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ITC's Final Report on Proposed HTS Changes for 2012 (Part 8: Ch. 97-99)

June 20, 2011 by Elizabeth Parker|Top News

The International Trade Commission has issued a final report in connection with its investigation of proposed 2012 WCO-recommended modifications to the Harmonized Tariff Schedule of the U.S., pursuant to section 1205 of the Omnibus Trade and Competitiveness Act of 19881. This is Part 8, the final part of a series of summaries of these proposed modifications, and covers changes to Chapters 97-99.

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(These WCO-recommended HTS changes, which are intended to be rate-neutral, are scheduled to take effect via proclamation on January 1, 2012; however, they can take effect no sooner than 30 days after the proclamation is published in the Federal Register).

Amendments to HTS Sections XXI and XXII, Chapters 97-99

The following are the recommended amendments to HTS Sections XXI and XXII covering Chapters 97-99 (see report for full descriptions/details):

(Note that no changes are proposed to Chapter 97.)

Chapter 98: Special Classification Provisions

  • The article description of subheading 9822.05.15 would be modified by deleting the expression “1701.11.10, 1701.12.10" and inserting “1701.12.10, 1701.13.10, 1701.14.10" in lieu thereof.
  • The article description of subheading 9822.05.20 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.

Chapter 99:Temporary Legislation; Temporary Modifications Proclaimed Pursuant to Trade Agreements Legislation; Additional Import Restrictions Proclaimed Pursuant to Section 22 of the Agricultural Adjustment Act, as Amended

  • According to the report, the article description of subheading 9903.02.83 would be modified by deleting the expression “2009.80.60" and inserting “2009.81.00 or 2009.89.60" in lieu thereof. However, this subheading has since been deleted. (See ITT's Online Archives or 05/27/11 news, 11052730, for BP summary.
  • The first superior text preceding subheading 9904.04.01 would be modified by deleting the expression “0401.30.25" and inserting “0401.40.25, 0401.50.25" in lieu thereof.
  • The first superior text preceding subheading 9904.04.09 would be modified by deleting the expression “0401.30.25" and inserting “0401.40.25, 0401.50.25" in lieu thereof.
  • The first superior text preceding subheading 9904.12.01 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9904.12.01 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The superior text immediately preceding subheading 9904.12.07 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The article description of subheading 9904.12.18 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The article description of subheading 9904.12.19 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The first superior text preceding subheading 9904.17.01 would be modified by deleting the expression “subheading 1701.11.50" and inserting “subheadings 1701.13.50 and 1701.14.50" in lieu thereof.
  • Present footnote 1 to the article description for subheading 1701.11.50 would be carried over to new subheadings 1701.13.50 and 1701.14.50.
  • The text of subheading 9908.12.01 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The superior text to subheading 9909.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9909.12.20 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9909.12.40 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9909.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9909.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text to subheading 9910.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9910.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9910.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9910.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9910.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text immediately preceding subheading 9910.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.
  • The superior text immediately preceding subheading 9911.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9911.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text immediately preceding subheading 9911.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.
  • The superior text immediately preceding subheading 9911.96.51 would be modified by deleting the expression “2003.90.00" and inserting “2003.90.80" in lieu thereof.
  • The first superior text preceding subheading 9911.96.96 would be modified by deleting the expression “2008.92.90" and inserting “2008.97.90" in lieu thereof.
  • The superior text to subheading 9912.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9912.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9912.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9912.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9912.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text immediately preceding subheading 9912.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.
  • The first superior text preceding subheading 9912.95.66 would be modified by deleting the expression “2008.92.90" and inserting “2008.97.90" in lieu thereof.
  • The superior text to subheading 9913.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9913.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9913.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9913.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.
  • The first superior text preceding subheading 9913.95.86 would be modified by deleting the expression “2008.92.90" and inserting “2008.97.90" in lieu thereof.
  • The superior text to subheading 9914.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9914.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9914.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9914.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9914.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text immediately preceding subheading 9914.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.
  • The superior text to subheading 9915.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9915.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9915.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9915.12.30 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9915.12.40 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text to subheading 9916.12.05 would be modified by deleting the expression “1202.10.80, 1202.20.80" and inserting “1202.30.80, 1202.41.80, 1202.42.80" in lieu thereof.
  • The text of subheading 9916.12.10 would be modified by deleting the expression “1202.10.80" and inserting “1202.41.80" in lieu thereof.
  • The text of subheading 9916.12.20 would be modified by deleting the expression “1202.20.80" and inserting “1202.30.80, 1202.42.80" in lieu thereof.
  • The superior text immediately preceding subheading 9916.17.05 would be modified by deleting the expression “1701.11.50, 1701.12.50" and inserting “1701.12.50, 1701.13.50, 1701.14.50" in lieu thereof.
  • The text of subheading 9916.17.10 would be modified by deleting the expression “1701.11.50" and inserting “1701.13.50, 1701.14.50" in lieu thereof.
  • The superior text immediately preceding subheading 9916.24.05 would be modified by deleting the expression “2403.10.90" and inserting “2403.11.90, 2403.19.90" in lieu thereof.

1Section 1205 directs the ITC to keep the HTS under continuous review and to recommend to the President modifications thereto, (1) when amendments to the international Convention on the Harmonized Commodity Description and Coding System (Harmonized System, International HS), and the Protocol thereto, are recommended by the World Customs Organization (WCO) for adoption; and/or (2) as other circumstances warrant.

(See ITT's Online Archives or 06/09/11, 06/10/11, 06/13/11, 06/14/11, 06/15/11, 06/16/11, and 06/17/11 news, 11060918, 11061006, 11061301, 11061411, 11061508, 11061607, and 11061717, for BP summaries of Part 1 (Overview), Part 2 (Chapters 1-5), Part 3 (Chapters 6-15), Part 4 (Chapters 16-24), Part 5 (Chapters 25-38), Part 6 (Chapters 39-63), and Part 7 (Chapters 64-96) of this report.

See ITT's Online Archives or 03/09/11 news, 10090315, for BP summary of the ITC announcing its investigation on proposed changes to the HTS for January 2012.)

(ITC Inv. No. 1205-7 (Final Report), dated June 2010)