[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Notices]
[Pages 54321-54324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27134]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Policy Staff Committee; Public Comments on Potential Action
Under Section 203 of the Trade Act of 1974 With Regard to Imports of
Certain Steel
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of request for comments on what action the President
should take under section 203 of the Trade Act of 1974, as amended, (19
U.S.C. 2253) to facilitate efforts by the domestic industries producing
certain steel products to make a positive adjustment to import
competition and provide greater economic and social benefits than
costs.
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SUMMARY: This publication gives notice that the Trade Policy Staff
Committee (TPSC) is requesting comments from interested persons related
to the recommendation that the interagency group established under
section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a))
(interagency group) makes as to what action the President should take
under section 203(a) of the Trade Act of 1974, as amended, (19 U.S.C.
2253(a)) (Trade Act) to facilitate efforts by the domestic industries
producing certain steel products to make a positive adjustment to
import competition and provide greater economic and social benefits
than costs.
The steel products covered by this notice are: (1) Carbon and alloy
steel slabs, plate (including cut-to-length plate and clad plate), hot-
rolled sheet and strip (including plate in coils), cold-rolled sheet
and strip (other than grain-oriented electrical steel), and corrosion-
resistant and other coated sheet and strip; (2) carbon and alloy hot-
rolled bar and light shapes; (3) carbon and alloy cold-finished bar;
(4) rebar; (5) carbon and alloy welded tubular products (other than oil
country tubular goods); (6) carbon and alloy flanges, fittings, and
tool joints; (7) stainless steel bar and light shapes; (8) stainless
steel rod; (9) carbon and alloy tin mill products; (10) tool steel, all
forms; (11) stainless steel wire; and (12) stainless steel flanges and
fittings. On October 22, the U.S. International Trade Commission (ITC)
found that increased imports of the products listed in (1) through (8)
are a substantial cause of serious injury or the threat of serious
injury to the domestic industries producing those products. The
Commissioners voting were equally divided with respect to the
determination whether increased imports of products listed in (9)
through (12) are a substantial cause of serious
[[Page 54322]]
injury or the threat of serious injury to the domestic industry
producing those products.
The TPSC is requesting comments on actions that the commenting
person or entity intends to take to facilitate the positive adjustment
to import competition; requests for exclusions of products from any
increased duty, tariff-rate quota, or quantitative restriction that the
President may impose under section 203(a) of the Trade Act; and
comments on what action, if any, the President should take under
section 203(a) of the Trade Act in response to each affirmative finding
of serious injury or threat thereof to a domestic industry announced by
the ITC.
DATES: Written proposals on adjustment actions should be submitted no
later than November 5, 2001; responses to proposals should be submitted
no later than November 19, 2001. Requests for the exclusion of specific
products from any action under section 203(a) should be submitted by
noon on November 13, 2001; responses to requests should be submitted no
later than November 27, 2001. Written comments on what action, if any,
the President should take under section 203(a) of the Trade Act should
be submitted no later than noon on December 28, 2001; responses to
written comments should be submitted no later than noon on January 8,
2002.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
public comments, contact Gloria Blue, Executive Secretary, TPSC, Office
of the USTR, 600 17th Street, NW., Washington, DC 20508 (202) 395-3475.
All other questions should be addressed to Andrew Stephens, Director
for Steel Trade Policy, Office of the USTR (202) 395-6160.
SUPPLEMENTARY INFORMATION: On October 22, 2001, the ITC issued
affirmative determinations under section 202(b) of the Trade Act (22
U.S.C. 2252(b)) that (1) carbon and alloy steel slabs, plate (including
cut-to-length plate and clad plate), hot-rolled sheet and strip
(including plate in coils), cold-rolled sheet and strip (other than
grain-oriented electrical steel), and corrosion-resistant and other
coated sheet and strip; (2) carbon and alloy hot-rolled bar and light
shapes; (3) carbon and alloy cold-finished bar; (4) rebar; (5) carbon
and alloy welded tubular products (other than oil country tubular
goods); (6) carbon and alloy flanges, fittings, and tool joints; (7)
stainless steel bar and light shapes; and (8) stainless steel rod are
being imported in such increased quantities as to be a substantial
cause of serious injury, or the threat thereof, to the domestic
industries producing those products. The Commissioners voting were
equally divided with respect to the determination under section 202(b)
of the Trade Act as to whether increased imports of (9) carbon and
alloy tin mill products; (10) tool steel, all forms; (11) stainless
steel wire; and (12) stainless steel flanges and fittings are being
imported in such increased quantities as to be a substantial cause of
serious injury, or the threat thereof, to the domestic industries
producing those products. The ITC is in the process of deciding what
action under section 202(e) of the Trade Act to recommend that would
address the serious injury, or threat thereof, to the domestic
industries and most effectively facilitate the efforts of the domestic
industries to make positive adjustments to import competition. The ITC
must issue a report on its determinations and recommendations to the
President no later than December 19, 2001.
