[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Notices]
[Pages 19307-19308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9518]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Procedures for Further Consideration of Requests for Exclusion of 
Particular Products From Actions With Regard to Certain Steel Products 
Under Section 203 of the Trade Act of 1974, as Established in 
Presidential Proclamation 7529 of March 5, 2002

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: In a notice published on October 26, 2001 (66 F.R. 54321) 
(Notice), the Trade Policy Staff Committee (TPSC) established 
procedures for interested persons to request the exclusion of 
particular products from any action the President might take under 
section 203 of the Trade Act of 1974, as amended, (19 U.S.C. 2253) 
(Trade Act) with regard to certain steel products. Presidential 
Proclamation 7529 of March 5, 2002 established such actions (safeguard 
measures) with regard to certain steel products, but excluded some of 
the particular products identified in requests for exclusion made in 
response to the Notice. See 67 F.R. 10553 (March 7, 2002). Proclamation 
7529 authorized the United States Trade Representative (USTR) to 
further consider requests for exclusion of particular products 
(exclusion requests) submitted in accordance with the procedures set 
out in the Notice. The USTR is establishing procedures for further 
consideration of such requests and, to the extent possible, for 
consideration of exclusion requests submitted after the time period 
specified in the Notice.

EFFECTIVE DATE: April 18, 2002.

FOR FURTHER INFORMATION CONTACT: Office of Industry, Office of the 
United States Trade Representative, 600 17th Street, NW, Room 501, 
Washington DC, 20508. Telephone (202) 395-5656.

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.
    On October 26, 2001, the TPSC published the Notice, which requested 
comments on what action the President should take under section 203 of 
the Trade Act, including any exclusion requests. The TPSC received more 
than 200 requests, covering approximately 1000 particular products. 
Each request was assigned a tracking number, beginning with an X (the X 
number), and posted on the USTR website,
http://www.ustr.gov/sectors/industry/steel201/exclusion_requests.htm.
    On March 5, 2002, the President issued Proclamation 7529, which 
established safeguard measures in the form of increases in duty and a 
tariff-rate quota pursuant to section 203 of the Trade Act on imports 
of ten steel products described in paragraph 7 of that proclamation. 
Effective with respect to goods entered, or withdrawn from warehouse 
for consumption, on or after 12:01 a.m., EST, on March 20, 2002, 
Proclamation 7529 modifies the HTS so as to provide for such increased 
duties and a tariff-rate quota. Proclamation 7529 also delegated to the 
USTR the authority to further consider exclusion requests submitted in 
accordance with the procedures set out in the Notice and, upon 
publication in the Federal Register of a notice of his finding that a 
particular product should be excluded, to modify the HTS provisions

[[Page 19308]]

