Harmonized Tariff Schedule: Technical corrections,

[Federal Register: June 18, 1999 (Volume 64, Number 117)]

[Notices]

[Page 32915-32919]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18jn99-107]

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: Technical corrections to the Harmonized Tariff Schedule of the United States.

SUMMARY: The United States Trade Representative (the USTR) is modifying the Harmonized Tariff Schedule of the united States (HTS) as set forth in the annex to this notice, pursuant to authority granted by Congress to the President in section 604 of the Trade Act of 1974 (Trade Act) and delegated to the USTR in Presidential Proclamation No. 6969 of January 27, 1997 (62 FR 4415). These modifications will correct errors resulting from various proclamations, make conforming changes that were inadvertently omitted from prior actions, correct typographical errors and make technical rectifications to the HTS to ensure that the intended tariff treatment is accorded to the products at issue.

ADDRESSES: Office of the United States Trade Representative, 600 17th Street, NW, Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT: Barbara Chattin, Director for Tariff Affairs, (202) 395-5097, or William Busis, Associate General Counsel, (202) 395-3150.

[[Page 32916]]

Explanation of Technical Corrections

This notice makes several technical corrections to and rectifications of the HTS to remedy omissions, misspellings, or other errors included in previously issued proclamations, or to make conforming changes in HTS provisions to reflect previously proclaimed modifications to the HTS and to otherwise rectify the HTS to ensure that the previously proclaimed tariff treatment is accorded. The modification made in each provision of the annex is explained in turn.

The action designated as section A modifies the HTS effective on 1/ 1/89 to correct a typographical error.

The action designated as section B modifies the HTS effective on 6/ 7/91 by deleting obsolete provisions proclaimed pursuant to an action under section 201 of the Trade Act (on wood shakes and shingles) set forth in Proclamation 5498 of June 6, 1986. The date of the termination of the temporary duty increases was June 6, 1991.

The action designated as section C modifies the HTS effective on 1/ 1/94 to correct an omission in a Federal Register notice of December 29, 1997. The notice redesignated subparagraph (d) of U.S. note 3 to subchapter II of chapter 98 as subparagraph (e), but it failed to modify the article description of subheading 9802.00.60 which refers to ``U.S. note 3(d)''.

The action designated as section D modifies the HTS effective on 1/ 1/95 (to correct actions originally proclaimed in Proclamation 6763 of December 23, 1994 (Uruguay Round Proclamation)) as follows: The action in subparagraph (1) deletes the sugar quota quantities set forth in additional U.S. note 7(a)(i) of chapter 17, as the quantities do not accurately reflect the quotas, which are established and published in the Federal Register by USDA and USTR for each fiscal year.

The action in subparagraph (2) deletes the chemical name ``4,4- Benzidine-2,2'-disulfonic acid'' from subheading 2921.42.36. The current provision is both an erroneous spelling and inappropriate tariff classification of that chemical. The correct spelling for the chemical is ``4,4'-Benzidine-2,2'-disulfonic acid.'' This chemical is already provided for in the appropriate subheading 2921.59.17 with no change in duty rate.

The action in subparagraph (3) corrects the nomenclature of the HTS to properly provide for the classification of a chemical ``dl-Hydroxy analog of dl-methionine''. The chemical is currently provided for in subheading 2930.90.70, which provides duty-free treatment for this chemical and other chemical that in the hierarchal system of the HTS are defined as not being acids. However, ``dl-Hydroxy * * *'' is an acid and should be classified in subheading 2930.90.45. To continue to provide for duty-free treatment for this chemical, subheadings 2930.90.45 and subheading 2930.90.70 are modified to properly classify this chemical.

The action in subparagraph (4) corrects a typographical error.

The action in section E modifies the HTS effective on 1/1/96 (to correct actions originally proclaimed in Proclamation 6857 of December 11, 1995) as follows: The action in subparagraph (1) corrects a typographical error.

The action in subparagraph (2) corrects an omission of a conforming change in the article description of subheading 8540.99.40. The proclamation renumbered subheadings 8540.41 through 8540.49 as 8540.71 through 8540.79, but failed to modify the article description of subheading 8540.99.40, which refers to ``subheadings 8540.41 through 8540.49''.

