[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6982-6984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3395]


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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: Notice.

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SUMMARY: Pursuant to authority delegated to the United States Trade 
Representative (``USTR'') in Presidential Proclamation 6969 of January 
27, 1997 (62 FR 4415), USTR is making technical corrections to 
subchapter III of chapter 99 of the Harmonized Tariff Schedule of the 
United States (``HTS'') as set forth in the annex to this notice. These 
modifications correct several inadvertent errors and omissions in 
subheadings 9903.72.30 through 9903.74.24 of the HTS so that the 
intended tariff treatment is provided.

EFFECTIVE DATE: The corrections made in this notice are effective with 
respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the dates set forth in the annex to this 
notice.

FOR FURTHER INFORMATION CONTACT: Office of Industry, Office of the 
United States Trade Representative, 600 17th Street, NW., Room 501, 
Washington, DC 20508. Telephone (202) 395-5656.

SUPPLEMENTARY INFORMATION: On March 5, 2002, pursuant to section 203 of 
the Trade Act of 1974, as amended (the ``Trade Act'') (19 U.S.C. 2253), 
the President issued Proclamation 7529 (67 FR 10553), which imposed 
tariffs and a tariff-rate quota on (a) certain flat steel, consisting 
of: slabs, plate, hot-rolled steel, cold-rolled steel, and coated 
steel; (b) hot-rolled bar; (c) cold-finished bar; (d) rebar; (e) 
certain tubular products; (f) carbon and alloy fittings; (g) stainless 
steel bar; (h) stainless steel rod; (i) tin mill products; and (j) 
stainless steel wire, as provided for in subheadings 9903.72.30 through 
9903.74.24 of the Harmonized Tariff Schedule of the United States 
(``HTS'') (``safeguard measures'') for a period of three years plus 1 
day. Effective with respect to goods entered, or withdrawn from 
warehouse for consumption, on or after 12:01 a.m., e.s.t., on March 20, 
2002, Proclamation 7529 modified subchapter III of chapter 99 of the 
HTS so as to provide for such increased duties and a tariff-rate quota. 
Proclamation 7529 also delegated to the USTR the authority to consider 
requests for exclusion of a particular product submitted in accordance 
with the procedures set out in 66 FR 54321, 54322-54323 (October

[[Page 6983]]

26, 2001) and, upon publication in the Federal Register of a notice of 
his finding that a particular product should be excluded, to modify the 
HTS provision created by the annex to that proclamation to exclude such 
particular product from the pertinent safeguard measure. On April 5, 
2002, USTR published a notice in the Federal Register excluding 
particular products from the safeguard measures, and modified the HTS 
accordingly. 67 FR 16484. On July 3, the President issued Proclamation 
7576, which extended the period for granting exclusions until August 
31, 2002. On July 12, 2002, and August 30, 2002, USTR published notices 
in the Federal Register excluding additional products from the 
safeguard measures, and modified the HTS accordingly. 67 FR 46221 and 
67 FR 56182.
    On March 19, 2002, June 4, 2002, July 12, 2002, August 30, and 
November 14 of 2002, USTR published Federal Register notices (67 FR 
12635, 67 FR 38541, 67 FR 46221, 67 FR 56182 and 67 FR 69065, 
respectively) making technical corrections to subchapter III of chapter 
99 of the HTS to remedy several technical errors introduced in the 
annex to Proclamation 7529. These corrections ensured that the intended 
tariff treatment was provided. Since the publication of these Federal 
Register notices, additional technical errors and omissions in 
subchapter III of chapter 99 have come to the attention of USTR. The 
annex to this notice makes technical corrections to the HTS to remedy 
these errors and omissions. In particular, the annex to this notice 
corrects errors in the descriptions of the physical dimensions or 
chemical composition of certain products excluded from the application 
of the safeguard measures.
    Proclamation 6969 authorized the USTR to exercise the authority 
provided to the President under section 604 of the Trade Act of 1974 
(19 U.S.C. 2483) to embody rectifications, technical or conforming 
changes, or similar modifications in the HTS. Under authority vested in 
the USTR by Proclamation 6969, the rectifications, technical and 
conforming changes, and similar modifications set forth in the annex to 
this notice shall be embodied in the HTS with respect to goods entered, 
or withdrawn from warehouse for consumption, on or after the dates set 
forth in the Annex to this notice.

