 
its Web site, www.usitc.gov, so that the information in the tariff 
schedule is more current, together with electronic links to legal 
instruments making changes in the legal provisions of the HTS. These 
revisions each contain a complete set of the files that comprise the 
HTS, whether or not each file was modified. Each such revision likewise 
contains a change record, but that change record lists only the 
modifications contained in that revision and is not cumulative to the 
last printed edition or supplement. Thus, in order to compile a 
complete list of changes since the immediately prior printed document, 
a user must retain and combine all of the revision-related change 
records to have a composite list of changes since that printed 
document. This system has proven to be confusing to users, even to 
those most familiar with the HTS. The change records are presented for 
convenient reference, and as such are not part of the legal text of the 
HTS; further explanation was provided in the recently revised and 
expanded Preface to the HTS (2003).
    Possible changes.--First, the Commission is considering any 
modifications that may make the change record more useful to all users, 
while still being administratively feasible, and that may also enable 
the staff concerned to keep this record more current (and better meet 
the needs of the Customs Service in updating its automated entry 
system). It should be noted that any such modifications would have no 
effect on the advisory nature of the change record, because the 
interpretation and administration of the HTS are within the legal 
authority of the Customs Service. In addition, significant lengthening 
of the change record and proposals for software changes are not likely 
to be feasible. Nonetheless, possible modifications might include: (1) 
Expansion of or changes in the descriptions of changes; (2) use of a 
revised tabular format, perhaps with additional columns providing new 
information of interest to users; (3) devising a useful method to show 
the indentation level in the nomenclature structure at which a change 
has occurred; (4) providing an on-line composite change record, perhaps 
extending back as far as the 1989 HTS, reflecting all prior legal and/
or statistical changes as a history of each tariff provision; (5) if 
possible, using a format that enables the maximum number of users 
having different software to download or access the change record. 
Because the Commission does not determine as a matter of law the 
classification of imported goods, the change record cannot provide a 
cross-reference table showing actual changes in classification or the 
derivation of the scope of new tariff categories. However, other 
possible useful modifications in addition to the list above can be 
considered.
    In addition, the Commission is considering whether the posting of 
electronic revisions of the HTS might be changed or improved, either in 
timeliness or in their method of presentation. These changes might 
include: (1) Posting only those chapter files, or even individual 
pages, that contain actual modifications; (2) posting a downloadable 
file that contains all chapters or pages that were modified since the 
last electronic revision was posted; (3) posting chapter files or pages 
whenever changes occur, rather than periodically when several 
instruments have modified the HTS; (4) eliminating the WordPerfect 
version and posting only the PDF version of the schedule; or (5) making 
other changes in the organization of the Web site to make it easier to 
locate and use these revisions. It is not considered feasible or 
desirable to insert in the actual tariff chapter files themselves a 
typed indicator of a change (such as italicized language) or the date 
it occurred, given staff resources, possible confusion where multiple 
changes occur, and the need for a more rapid reflection of tariff 
changes; also, the change record already provides a clearer list of 
these modifications and their sources.
    Written submissions.--All submissions must comply with the

[[Page 6511]]

Commission's rules and should be filed with the Office of the Secretary 
of the Commission as soon as is practicable, but in any case before the 
close of business on the date that is four weeks after the date of 
publication of this notice in the Federal Register. The Commission's 
rules do not authorize the filing of submissions with the Secretary by 
facsimile or electronic means, except to the extent permitted by Sec.  
201.8 of the Commission's Rules, as amended, 67 Fed. Reg. 68036 (Nov. 
8, 2002).
    Confidential business information (CBI).--The Commission does not 
anticipate that any private sector party would need to include CBI in 
any submission filed in response to this notice. If such information 
must be included, the filer must comply with the Commission's rules of 
practice and procedure, in particular Sec. Sec.  201.6, 207.3 and 207.7 
(19 CFR 201.6, 207.3 and 207.7), in addition to the general 
requirements for written submissions in Sec.  201.8 of the Commission's 
rules.
    Staff review.--An informal staff review of the public comments 
filed in response to this notice, and the staff's reaction to each 
comment, will be prepared and will be posted in memorandum form on the 
Commission's internet server on the page for ``Harmonized Tariff 
Schedule of the United States'' as soon as is practicable following the 
close of the comment period.

    By order of the Commission.

    Issued: February 3, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-3056 Filed 2-6-03; 8:45 am]
BILLING CODE 7020-02-P