[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35842-35843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12624]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Procedures for Consideration of New 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: Presidential Proclamation 7529 of March 5, 2002 established 
actions under section 203 of the Trade Act of 1974, as amended, (19 
U.S.C. 2253) (safeguard measures) with regard to certain steel 
products, and authorized the United States Trade Representative (USTR) 
to further consider requests for exclusion of particular products from 
the safeguard measure that had been submitted in accordance with a 
Federal Register notice published on October 26, 2001 (66 FR 54321). In 
a notice published on April 18, 2002, USTR established procedures for 
further consideration of such requests and provided that, to the extent 
possible, it would consider new exclusion requests submitted after the 
time period specified in the Notice. This notice sets out the 
procedures for submitting new exclusion requests.

EFFECTIVE DATE: May 21, 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 U.S. International 
Trade Commission (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 Trade Policy Staff Committee (TPSC) 
published a Federal Register notice that 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 
created by the Annex to that proclamation to exclude such particular 
product from the pertinent safeguard measure. USTR published a notice 
in 67 FR 16484 (April 5, 2002), excluding certain particular products 
from the safeguard measure.
    On April 18, 2002, USTR published a notice in the Federal Register 
informing interested persons of the need for additional information 
with regard to both previously submitted exclusion requests and 
previously submitted oppositions to those requests. It instructed 
interested persons to provide this information in response to 
questionnaires available on the websites of USTR and the U.S. 
Department of Commerce. The notice provided further that, to the extent 
possible, USTR would consider requests for exclusion of products that 
have not received an X number. It asked interested persons requesting 
the exclusion of such a product to respond to the questionnaire before 
May 20, 2002, and indicated that procedures for submitting such 
additional requests for exclusion will be announced in a subsequent 
Federal Register notice.
    USTR, in conjunction with the U.S. Department of Commerce, has 
developed a series of questions designed to elicit information for 
products that have not been excluded from the remedy and currently are 
not subject to reconsideration requests. The information required 
clearly identifies the product under consideration and provides 
detailed information on the requestor's situation. These questions, 
presented in the form of a new exclusion request questionnaire, are 
available on the USTR and Commerce Department websites at http://ia.ita.doc.gov/steel/exclusion/. Parties applying for an exclusion of 
their product from the remedy should provide responses to this 
questionnaire by May 20, 2002.
    USTR, in conjunction with the Commerce Department, has developed a 
series of questions designed to substantiate any objections to these 
new requests for exclusion. These questions,

[[Page 35843]]

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 should submit a complete objector 
questionnaire at a date to be determined and announced shortly.
    If a complete response to the new exclusion request 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. To ensure that an interested party's position is considered in 
the context of the exclusion request, a complete response to the 
objector questionnaire should be submitted no later than the due date, 
which will be determined and announced shortly.
    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 commercial 
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.
    Proclamation 7529 also authorizes USTR to exclude particular 
products from the safeguard measures in March of any year in which a 
safeguard measure remains in effect. To the extent possible, 
information submitted in accordance with this notice will be used in 
the evaluation of whether to grant additional exclusions pursuant to 
this authority, so as to avoid repetitive submission of information.

Submission of Requests for Exclusion and Opposition to Requests for 
Exclusion

    Parties should follow the instructions posted on the USTR and 
Commerce Department web sites at http://ia.ita.doc.gov/steel/exclusion/. Failure to follow the instructions posted there may result 
in rejection of the questionnaire submission.
    After new exclusion request questionnaires have been received, the 
Commerce Department will assign an alpha-numeric designator such as 
"N299.3" assigned to the requested product. Requestors will 
be notified of the assigned alpha-numeric designator for each product 
as soon as possible after receipt of the submission. All parties must 
use this alpha-numeric designator in every subsequent reference to that 
exclusion request.
    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. USTR 
has submitted the new exclusion request questionnaire to OMB for 
approval under the Paperwork Reduction Act. 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. 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. 02-12624 Filed 5-20-02; 8:45 am]
BILLING CODE 3190-01-P