Robert B. Zoellick,
United States Trade Representative.

ANNEX

    Subchapter III of chapter 99 of the Harmonized Tariff Schedule 
(HTS) is modified as set forth in this annex, with bracketed matter 
included to assist in the understanding of the modifications. The 
following provisions supersede matter now in the HTS, with the new 
subheadings being inserted by this notice set forth in columnar format 
and the material inserted in the HTS columns entitled ``Heading/
Subheading'', ``Article Description'', ``Rates of Duty 1 General'', 
``Rates of Duty 1 Special'', and ``Rates of Duty 2'', respectively. 
Subheadings 9903.73.32 and 9903.73.33 shall be effective with respect 
to goods entered, or withdrawn from warehouse for consumption, on or 
after 12:01 a.m. e.d.t., July 12, 2002. The remaining provisions of 
this annex shall be effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after 12:01 a.m. 
e.s.t., on March 20, 2002, or, in the case of corrections in existing 
provisions, on or after the date of the inclusion in, or of the 
previous correction of, the individual HTS provision being corrected.
    1. U.S. note 11 to such subchapter III is hereby modified as 
follows:
    (A) In subdivision (c)(xxx)(J), ``N'' is deleted at each instance 
and ``N/mm2;'' is inserted in lieu thereof;
    (B) In subdivision (c)(xxxix), the language ``during the 12-month 
period beginning on July 3, 2002, or July 3, 2003, or during the period 
July 3, 2004, through March 20, 2005, inclusive;'' is inserted after 
``30,000'';
    (C) In subdivision (c)(ccvii), ``designated as X-083'' is inserted 
after ``, inclusive;'';
    (D) Subdivision (c)(cliv) is deleted and the following new 
provisions are inserted in lieu thereof:
    ``(cliv) Stainless steel products, designated as N-378, meeting the 
characteristics described below:
    (A) Straight bars and rods, or round wire on spools or in coils, 
all the foregoing specifications:
    (I) Chemical composition (percent by weight): carbon not over 0.08, 
silicon not over 0.70, manganese not over 0.50, chromium 20.50 to 
23.50, aluminum 5.0 to 6.0 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Kanthal APM.'';
    (II) Chemical composition (percent by weight): carbon not over 
0.08, silicon not over 0.70, manganese not over 0.50, chromium 20.50 to 
23.50, aluminum 4.30 to 5.30 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Kanthal D'';
    (III) Chemical composition (percent by weight): carbon not over 
0.08, silicon not over 0.07, manganese not over 0.40, chromium 20.50 to 
23.50, aluminum 4.80 to 5.8 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Kanthal AF''; or
    (IV) Chemical composition (percent by weight): carbon not greater 
than 0.08, silicon not greater than 0.70, manganese not greater than 
0.40, aluminum 5.30 to 6.30, chromium 20.50 to 23.50 and balance iron; 
sometimes referred to as (but not limited to) products known as 
``Kanthal A-1''; or
    (V) Chemical composition (percent by weight): carbon not over 0.10, 
manganese not over 1.00, silicon 1.60 to 2.50, chromium 18.0 to 21.0, 
nickel 34.0 to 37.0 and balance iron; sometimes referred to as (but not 
limited to) products known as ``Nikrothal 40'';
    (B) Round wire on spools or in coils, the specifications:
    (I) Chemical composition (percent by weight): carbon not over 0.08, 
silicon not over 0.70, manganese not over 0.50, chromium 20.50 to 
23.50, aluminum 4.60 to 5.60 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Kanthal DT'';
    (II) Chemical composition (percent by weight): carbon not over 
0.08, silicon not over 0.70, manganese not over 0.50, chromium 20.50 to 
23.50, aluminum 4.80 to 5.80 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Kanthal A''; or
    (III) Chemical composition (percent by weight): carbon not over 
0.08, silicon not over 0.70, manganese not over 0.50, chromium 14.00 to 
16.00, aluminum 3.80 to 4.80 and balance iron; sometimes referred to as 
(but not limited to) products known as ``Alkrothal 14'';
    (E) In subdivision (c)(xxviii)(A), ``397 MPa or more'' is deleted 
and ``335 to 420 MPa'' is inserted in lieu thereof; ``450 MPa or more'' 
is deleted and ``385 to 465 MPa'' is inserted in lieu thereof;
    (F) In subdivision (c)(xxiv)(B), the word ``maximum'' should be 
inserted after ``manganese 0.40'' the word ``maximum'' should be 
inserted after ``chromium 5.40'' and the word ``maximum'' should be 
inserted after ``molybdenum 1.70'';
    (G) In subdivision (c)(xxiv)(C), the word ``maximum'' should be 
inserted after ``molybdenum 0.65'';
    (H) In subdivision (c)(xxiv)(D), the word ``maximum'' should be 
inserted after ``molybdenum 3.50'';