created by the Annex to that proclamation to exclude such particular 
product from the pertinent safeguard measure. USTR published a notice 
in 67 F.R. 16484 (April 5, 2002), excluding certain particular products 
from the safeguard measure.
    To facilitate the further consideration of exclusion requests 
submitted in accordance with the procedures set forth in the Notice, 
USTR requests interested persons who remain interested in the exclusion 
of a particular product identified by an X number to provide additional 
information, and to organize previously submitted information in a 
standard format. USTR, in conjunction with the U.S. Department of 
Commerce, has developed a series of questions designed to elicit 
information that clearly identifies the product under consideration, 
and to provide detailed information on the requester's situation. These 
questions, presented in the form of a requester questionnaire, are 
available on the USTR and Commerce Department websites at http://ia.ita.doc.gov/steel/exclusion/>. Interested persons who remain 
interested in the exclusion of a particular product that has received 
an X number should provide responses to this questionnaire by April 23, 
2002.
    Short descriptions of the particular products covered by complete 
questionnaire responses will be posted on the website by April 30, 
2002. To facilitate the further consideration of previously submitted 
objections to exclusion requests, USTR requests interested persons who 
remain interested in opposing the exclusion of a particular product 
identified by an X number to provide additional information, and to 
organize previously submitted information in a standard format.
    USTR, in conjunction with the Commerce Department, has developed a 
series of questions designed to substantiate any objections. These 
questions, presented in the form of an objector questionnaire, will be 
available on the USTR and Commerce Department websites at http://ia.ita.doc.gov/steel/exclusion/>. Interested persons must submit a 
complete objector questionnaire by May 13, 2002.
    To the extent possible, USTR will consider requests for exclusion 
of products that have not received an X number. Interested persons 
requesting the exclusion of such a product should submit a requester 
questionnaire before May 20, 2002. The procedures for submitting such 
additional requests for exclusion will be announced in a Federal 
Register notice that will be issued shortly.
    If a complete response to the requester questionnaire with regard 
to a particular product has not been received by the date indicated 
above, USTR may disregard the exclusion request for that product. If a 
complete response to the objector questionnaire with regard to a 
particular product has not been received by the date indicated above, 
USTR will assume that the domestic industry does not object to the 
exclusion of that particular product.
    Each request will be evaluated on a case-by-case basis. USTR will 
grant only those exclusions that do not undermine the objectives of the 
safeguard measures. In analyzing the requests, USTR will consider 
whether the product is currently being produced in the United States, 
whether substitution of the product is possible, whether qualification 
requirements affect the requestor's ability to use domestic products, 
inventories, whether the requested product is under development by a 
U.S. producer who will imminently be able to produce it in marketable 
quantities and any other relevant factors. Where necessary, USTR and/or 
the Commerce Department will meet with parties to discuss the 
information that was submitted and/or to gain additional information.
    Every effort will be made to process requests as soon as possible 
consistent with resources and the quality of information that is 
received. Requests identified by an X number will receive primary 
consideration.

Submission of Requests for Exclusion and Opposition to Requests for 
Exclusion

    Interested persons submitting a response to a requester or objector 
questionnaire should file six paper copies of the questionnaire 
responses with the Department of Commerce Central Records Unit (B099), 
along with an electronic version in WordPerfect or Microsoft Word 
format on a computer diskette. The submitter must provide the following 
information at the top of the first page of each paper copy, and on a 
label affixed to any computer diskette: (1) ``Steel 201 Proceedings;'' 
(2) either, the X number or ``New Request'' applicable to the product 
in question; and (3) ``Response to Requester's Questionnaire'' or 
``Response to Objector's Questionnaire.'' The questionnaire response 
must include a response to each question, except that a questionnaire 
response covering a new exclusion request may omit responses to 
questions related to the X number of the product in question.
    Any description of the product subject to an exclusion request must 
include only publicly available information, in text form (no tables or 
graphs), with all units of measurement converted to metric equivalents. 
The description must be sufficient to differentiate the product from 
other products, and to allow for enforcement of the exclusion, if 
granted, by the U.S. Customs Service.
    We strongly discourage the submission of business confidential 
information. Any questionnaire response that contains business 
confidential information must be accompanied by six copies of a public 
summary that does not contain business confidential information, and a 
diskette containing an electronic version of the public summary. Any 
paper submission and diskette 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, and on the label of the diskette. 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 
``nonconfidential,'' and on the label of the diskette.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (PRA) that the Office of Management and 
Budget (OMB) has approved. Notwithstanding any other provision of law, 
no person is required to respond to nor shall a person be subject to a 
penalty for failure to comply with a collection of information subject 
to the requirements of the PRA unless that collection of information 
displays a currently valid OMB number. This notice's collection of 
information burden is only for those persons who wish voluntarily to 
request the exclusion of a product from the safeguard measures. It is 
expected that the collection of information burden will be no more than 
20 hours. This collection of information contains no annual reporting 
or record keeping burden. OMB approved this collection of information 
under OMB Control Number 0350-0011. Please send comments regarding the 
collection of information burden or any other aspect of the information 
collection to USTR at the address above.

Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 02-9518 Filed 4-17-02; 8:45 am]
BILLING CODE 3190-01-P