On September 20, 2010, following a request from CBP, the US International Trade Commission (ITC) announced its institution of an investigation pursuant to Section 1205 of the Omnibus Trade and Competitiveness Act of 1998 (19 USC. §3005) entitled Certain Festive Articles: Recommendations for Modifying the Harmonized Tariff Schedule of the United States. The purpose of the investigation is to provide recommendations to the President on the addition of a US Note to Chapter 98 of the HTSUS, and the amendment or replacement of certain classification provisions in Chapter 98 of the HTSUS, relating to certain utilitarian articles that incorporate a festive design, decoration, emblem or motif. CBP’s letter to the ITC proposed language for the US Note, and proposed changes to the subject classification provisions at the 8-digit level that take into account Federal court decisions on the classification of particular utilitarian articles and the amendment of the international Harmonized System by the World Customs Organization (WCO).

Comments relating to the ITC’s proposed recommendations must be received by October 22, 2010, and the ITC expects to present its final recommendations to the President on November 29, 2010.