The action designated as section F modifies the HTS effective on 7/ 15/96 by deleting provisions of an action under section 301 of the Trade Act (concerning an EC meat hormone directive) set forth in Proclamation 5759 of December 24, 1987. The USTR terminated these actions effective July 15, 1996 when the United States initiated proceedings in the World Trade Organization (WTO) to pursue the issue.

The action designated as section G modifies the HTS effective on 10/31/96 to correct an omission of a conforming change in the language of general note 15(e). Proclamation 6948 of October 29, 1996 modified the HTS by providing for six additional subheadings 9903.52.21 through 9903.52.26 following 9903.52.20 but failed to modify general note 15(e), which refers to ``subheadings 9903.52.00 through 9903.52.20, inclusive.''.

The action designated as section H modifies the HTS effective on 5/ 31/97 to provide for Generalized System of Preference (GSP) status for Least Developed Beneficiary Developing Countries (LDBDC) in the Rates of Duty-1 Special subcolumn for subheading 2930.90.49. Section D(3) of this annex, effective January 1, 1995, renumbers subheading 2930.90.45 as 2930.90.49. Subheading 2930.90.45 was granted GSP LDBDC preferential status on May 31, 1997. This section continues the same preferential treatment to subheading 2930.90.49.

The action designated as section I modifies the HTS effective on 7/ 1/97 to correct an error in the Rates of Duty-1 Special subcolumn for subheading 8507.90.75. Proclamation 7011 of June 30, 1997 modified the HTS by subdividing subheading 8504.90.70 into subheadings 8504.90.65 and 8504.90.75. Subheading 8504.90.75 was indicated incorrectly as being eligible for duty-free treatment under the Agreement on Trade in Civil Aircraft. Subheading 8504.90 is not covered by that Agreement.

The action designated as section J modifies the HTS effective on 1/ 1/98 to delete obsolete provisions in subchapter VI of chapter 99. These provisions provided for temporary duty-free treatment for Mexican NAFTA goods for subheadings in chapters 1 through 97 which were subject to Mexican NAFTA staging. On 1/1/98 the appropriate subheadings in chapter 1 through 97 became free of duty for Mexico under NAFTA.

The action designated as section K modifies the HTS effective on 8/ 1/98 to correct an omission of a conforming change. Proclamation 7113 of July 1, 1998 deleted subheadings 9906.55.02 and 9906.56.01, which made U.S. notes 26 to 27 to subchapter VI of chapter 99unnecessary.

The action designated as section L modifies the HTS effective on 12/3/98 to correct an omission of a conforming change in the Rates of Duty-1 Special subcolumn for subheadings 9603.10.50 and 9603.10.60. Proclamation 7154 of December 3, 1998 terminated the temporary duties on imports of broom corn brooms and restored Normal Trade Relations (NTR) and NAFTA treatment, but failed to restore explicitly the duty- free treatment under CBERA, Andean Trade Preference Act and for the LDBDC's under GSP.

The action designated as section M modifies the HTS effective on 1/ 1/99as follows: The action in subparagraph (1) deletes provisions and countries in general note 4(d) which are no longer valid as country exclusions under the GSP because the provisions became NTR free on 1/1/ 99. All special program preferences for such provisions pursuant to general note 3(c)(iv) of the HTS have been deleted.

The action in subparagraph (2) modifies additional U.S. note 3 to chapter 2 to reflect the status of Argentina and Uruguay as being eligible to import certain quota amounts of beef.

The action in subparagraph (3) corrects an omission of a conforming change. Proclamation 7011 of June 30, 1997 modified the nomenclature of the HTS for certain subheadings, but failed

[[Page 32917]]

to modify additional U.S. note 1 to chapter 84 to reflect the modifications.

The action in subparagraph (4) deletes obsolete provisions in subchapter VI of Chapter 99. These provisions provided for temporary duty-free treatment for Mexican NAFTA goods for subheadings in chapters 1 through 97 which were subject to Mexican NAFTA staging. On 1/1/99the appropriate subheadings in chapter 1 through 97 became free of duty for Mexico under NAFTA.

The action in subparagraph (5) deletes obsolete provisions in subchapter VII of chapter 99. These provisions provided for temporary duty-free or reductions of the NTR rate for subheadings in chapters 1 through 97 which were subject to Uruguay Round staging. On 1/1/99the NTR rate for the appropriate subheadings in chapter 1 through 97 became equivalent to the provision in subchapter VII of chapter 99, thereby making the provisions in chapter 99unnecessary.