[[Page 6984]]

    (I) In subdivision (c)(xxiv)(E), the word ``maximum'' should be 
inserted after ``molybdenum 0.80'';
    (J) In subdivision (c)(xxiv)(F), the word ``maximum'' should be 
inserted after ``molybdenum 0.40'';
    (K) In subdivision (c)(cxxiii), the word ``silicon'' is deleted and 
``sulfur'' is inserted in lieu thereof;
    (L) In subdivision (c)(cxlviii), each instance of ``0.25 percent or 
more but'' should be deleted;
    (M) In subdivision (c)(lx)(A), the phrase ``sulphur 0.15 maximum'' 
is deleted and ``sulfur 0.15 minimum'' is inserted in lieu thereof and 
the phrase ``tellurium added 0.03 minimum'' is deleted and ``tellurium 
added 0.010 to 0.070'' is inserted in lieu thereof;
    2. The enumerated subheadings in such subchapter III are modified 
as follows:
    (A) In subheading 9903.72.51, ``or N-408'' should be inserted after 
``X-134'';
    (B) In subheading 9903.72.72, ``or N-408'' should be inserted after 
``X-134'';
    (C) In subheading 9903.72.74, the language ``and entered in an 
aggregate annual quantity not to exceed 750,000 t'' should be inserted 
after ``X-087''
    (D) In subheading 9903.73.30, ``(A) and (B)'' is inserted after `` 
11(b)(xliv)''
    (E) In subheading 9903.75.22, the language ``and entered in an 
aggregate annual quantity not to exceed 1,550 t'' should be inserted 
after ``subchapter'';
    (F) In subheading 9903.77.69, the language ``and entered in an 
aggregate annual quantity not to exceed 1,500 t'' should be inserted 
after ``subchapter'';
    (G) Subheading 9903.77.71 is deleted;
    (H) Subheading 9903.73.47 is deleted;
    3. The following new subheadings are inserted in numerical 
sequence:

                [Flat-rolled...:]                                                          .....................
                [Goods...:]                                                                .....................
 ``9903.73.32        Enumerated in U.S.     No change.............  No change............  No change.
                      note 11(b)(xliv)(C)
                      to this subchapter
                      and entered in an
                      aggregate annual
                      quantity not to
                      exceed 36,000 t.
   9903.73.33        Enumerated in U.S.     No change.............  No change............  Nochange.
                      note 11(b)(xliv)(D)
                      to this subchapter
                      and entered in an
                      aggregate annual
                      quantity not to
                      exceed 40,000 t.
                [Goods...:]
   9903.74.59      Enumerated in U.S. note  No change.............  No change............  No change.
                    11(c)(cxviii) to this
                    subchapter.
   9903.74.60      Enumerated in U.S. note  No change.............  No change............  No change.
                    11(c)(cxix) to this
                    subchapter.
   9903.76.23      Enumerated in U.S. note  No change.............  No change............  No change''.
                    11(c)(cxl) to this
                    subchapter.
 
 Conforming changes
    Subheading 9903.72.57 is modified by deleting ``9903.74.58'' and by inserting in lieu thereof
     ``9903.74.60''.
    Subheading 9903.73.18 is modified by deleting ``9903.76.22'' and by inserting in lieu thereof
     ``9903.76.23''.

[FR Doc. 03-3395 Filed 2-10-03; 8:45 am]
BILLING CODE 3190-01-P