[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18882-18884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8360]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 1205-8]
Certain Footwear: Recommendations For Modifying the Harmonized
Tariff Schedule of the United States
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and opportunity to
comment on proposed recommendations.
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SUMMARY: Following receipt of a letter from the U.S. Department of the
Treasury (Treasury), the Commission instituted investigation No. 1205-
8, Certain Footwear: Recommendations for Modifying 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), for the
purpose of submitting recommendations to the President regarding the
addition of an Additional U.S. Note and the amendment of certain
classification provisions in Chapter 64 of the Harmonized Tariff
Schedule of the United States (HTS) relating to certain footwear
featuring outer soles of rubber or plastic to which a layer of textile
material has been added.
DATES:
May 14, 2010: Deadline for filing written submissions relating to
proposed HTS changes requested by Department of Treasury.
May 28, 2010: Preliminary Commission report containing proposed
recommendations posted on the Commission Web site at http://www.usitc.gov/tariff_affairs/modifications_hts.htm.
June 25, 2010: Deadline for filing written submissions to be
included in final recommendations.
July 12, 2010: Transmittal of final recommendations to the
President.
ADDRESSES: All Commission offices are located in the United States
International Trade Commission Building, 500 E Street, SW., Washington,
DC. All written submissions should be addressed to the Secretary,
United States International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. The public record for this collection of
proposals may be viewed on the Commission's electronic docket (EDIS) at
http://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Donnette Rimmer, Nomenclature Analyst
(202-205-0663, [email protected]), or Janis L. Summers,
Attorney Advisor (202-205-2605, [email protected]), of the Office
of Tariff Affairs and Trade Agreements (fax 202-205-2616). The media
should contact Margaret O'Laughlin, Office of External Affairs (202-
205-1819, [email protected]). Hearing impaired individuals
may obtain information on this matter by contacting the Commission's
TDD terminal at 202-205-1810. General information concerning the
Commission may also be obtained by accessing its Internet Web site
(http://www.usitc.gov). 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.
[[Page 18883]]
Background: Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the 1988 Act) (19 U.S.C. 3005(a)) provides
that the Commission shall keep the HTS under continuous review and
periodically recommend to the President such modifications in the HTS
as the Commission considers necessary or appropriate to accomplish five
general objectives. Among these stated objectives, section 1205(a)(2)
of the 1988 Act directs the Commission to consider changes to the HTS
to promote the uniform application of the Harmonized System Convention
and particularly the Protocol thereto, which contains the Harmonized
System nomenclature structure and accompanying legal notes. Section
1205(a)(4) directs the Commission to consider changes to the HTS to
alleviate unnecessary administrative burdens. Subsections (b) through
(d) of section 1205 describe the procedures the Commission is to follow
in formulating recommendations, including with respect to soliciting
and considering views of interested Federal agencies and the public.
Section 1205(b)(1) requires that the Commission give notice of proposed
recommendations and afford reasonable opportunity for interested
parties to present their views in writing.
In a letter dated January 15, 2010, from Timothy E. Skud, Deputy
Assistant Secretary of the Treasury for Tax, Trade, and Tariff Policy,
Treasury asked that the Commission conduct an investigation under
section 1205 for the purpose of making recommendations to the President
regarding the addition of an Additional U.S. Note and the amendment of
certain classification provisions in Chapter 64 of the HTSUS relating
to certain footwear featuring outer soles of rubber or plastics to
which a layer of textile material has been added. The letter included
Treasury's proposed language for an Additional U.S. Note and proposed
changes in various U.S. tariff rate lines at the 8-digit level that
take into account decisions of the Harmonized System Committee of the
World Customs Organization (WCO) on the classification of particular
footwear for purposes of the Harmonized System. Treasury's letter
provided additional background on the tariff classification of footwear
and relevant decisions of U.S. Customs and Border Protection (Customs)
and noted the decisions that are the basis of Treasury's request. A
copy of Treasury's letter is being posted on the Commission's Web site
at http://www.usitc.gov.
The Harmonized Commodity Description and Coding System (HS)
nomenclature, which is maintained by the WCO, provides a uniform
structural basis for the customs tariffs and statistical nomenclatures
of all major trading countries of the world, including the United
States. The HS establishes the broadest principles of classification
and levels of categories in the HTS, comprising the General Rules of
Interpretation, Section and Chapter titles, Section and Chapter legal
notes, and heading and subheading texts to the 6-digit level of detail.