The action designated as section N modifies the HTS, effective upon publication of this notice, to reclassify and continue to provide duty- free treatment to certain PC/TV printed circuit boards. Proclamation 7011 of June 30, 1997 provided duty-free treatment for the subject PC/ TV printed circuit boards (cards). Pursuant to previous rulings, Customs has classified the subject PC/TV cards in subheading 8473.30.40 (now subheading 8473.30.10) as accessories of automatic data processing machines. It has since been concluded, however, that the PC/TV cards should instead be classified in subheading 8528.12.96. This action will continue the duty-free treatment currently provided these products. Ambassador Charlene Barshefsky, United States Trade Representative.

Annex--Technical Rectifications to the Harmonized Tariff Schedule of the United States (``HTS'')

Effective on the dates as listed in this Annex, the HTS is modified as provided for in the sections of this Annex.

Section A. Effective January 1, 1989, the article description of heading 7314.00 is modified by deleting ``Stranded wire cables, plaited bands'' and inserting ``Stranded wire, cables, plaited bands'' in lieu thereof.

Section B. Effective June 7, 1991, subchapter III to chapter 99 is modified by deleting subheadings 9903.44.10, 9903.44.24, 9903.44.28 and 9903.44.32 and the superior text to subheading 9903.44.10 which reads ``Wood shingles and shakes of western red cedar provided for in subheading 4418.50:''.

Section C. Effective January 1, 1994, the article description of subheading 9802.00.60 is modified by deleting ``defined in note 3(d) of this subchapter'' and inserting ``defined in note 3(e) of this subchapter'' in lieu thereof.

Section D. Effective January 1, 1995:

(1) Additional U.S. note 7(a)(i) to chapter 17 of the HTS is modified by deleting ``, not less than 1,117,195 metric tons,'' and by deleting ``, not less than 22,000 metric tons,''.

(2) The article description of subheading 2921.42.36 is modified by deleting the chemical name ``4,4-Benzidine-2,2'-disulfonic acid''.

(3) The HTS is modified by deleting subheadings 2930.90.45 and 2930.90.70 and inserting the following as provided in this paragraph. These provisions supersede matter now in the HTS. Bracketed matter is included to assist in the understanding of proclaimed modifications. The subheadings and superior text are set forth in columnar format, and material in such columns is inserted in the columns of the HTS designed ``Heading/Subheading'', ``Article Description'', ``Rates of Duty 1 General'', ``Rates of Duty 1 Special'', and ``Rates of Duty 2'', respectively.

[Orange-sulfur compounds:] [Other:] [Other:] [Other:] ``Acids: 2930.90.46

dl-Hydroxy

Free

...................................... 25% analog of dl-methionine. 2930.90.49

Other........... 4.2%

Free (CA, E, IL, J, K, MX)

25%'' [Other:] ``2930.90.7

Dibutylthiourea. Free

...................................... 25%'' 1

(4) The Intermediate Chemicals For Dyes Appendix to the HTS is modified by deleting ``Benzeneamine, 2-(triflouromethyl)-'' and inserting ``Benezeneamine, 2-(trifluoromethyl)-'' in lieu thereof.

Section E. Effective January 1, 1996:

(1). Note 7(A) to chapter 48 of the HTS is modified by deleting ``Headings 4801, 4802, 4804 to 4808 and 4811'' and inserting ``Headings 4801, 4802, 4804 to 4808, 4810 and 4811'' in lieu thereof.

(2) The article description of subheading 8540.99.40 is modified by deleting ``of subheadings 8540.41 through 8540.49'' and inserting ``of subheadings 8540.71 through 8540.79'' in lieu thereof.

Section F. Effective July 15, 1996, subchapter III of chapter 99 is modified by:

(1) Deleting ``subheadings 9903.23.10, 9903.23.14, and 9903.23.18,'' from the language of U.S. note 5; and

(2) Deleting subheadings 9903.23.00 through 9903.23.35, inclusive, including the superior text to subheading 9903.23.00 and the superior to subheading 9903.23.17.

Section G. Effective October 31, 1996, general note 15(e) to the HTS is modified by deleting ``9903.52.20'' and inserting ``9903.52.26'' in lieu thereof.

