[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76300-76302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31053]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 1205-10]


Recommendations To Modify Chapters 29, 30, 37, and 85 of the 
Harmonized Tariff Schedule of the United States

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation, proposed 
recommendations, and procedures to be followed.

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

SUMMARY: The United States International Trade Commission (Commission) 
is instituting investigation No. 1205-10 for the purpose of making 
recommendations to the President with respect to modifying provisions 
of chapters 29, 30, 37, and 85 of the Harmonized Tariff Schedule of the 
United States (HTS). The goods involved include certain sensitized 
photographic film, video game console controllers, and chemical 
compounds. The Commission's proposed recommendations follow as an annex 
to this notice.

DATES: 
February 22, 2013: Deadline for filing written views on proposed 
Commission recommendations.
April 24, 2013: Transmittal of report to the President containing 
Commission recommendations.

ADDRESSES: All Commission offices are located in the United States 
International Trade Commission Building, 500 E Street SW., Washington, 
DC 20436. 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 investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leaders David G. Michels (202-
205-3440 or [email protected]) or Janis L. Summers (202-205-2605 
or [email protected]) for information specific to this 
investigation. For information on the legal aspects of these 
investigations, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or [email protected]). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or [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 server (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.
    BACKGROUND: Section 1205(a) of the 1988 Act (19 U.S.C. 3005(a)) 
requires that the Commission 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, including to conform the Harmonized Tariff Schedule 
with amendments made to the Harmonized System Convention (to which the 
United States is a signatory) and to promote the uniform application of 
the Harmonized System Convention and particularly the Annex [Protocol] 
thereto, which contains the HS nomenclature structure and accompanying 
legal notes and rules. Section 1205(b)-(c) sets out procedures that the 
Commission must follow in making and reporting recommendations, 
including to provide notice of proposed recommendations to interested 
parties and provide such parties with an opportunity to present their 
views in writing. Section 1205(d) sets forth certain requirements 
regarding the recommendations the Commission is authorized to make to 
the President.
    The Commission is publishing its proposed recommendations in this 
investigation in the annex attached to this notice. Interested parties 
will have until February 22, 2013, to present their views in writing. 
See further instructions below relating to the time, place, and form 
for filing written views, including requirements relating to the 
submission of any confidential business information.
    The modifications being considered by the Commission at this time 
fall into two categories. The first category concerns modifications to 
two HTS chapters inadvertently omitted from Commission consideration 
when the Commission submitted a report to the President in June 2010 in 
investigation No. 1205-7, Proposed Modifications to the Harmonized 
Tariff Schedule of the United States, USITC Publication 4166). That 
investigation involved more than 200 amendments to the HS recommended 
by the WCO to be made effective on January 1, 2012. Most of the changes 
recommended by the WCO were made effective for the United States on 
February 3, 2012, pursuant to Proclamation 8771 of December 29,

[[Page 76301]]

2011 (see annexes thereto published in USITC Publication 4276, December 
2011). This first category of modifications involves the following 
goods:
    (1) Inserting three new HS 6-digit subheadings for sensitized, 
unexposed photographic film in rolls from HTS chapter 37, and
    (2) Providing specifically for cordless video game console 
controllers which use infrared transmissions to operate or access the 
various functions and capabilities of the console in a duty-free tariff 
rate line in chapter 85, following the insertion of a new legal note in 
chapter 95 that excludes these goods from chapter 95.
    The second category of modifications involves certain chemical 
products that are either incorrectly named or incompletely described in 
terms of the chemicals nomenclature of the HS, and others that are 
specified under HTS rate lines that do not cover such products. Based 
on information about their structure and characteristics supplied by 
interested firms, the possible modifications are intended to ensure 
that the affected products can be correctly classified and named in the 
HS/HTS structure. The Commission is seeking input from other federal 
agencies and the public to ensure that no duty rate changes on imported 
goods would result if the following modifications are proclaimed:
    (1) ``1,6-hexanediol bis(3,5-dibutyl-4-hydroxyphenyl)propionate)'' 
would be removed from HTS subheading 2918.99.05 and inserted into 
subheading 2918.29.04;
    (2) ``4,4'-Methylenebis(3-chloro-2,6-diethylaniline); 4,4'-
Methylenebis(2,6-diisopropylaniline)'' would be removed from subheading 
2921.42.36 and inserted into subheading 2921.59.17;
    (3) Subheading 2933.99.87 would be deleted and its product coverage 
and rates of duty would be inserted as new subheading 2933.69.50;
    (4) A technical correction in the chemical name of the sole product 
provided for in subheading 2934.31.18 would be made, deleting from the 
current description ``4,1'' and inserting in lieu thereof ``yl'';
    (5) The chemical ``3-Methylene-7-(2-phenoxyacetamido)-cephan-4-
carboxylic acid, p-nitrobenzyl ester, 1-oxide'' would be deleted from 
subheading 2934.99.03;
    (6) The chemical ``2-Methyl-2,5-dioxo-1-oxa-2-phospholan'' would be 
deleted from subheading 2934.99.70; and
    (7) The words ``modified or'' would be inserted after ``not'' in 
subheading 3002.10.02.
    Information currently available to the Commission indicates that 
the duty rates for the goods involved in the investigation would not be 
affected by the proposed modifications. Input from other federal 
agencies and the public is sought to confirm that no duty rate changes 
on imported goods would result if the modifications contained in the 
proposed recommendations are proclaimed. Copies of liquidated customs 
entries, with confidential information redacted, should be filed with 
any submission asserting that a previously imposed duty rate would 
change if the proposed recommended modifications are proclaimed.
    WRITTEN SUBMISSIONS: Written submissions expressing the views of 
interested parties on the proposed Commission recommendations should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., February 22, 2013. 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 and the Commission's Handbook 
on Filing Procedures require that interested parties file documents 
electronically on or before the filing deadline and submit eight (8) 
true paper copies by 12:00 noon eastern time on the next business day. 
In the event that confidential treatment of a document is requested, 
interested parties must file, at the same time as the eight paper 
copies, at least four (4) additional copies in which the confidential 
information must be deleted (see the following paragraph for further 
information regarding confidential business information). Persons with 
questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any submissions that contain confidential business information 
(CBI) 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. Any 
confidential business information received by the Commission in this 
investigation and used in preparing this report will not be published 
in a manner that would reveal the operations of the firm supplying the 
information.