Pursuant to section 203(a)(1)(C) of the Trade Act, the interagency
group will subsequently make a recommendation to the President as to
what action, if any, to take under section 203(a)(1)(A) of the Trade
Act. In making its recommendation, the interagency group will take into
account the factors listed in Section 203(a)(2), including the
objectives and actions specified in any adjustment plans submitted
under section 202(a)(4) of the Trade Act and any individual commitments
under section 202(a)(6) of the Trade Act. The interagency group will
also consider and make a recommendation with regard to any request for
exclusion of a product from any import relief provided under section
203.
In light of the number of articles subject to the ITC's
determination, the number of persons who may wish to comment on the
action that the President may take under section 203, and the
complexity of the issues involved, the TPSC has decided to adopt
special guidelines for the submission of comments and the conduct of
meetings with interested persons.
Written Proposals on Adjustment Actions
The TPSC invites written proposals from any
Firm in the domestic industries;
Certified or recognized union or group of workers in the
domestic industries;
State or local community;
Trade association representing the domestic industries; or
Any other interested person or group of interested persons
regarding the actions that the commenting person or entity intends to
take to facilitate the positive adjustment to import competition.
Written proposals on adjustment actions should be as specific as
possible and should:
(a) Assess current problems affecting the industries' ability to
compete with imports;
(b) Indicate the types of actions that workers and firms will
undertake during a period of import relief to improve the ability of
the industries to compete after relief terminates or to facilitate
adjustment to increased import competition;
(c) Recommend types of actions that may be taken by Federal
agencies or departments to assist the domestic industries' efforts
either to enhance their competitiveness or to adjust to import
competition; and
(d) Explain how import relief will assist in achieving these
objectives.
Written proposals on adjustment actions should be submitted no
later than noon on November 5, 2001.
The TPSC also invites any person or entity listed above to submit a
written comment on any written proposal on positive adjustment actions.
Written comments should be as specific as possible, including
recommendations, and should be submitted no later than noon on November
19, 2001.
Requests To Exclude Products From Import Relief Under Section 203
The TPSC will consider requests by a producer, importer, or
purchaser of certain steel products for the exclusion of a particular
product, defined in terms of its unique physical characteristics, from
any increased duty, tariff-rate quota, or quantitative restriction that
the President may impose under section 203(a) of the Trade Act. Any
such request must be made in writing, and contain the following
information:
(a) The designation of the product under a recognized standard or
certification (e.g., ASTM, DIN), or the commercial name for the product
and the HTS number under which the product enters the United States;
(b) A description of the product based on physical characteristics
(e.g., chemical composition, metallurgical properties, dimensions,
surface quality) so as to distinguish the product from products for
which exclusion is not sought;
(c) The basis for requesting an exclusion;
(d) The names and locations of any producers, in the United States
and foreign countries, of the product;
[[Page 54323]]
(e) Total U.S. consumption of the product, if any, by quantity and
value for each year from 1996 to 2000, and projected annual consumption
for each year from 2001 to 2005, with an explanation of the basis for
the projection;
(f) Total U.S. production of the product for each year from 1996 to
2000, if any; and
(g) The identity of any U.S.-produced substitute for the product,
total U.S. production of the substitute for each year from 1996 to
2000, and the names of any U.S. producers of the substitute.
Requests should be as specific as possible. If precise data are not
available, the request should include estimates, and describe in detail
the basis for making the estimate. All requests should be submitted by
noon on November 13, 2001.
The TPSC invites responses to any request for exclusion submitted
in accordance with this notice. Responses should provide, with as much
specificity as possible, any data, views or recommendations relevant to
the TPSC's consideration of the request. All responses should be
submitted by noon on November 27, 2001.
The TPSC may disregard any request for exclusion or response to a
request for exclusion submitted after the specified time and date.