Additional U.S. Notes, further subdivisions (8-digit subheadings and
10-digit statistical annotations) and statistical notes, as well as the
entirety of chapters 98 and 99 and several appendixes, are national
legal and statistical detail added for the administration of the U.S.
tariff and statistical programs and are not part of the international
HS.
An up-to-date copy of the HTS, which incorporates the international
HS in its overall structure, can be found on the Commission's Web site
(http://www.usitc.gov/tata/hts/bychapter/index.htm). Hard copies and
electronic copies on CD can be found at many of the 1,400 Federal
Depository Libraries located throughout the United States and its
territories; further information about these locations can be found at
http://www.gpoaccess.gov/fdlp.html or by contacting GPO Access at the
Government Printing Office at this telephone number: 866-512-1800.
The Commission will prepare a preliminary report containing
proposed recommendations in order to provide notice to the public of
potential HTS changes and to solicit comment and input. In preparing
these proposed recommendations, the Commission will take into account
Treasury's request, as well as all other appropriate legal and
technical considerations relating to HTS Chapter 64, and will include
where appropriate the input submitted by other agencies and interested
parties. The Commission will post its preliminary report containing the
proposed recommendations on its Web site at http://www.usitc.gov/tariff_affairs/modifications_hts.htm by May 28, 2010. The preliminary
report will also include a non-authoritative cross-reference table
prepared by Commission staff that will show the likely existing and
future tariff classifications of the goods concerned. Any additional
submissions from other agencies and the public based on the preliminary
report must be filed by June 25, 2010, in order to be taken into
account. The Commission will then prepare its final report and
recommendations to submit to the President. Interested parties should
be aware that Customs has domestic legal authority for tariff
classification and that Customs may provide information, both before
and after the proposed recommendations are posted, that indicates
different or additional tariff classifications of some goods. Thus, the
classifications that appear in the Commission's cross-reference table
are subject to change during the investigation.
Written submissions should be filed in accordance with the
procedures below. Interested parties should take into account the
classification of the merchandise concerned under the international
Harmonized System as well as domestic decisions and seek to further the
goals set out by section 1205 of the 1988 Act and the Harmonized System
Convention. No proposals for changes to existing U.S. rates of duty or
to 10-digit statistical annotations or notes will be considered by the
Commission during its review. However, the Commission will examine
information concerning the rates of duty currently utilized by
importers in liquidated and undisputed entries of specific footwear
that is the subject of this investigation. The changes in the HTS that
may result from this investigation are not intended to alter current
tariff rates but instead are intended to ensure that existing tariff
rates continue to be applicable following the implementation of new
U.S. tariff provisions.
Written Submissions: Interested parties and agencies are invited to
file written submissions relating to the recommendations that the
Commission should propose based on Treasury's request. They may also
file, following the posting of the Commission's proposed
recommendations, submissions relating to the recommendations that the
Commission must submit to the President. All written submissions should
be addressed to the Secretary. Written submissions relating to
Treasury's request should be received no later than May 14, 2010, and
those relating to the final recommendations the Commission should
submit to the President should be received no later than June 25, 2010.
Submissions should refer to ``Investigation No. 1205-8'' in a prominent
place on the cover page and/or the first page. 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 requires
that a signed original (or a copy so designated) and fourteen (14)
copies of each document be filed. In the event that confidential
treatment of a document is requested, at least four (4)
[[Page 18884]]
additional copies must be filed, in which the confidential information
must be deleted (see the following paragraph for further information
regarding confidential business information). The Commission's rules
authorize filing submissions with the Secretary by facsimile or
electronic means only to the extent permitted by section 201.8 of the
rules (see Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons with questions regarding
electronic filing should contact the Secretary (202-205-2000).
Any submissions that contain confidential business information must
also conform with the requirements of section 201.6 of the Commission's
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the
rules requires that the cover of the document and the individual pages
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information
be clearly identified by means of brackets. All written submissions,
except for confidential business information, will be made available
for inspection by interested parties. Confidential business information
received in the proposals may be made available to Customs and Census
during the examination of these proposals. The Commission will not
otherwise publish or release any confidential business information
received, nor release it to other government agencies or other persons.
By order of the Commission.
Issued: April 8, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-8360 Filed 4-12-10; 8:45 am]
BILLING CODE 7020-02-P