    By order of the Commission.
     Issued: December 20, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.

Proposed Recommendations for Modifications to the Harmonized Tariff 
Schedule of the United States

    Proposed recommendations for modifications to the Harmonized Tariff 
Schedule of the United States (HTS) that were recommended by the WCO, 
with bracketed material inserted for ease of use and with new 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:
    37-1. Subheadings 3702.91.01 through 3702.95.00 are deleted, and 
the following new subheadings are inserted in lieu thereof:
    [Photographic film in rolls, sensitized, unexposed, of any material 
other than paper, paperboard or textiles; instant print film in rolls, 
sensitized, unexposed:]
    [Other:]

``3702.96.00....................  Of a width not exceeding 35       3.7%  Free                               25%
                                   mm and of a length not                  (A,AU,BH,CA,CL,CO,E,IL,J,J
                                   exceeding 30 m.                         O,KR,MA,MX,OM,P,PA,PE,SG).
3702.97.00......................  Of a width not exceeding 35  .........  Free.......................  38[cent]/
                                   mm and of a length                                                       m\2\
                                   exceeding 30 mm.
3702.98.00......................  Of a width exceeding 35 mm.       3.7%  Free                             25%''
                                                                           (A,AU,BH,CA,CL,CO,E,IL,J,J
                                                                           O,KR,MA,MX,OM,P,PA,PE,SG).
 

    85-1. Subheading 8543.70.92 is redesignated as subheading 
8543.70.93, and the article description of such redesignated subheading 
is modified by inserting at the end thereof the language ``; cordless 
video game console controllers which use infrared transmissions to 
operate or access the various functions and capabilities of the 
console''.
    Proposed recommendations for modifications to the HTS relating to

[[Page 76302]]

chemicals products in the current HTS (these chemical descriptions have 
also appeared in previous editions of the HTS), with bracketed material 
inserted for ease of use and with new 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:
    29-1. (a) Subheading 2918.99.05 is modified by deleting from the 
article description the chemical ``1,6-hexanediol bis(3,5-dibutyl-4-
hydroxyphenyl)propionate)''; and
    (b) Subheading 2918.29.04 is modified by inserting in the article 
description in alphabetical order the chemical ``1,6-hexanediol 
bis(3,5-dibutyl-4-hydroxyphenyl)propionate)''.
    29-2. (a) Subheading 2921.42.36 is modified by deleting from the 
article description the chemical ``4,4'-Methylenebis(3-chloro-2,6-
diethylaniline); 4,4'-Methylenebis(2,6-diisopropylaniline);''; and
    (b) Subheading 2921.59.17 is modified by inserting in the article 
description in alphabetical sequence the chemicals ``4,4'-
Methylenebis(3-chloro-2,6-diethylaniline);'' and
    ``4,4'-Methylenebis(2,6-diisopropylaniline);''
    29-3. (a) Subheading 2933.99.87 is deleted; and
    (b) The following new subheading 2933.69.50 is inserted in 
numerical sequence:
    [Heterocyclic compounds with nitrogen heteroatoms only:]
    [Compounds containing an unfused triazine ring (whether or not 
hydrogenated) in the structure:]

``2933.69.50....................  Hexamethylenetetramine.....       6.3%  Free                             58%''
                                                                           (A,AU,BH,CA,CL,CO,E,IL,J,J
                                                                           O,MA,MX,OM,P,PA,PE,SG)
                                                                           4.2% (KR).
 


    Note:
     Previously proclaimed staged reductions in duty under the 
United States-Korea Free Trade Agreement for subheading 2933.99.87 
would be applied to this provision.

    29-4. Subheading 2934.31.18 is modified by deleting from the 
article description the language ``4,1'' and by inserting ``yl'' in 
lieu thereof.
    29-5. Subheading 2934.99.03 is modified by deleting from the 
article description the chemical ``3-Methylene-7-(2-phenoxyacetamido)-
cephan-4-carboxylic acid, p-nitrobenzyl ester, 1-oxide''.
    29-6. Subheading 2934.99.70 is modified by deleting from the 
article description the chemical ``2-Methyl-2,5-dioxo-1-oxa-2-
phospholan;''.
    30-1. Subheading 3002.10.02 is modified by inserting ``modified 
or'' after ``not'' in the article description.

[FR Doc. 2012-31053 Filed 12-26-12; 8:45 am]
BILLING CODE 7020-02-P