TPSC Evaluation of Options for Action Under Section 203
The TPSC will begin its evaluation of options for action by the
President under section 203 after the ITC issues its report on serious
injury and recommended remedy. As part of that process, the TPSC
invites written comments from interested persons on what action, if
any, the President should take under section 203(a) of the Trade Act in
response to each affirmative determination of injury or threat thereof
to a domestic industry made by the ITC. Written comments should be as
specific as possible, including data, views and recommendations, and
may address the following options authorized under section 203(a)(3):
(a) Whether to take an action in the form of an increase in duties,
a tariff-rate quota, a quantitative restriction, or some combination of
such actions on an imported article covered by an affirmative
determination by the ITC and, if so, the rate of any duty, rate and
affected quantity of any tariff-rate quota, or level of any
quantitative restriction;
(b) The duration of any action;
(c) Whether to provide trade adjustment assistance under chapter 2
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), or any other form of
adjustment assistance, to the domestic industries and, if so, the
nature of the assistance;
(d) Whether to proclaim procedures to allocate among importers by
the auction of import licenses quantities of any product that are
permitted to be imported into the United States;
(e) Whether to negotiate agreements with foreign countries limiting
the export from those countries and import into the United States of an
article subject to the ITC's affirmative determination;
(f) Whether to initiate international negotiations to address the
underlying cause of the increase in imports of the article or otherwise
to alleviate the injury or threat thereof;
(g) Whether to submit to Congress legislative proposals to
facilitate the efforts of the domestic industries to make positive
adjustments to import competition; and
(h) Whether the President should take any other action under the
authority of law.
Written comments should be submitted no later than noon on December
28, 2001.
The TPSC invites responses to any written comments submitted in
accordance with this notice. Responses should provide, with as much
specificity as possible, any data, views or recommendations relevant to
the TPSC's consideration of the comments. All responses should be
submitted no later than noon on January 8, 2002.
Written Comments
Persons submitting written comments, requests, or other information
in accordance with this notice should, no later than the date and time
listed above, either send twenty (20) copies by U.S. mail, first class,
postage prepaid, to Gloria Blue at the address listed above or transmit
a single copy electronically to [email protected]. A document sent by
U.S. mail will be considered timely only if it is postmarked on or
before the relevant date and time. A document transmitted
electronically will be considered timely if received on or before the
relevant date and time. The TPSC will not accept submissions delivered
by messenger or commercial overnight delivery service. Any submission
more than five (5) pages long should be accompanied by a table of
contents and a concise executive summary. The TPSC also suggests that
requests for exclusion and responses to requests for exclusion be no
more than ten (10) pages in length, and that all other submissions be
no more than twenty-five (25) pages in length.
Written comments, requests, or other information submitted by U.S.
mail should be accompanied by a computer disk containing an electronic
copy of the public or non-confidential version of the submission in a
commercial word processing or spreadsheet format. The disk should have
a label identifying the software used, the submitter, and the title of
the submission. In addition, submitters should take steps to ensure
that they delete all business confidential information from the
electronic copy of any public or non-confidential document.
Written comments, requests, or other information submitted in
connection with this request, except for information granted ``business
confidential'' status pursuant to 15 CFR 2003.6, will be available for
public inspection in the USTR Reading Room, Room 3, 1724 F Street, NW.,
Washington, DC 20508. An appointment to review the file may be made by
calling Brenda Webb at (202) 395-6186. The Reading Room is open to the
public from 10:00 a.m. to 12 noon, and from 1 p.m. to 4 p.m. Monday
through Friday. These submissions will also be available on the USTR
web site, www.ustr.gov.
Business confidential information will be subject to the
requirements of 15 CFR 2003.6. Any business confidential material must
be clearly marked as such on the cover letter or page and each
succeeding page, and must be accompanied by a non-confidential summary
thereof, in the form specified above. A justification as to why the
information contained in the submission should be treated
confidentially must be included in the submission. The TPSC requests
interested persons to summarize any deleted business confidential
information by (1) providing a written characterization of any business
confidential information in narrative form; and (2) aggregating,
ranging, or indexing any numerical business confidential information.
If a document containing business confidential information is
submitted by U.S. mail, twenty (20) copies of the business confidential
submission and twenty (20) copies of a public version that does not
contain business confidential information must be submitted. Any
submissions containing business confidential information must be
clearly marked ``Business Confidential'' at the top and bottom of the
cover page (or letter) and each succeeding page of the submission. The
version that does not contain business confidential information should
also be clearly marked, at the top and bottom of each page, ``public
version'' or ``non-confidential.'' If a document containing business
confidential information is
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submitted by electronic transmission, one copy of the business
confidential version and one copy of a public version must be
submitted. The name of the business confidential version should begin
with the characters ``BC-'', and the name of the public version should
begin with the characters ``P-.'' The electronic copy of each document
should have a header and footer on each page indicating whether it is
``Business Confidential'' or ``public version'' or ``non-
confidential.''
Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. 01-27134 Filed 10-24-01; 3:03 pm]
BILLING CODE 3190-01-P