Section H. Effective May 31, 1997, the Rates of Duty 1-Special subcolumn for subheading 2930.90.49 is modified by inserting the symbol ``A+,'', in alphabetical order, in the parentheses following the ``Free'' rate of duty in such subcolumn.

Section I. Effective July 1, 1997, the Rates of Duty 1-Special subcolumn for subheading 8504.90.75 is modified by deleting the symbol ``C,'' in the parentheses following the ``Free'' rate of duty in such subcolumn.

Section J. Effective January 1, 1998, subchapter VI to chapter 99is modified by:

(1) Deleting the following subheadings:

9906.29.03 9906.29.21 9906.29.22 9906.29.23 9906.29.33 9906.64.01 9906.87.03 9906.87.04

(2) Deleting the superior text to subheading 9906.87.01 which reads ``Provided for in subheading 8704.10.50, 8704.22.50, 8704.23.00, 8704.32.00 or 8704.90.00:'' and inserting ``Provided for in subheading 8704.22.50, 8704.23.00, 8704.32.00 or 8704.90.00:'' in lieu thereof.

(3) Deleting the superior text to subheading 9906.87.03 which reads ``Provided for in subheading 8704.21.00 or 8704.31.00:''.

Section K. Effective August 1, 1998, subchapter VI to chapter 99 is modified by deleting U.S. notes 26 and 27.

Section L. Effective December 3, 1998, the Rates of Duty 1- Special subcolumn for subheadings 9603.10.50 and 9603.10.60 is modified by inserting, in alphabetical order, the symbols ``A+'', ``E'' and ``J'' in the parentheses following the ``Free'' rate of duty in such subcolumn.

Section M. Effective January 1, 1999:

(1) General note 4(d) to the HTS is modified, by deleting the following provisions and the countries set out opposite such provisions:

0303.77.00 Argentina 0304.20.50 Argentina 1604.16.10 Argentina 1605.10.20 Thailand 2608.00.00 Peru 2811.19.30 India 2825.90.75 India 2829.90.05 India 2829.90.25 India 2901.10.30 India 2901.29.50 India; South Africa 2902.50.00 India 2906.13.10 India 3302.10.10 Argentina; India 3302.10.20 Argentina; India 3302.90.10 Argentina; India

[[Page 32918]]

3302.90.20 India 3303.00.20 India 3303.00.30 Argentina; India 3304.10.00 India 3304.20.00 Argentina; India 3304.30.00 India 3304.91.00 India 3304.99.50 Argentina; India 3305.10.00 Argentina; India 3305.20.00 India 3305.30.00 India 3305.90.00 Argentina; India 3306.10.00 India 3306.20.00 India 3306.90.00 India 3401.11.10 Argentina; India 3401.11.50 India 3401.19.00 India 3401.20.00 India 3405.10.00 India 3405.20.00 India 3405.30.00 India 3405.40.00 India 3405.90.00 India 3406.00.00 India 3507.90.70 India 3822.00.50 Argentina; India 4015.11.00 Thailand 4016.99.30 Thailand 4016.99.35 Thailand 4107.29.30 Argentina 4107.29.60 Argentina 4303.90.00 Argentina 4409.10.40 Chile 4410.11.00 Argentina 4410.19.00 Argentina 4411.11.00 Argentina; Brazil 4411.19.20 Brazil 4411.21.00 Brazil 4411.29.60 Brazil 4412.13.05 Indonesia 4412.22.50 Indonesia 4421.90.50 Brazil 6406.10.65 Brazil; Dominican Republic 6406.99.60 Argentina 7206.90.00 Trinidad and Tobago 7401.10.00 India 7402.00.00 Chile 7419.99.50 Argentina 8413.91.90 Argentina 8414.30.80 Brazil 8419.90.20 Brazil 8422.30.90 Argentina 8429.11.00 Brazil 8429.20.00 Brazil 8429.30.00 Brazil 8431.49.10 Argentina 8431.49.90 Brazil 8471.49.29 Thailand 8471.60.35 Indonesia 8471.60.45 Thailand 8479.20.00 Argentina 8521.10.60 Thailand 8524.31.00 Argentina 8524.32.00 Argentina 8524.60.00 Argentina 8524.91.00 Argentina 8528.12.04 Indonesia 8802.30.00 Brazil 9006.62.00 Thailand 9018.11.60 Argentina 9018.90.10 Argentina 9018.90.80 Dominican Republic; Pakistan 9025.11.20 India 9401.30.40 Croatia; Slovenia 9401.61.40 Croatia; Slovenia

