[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Pages 55461-55462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20675]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 1205-6]


Proposed Modifications to the Harmonized Tariff Schedule of the 
United States

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation, request for comments.

-----------------------------------------------------------------------

DATES: Effective September 8, 2004.

SUMMARY: On September 8, 2004, the Commission instituted investigation 
No. 1205-6, Proposed Modifications to the Harmonized Tariff Schedule of 
the United States, pursuant to section 1205 of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 3005). Section 1205 directs the 
Commission to keep the Harmonized Tariff Schedule of the United States 
(HTS) under continuous review and to recommend to the President 
modifications to the HTS (1) when amendments to the International 
Convention on the Harmonized Commodity Description and Coding System 
(Harmonized System), and the Protocol thereto, are recommended by the 
World Customs Organization (WCO) (formerly known as the Customs 
Cooperation Council) for adoption, and (2) as other circumstances 
warrant. The Commission's report will set forth the proposed changes 
and indicate the necessary changes in the HTS that would be needed to 
maintain conformity between the HTS and the International Harmonized 
System. The report will also include other appropriate explanatory 
information on the proposed changes. It may additionally recommend 
modifications to promote uniformity in the application of the HS 
Convention and also in the presentation of the HTS to alleviate 
unnecessary administrative burdens. In accordance with section 1206 of 
the 1988 Act (19 U.S.C. 3006), the President may proclaim the tariff 
modifications recommended by the Commission, following Congressional 
layover and consultation.

FOR FURTHER INFORMATION CONTACT: Eugene A. Rosengarden, Director (202-
205-2592), Office of Tariff Affairs and Trade Agreements, U.S. 
International Trade Commission, Washington, DC 20436. Hearing impaired 
individuals are advised that information on this investigation can be 
obtained by contacting the TDD terminal on (202) 205-1810.
    Background: The majority of the proposed changes included in this

[[Page 55462]]

investigation are the result of the work of the WCO and its Harmonized 
System Committee (HSC) to update and clarify the Harmonized System 
nomenclature, as part of the WCO's long-term program to periodically 
review the nomenclature structure. In accordance with Article 16 of the 
Harmonized System Convention, the WCO has recommended the adoption of 
certain modifications to the (HS). The changes are due to become 
effective in January 2007.
    The Commission plans to prepare and make available a draft 
preliminary report, a preliminary report and a final report. The draft 
preliminary report will be made available to the public on or about 
September 15, 2004, in the Office of the Secretary, Room 112, United 
States International Trade Commission, 500 E Street, SW., Washington DC 
20436 (telephone 202-205-2000), and will also be posted on the 
Commission's Web site, http://www.usitc.gov. The draft preliminary 
report will describe the changes proposed to conform the HTS with the 
WCO's recommendations, and reflect in the HTS certain other decisions 
taken by the HSC.
    To assist the public in understanding the proposed changes and in 
developing comments, the Commission will include, in the draft 
preliminary report, the preliminary report and the final report, a non-
authoritative cross-reference table linking the proposed tariff classes 
to corresponding current tariff classes. Persons using the successive 
versions of this table should be aware that the cross-references shown 
in the Commission's table are subject to change during the course of 
preparing for implementation of the January 2007 changes. The Bureau of 
Customs and Border Protection has domestic legal authority for tariff 
classification and may provide information, both during the course of 
the investigation and after the Commission's final report is submitted, 
that indicates different or additional tariff classifications of some 
goods. Moreover, the WCO Secretariat will eventually issue its own 
advisory cross-reference table between the 2002 HS and the 2007 HS. The 
WCO table may be released by the Commission later in the Commission's 
investigation, along an explanation of differences between the WCO and 
Commission's tables. Such differences typically result from differences 
between the WCO and U.S. classifications of goods.
    The Commission will forward its preliminary report to the United 
States Trade Representative (USTR) on or about February 28, 2005. The 
preliminary report will include proposed modifications to (1) conform 
the HTS to recommended Harmonized System amendments, (2) promote 
uniform application of the Harmonized System by conforming the HTS with 
decisions of the WCO and (3) alleviate administrative burdens, as well 
as other matters that may be recommended. It will take into account 
public comments received by November 1, 2004 (see below). The 
preliminary report will be posted on the Commission's Web site. The 
public is invited to submit any further comments during the subsequent 
30 days; any comments received during that period will be forwarded to 
the USTR.
    In order that it may consider any issues that arise in World Trade 
Organization negotiations regarding the restatement of U.S. tariff 
treatment, the Commission is scheduled to submit its final report to 
the President on March 15, 2006.
    Written Submissions: No public hearing is planned. However, 
interested parties are invited to submit written statements or 
suggestions concerning the matters being addressed by the Commission on 
this investigation. Submissions should be addressed to the Secretary, 
United States International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. To be assured of consideration by the Commission, 
written statements related to the Commission's report should be 
submitted to the Commission at the earliest practical date and should 
be received no later than the close of business on November 1, 2004. 
All written submissions must conform with the provisions of section 
201.8 of the Commission's Rules of Practice and Procedure (19 CFR 
201.8). Section 201.8 of the rules requires that a signed original (or 
a copy designated as an original) and fourteen (14) copies of each 
document be filed. In the event that confidential treatment of the 
document is requested, at least four (4) additional copies must be 
filed, in which the confidential business information must be deleted 
(see the following paragraph for further information regarding 
confidential business information). The Commission's rules do not 
authorize filing submissions with the Secretary by facsimile or 
electronic means, except to the extent permitted by section 201.8 of 
the rules (see Handbook for Electronic Filing Procedures, ftp://ftp.usitc.gov/ pub/reports/electronic-- filing--handbook.pdf). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000 or [email protected].)
    Any submissions that contain confidential business information 
(CBI) must also conform with the requirements of section 201.6 of the 
Commission's rules (19 CFR 201.6). Section 201.6 of the rules requires 
that the cover of the document and the individual pages clearly be 
marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the CBI be clearly identified by means 
of brackets. All written submissions, except for CBI, will be made 
available for inspection by interested parties.
    The Commission may include some or all of the CBI it receives in 
the preliminary and final reports it sends to the President. However, 
the Commission will not publish CBI in the public version of the final 
report in a manner that could reveal the operation of the firm 
supplying the information. The public version of the final report will 
be made available to the public on the Commission's Web site.
    Persons with mobility impairments who will need special assistance 
in gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000. General information concerning the 
Commission may also be obtained by accessing the above mentioned 
Internet site.

List of Subjects

    Tariffs/HTS, Harmonized System, WCO, and Imports.

    By order of the Commission.

    Issued: September 9, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-20675 Filed 9-13-04; 8:45 am]
BILLING CODE 7020-02-P