Section M. Effective January 1, 1999 (con.):

(1) General note 4(d) to the HTS is modified, by deleting the following provisions and the countries set out opposite such provisions (con.):

9401.69.40 Indonesia 9401.69.60 Croatia; Slovenia 9401.90.40 Croatia; Slovenia 9403.20.00 Argentina 9403.50.90 Argentina 9403.60.80 Argentina; Indonesia 9506.61.00 Philippines

(2) Additional U.S. note 3 to chapter 2 is modified by:

(a) Deleting the ``*'' symbol following the quantity for Argentina and the quantity for Uruguay.

(b) Deleting the last paragraph in this note beginning with an ``*'' symbol.

(3) Additional U.S. note 1 to chapter 84 is modified by:

(a) Deleting ``subheadings 8479.89.10, 8479.89.65, 8479.97, 8479.90.40 and 8479.90.95,'' and inserting ``subheadings 8479.89.65 and 8479.89.97,'' in lieu thereof.

(b) Deleting ``the following articles and parts:'' and inserting ``the following articles:'' in lieu thereof.

(c) Deleting ``thrust reversers; air humidifiers and dehumidifies.'' and inserting ``thrust reversers.'' in lieu thereof.

(4) Subchapter VI to chapter 99is modified by:

(a) Deleting the following subheadings:

9906.61.01 9906.61.05 9906.61.09 9906.61.19 9906.61.21 9906.61.22 9906.61.23 9906.61.24 9906.61.25 9906.61.26 9906.61.27 9906.62.02 9906.62.03 9906.62.05 9906.62.07 9906.62.08 9906.62.10 9906.62.12 9906.62.13 9906.62.14 9906.62.15 9906.62.16 9906.62.17 9906.62.18

(b) Deleting the superior texts to subheading 9906.61.22 which read ``Other garments, knitted or crocheted:'' and ``Of cotton (provided for in subheading 6114.20.00):''.

(c) Deleting the superior texts to subheading 9906.61.24 which read ``Of man-made fibers:'' and ``Garments other than tops, body suits or body shirts (provided for in subheading 6114.30.3):''.

(d) Deleting the superior texts to subheading 9906.62.07 which read ``Women's or girls' singlets and other undershirts, briefs, panties, negligees, bathrobes, dressing gowns and similar articles:'' and ``Of man-made fibers (provided for in subheading 6208.92):''.

(e) Deleting the superior texts to subheading 9906.62.12 which read ``Women's or girls' track suits and other garments, of cotton (provided for in subheading 6211.42.00):'' and ``Coveralls, jumpsuits and similar apparel:''.

(f) Deleting the superior text to subheading 9906.62.14 which reads ``Other:''.

Section M. Effective January 1, 1999 (con.):

(5) Subchapter VII to chapter 99is modified by:

(a) Deleting U.S. note 2;

(b) Deleting ``or 3811.29'' from the article description for heading 9907.38.01; and

(c) Deleting the following headings:

9907.40.01 9907.56.01 9907.66.01 9907.71.01 9907.73.01 9907.84.01 9907.84.02 9907.84.03 9907.84.04 9907.84.05 9907.84.06 9907.84.07 9907.84.08 9907.84.09 9907.84.10 9907.84.11 9907.84.12 9907.84.13 9907.84.14 9907.84.01 9907.85.02 9907.87.01 9907.87.02 9907.90.01 9907.95.01

Section N. Effective upon publication of this notice, the HTS is modified as provided below, with bracketed matter included to assist in understanding. The following supersedes matter now in the HTS. Subheading 8528.12.96 is deleted from the HTS and the following new provisions are inserted in numerical sequence in lieu thereof:

[Reception...:]........... [Reception...:]......... [Color:].............. [Other:]............ [Other:].......... [Other:]........

[[Page 32919]]

``8528.12.9

Printed Free

...................................... 35% 3 circuit assemblies incorporating a tuner, of a kind used with data processing machines of. heading................... 8471........ 8528.12.97

Other......... 5%

Free (A+, B, CA, E, IL, J, MX)

35%''

[FR Doc. 99-15453Filed6-17-99; 8:45 am]

BILLING CODE 3190-01-M