[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Notices]
[Pages 38301-38303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13923]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


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; Information Collection and Procedures for Consideration

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. The Proclamation authorizes the United States Trade 
Representative (USTR), in March of each year in which any safeguard 
measure established by the Proclamation remains in effect and after 
consultation with the Trade Policy Staff Committee (TPSC), to exclude 
particular products from the safeguard measure. In a Memorandum of 
March 5, 2002, the President instructed the USTR to publish in the 
Federal Register a notice of the procedures by which interested persons 
may request the TPSC to recommend whether to exclude a particular 
product. This notice describes the annual review process through which 
future new exclusion requests will be accepted.
    Under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. chapter 35), USTR will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an information 
collection related to interested persons' reasons for requesting an 
exclusion, and any other interested persons' reasons for opposing the 
granting of an exclusion.

DATES: Submit public comments on the information collection on or 
before August 2, 2002.

FOR FURTHER INFORMATION CONTACT: Office of Industry, Office of the 
United States Trade Representatives, 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 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 the 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 
authorized the USTR to further consider requests for the exclusion of 
particular products and, upon publication in the Federal Register 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 
requested additional information about these exclusions, in the form of 
a requester's questionnaire from interested persons that had requested 
exclusions, and an objector's questionnaire from interested persons 
that had opposed such requests.
    Proclamation 7529 authorized the USTR, in March of each year in 
which any safeguard measure established by the Proclamation remains in 
effect and after consultation with the TPSC, to exclude particular 
products from the safeguard measure. In a Memorandum of March 5, 2002, 
the President instructed the USTR to publish in the Federal Register a 
notice of the procedures by which interested persons may request the 
TPSC to recommend whether to exclude a particular product.
    USTR, in conjunction with the U.S. Department of Commerce 
(Commerce), has concluded that the new requester and new objector 
questionnaires used with regard to the new exclusion requests submitted 
on May 20, 2002, will elicit the information needed to evaluate whether 
to grant the exclusion of a particular product in March 2003, March 
2004, or at such other time as may be permitted by Proclamation 7529. 
USTR and Commerce have further concluded that interested persons that 
already submitted requester's

[[Page 38302]]

questionnaires for a product should file an updated requester's 
questionnaire that revises and supplements the previously submitted 
request. Anyone that previously submitted an objection to such request 
must also file a revised objector's questionnaire updating the 
information previously submitted.

Submission of Requests for Exclusion and Opposition to Requests for 
Exclusion

    In November 2002 and November 2003, or at any other time that may 
be appropriate, USTR will publish in the Federal Register a notice 
inviting any interested persons seeking the exclusion of a particular 
product to submit (1) for previously submitted product exclusion 
requests, an updated requester questionnaire, referencing the 
alphanumeroc tracking number assigned to the product, that revises the 
previously submitted version and provides any additional information 
the requester deems necessary for our analysis; or (2) a new requester 
questionnaire. A list of products for which we have received a 
requester questionnaire that we have deemed to be appropriately filed 
is available from the USTR and Commerce Department websites, http://ia.ita.doc.gov/steel/exclusion/. Any updated requester questionnaire or 
new requester questionnaire should be submitted within 30 days of the 
date of publication of the Federal Register notice described in this 
paragraph.
    Within 15 business days after the date for submitting 
questionnaires, USTR will post a summary of the requested exclusions on 
its website. Interested persons opposing any request for exclusion 
should submit (1) for objections previously submitted, an updated 
objector's questionnaire, referencing the appropriate alphanumeric 
tracking number, that revises the previously submitted version and 
provides any additional information the objector deems necessary for 
our analysis; or (2) a new objector's questionnaire. Interested persons 
objecting to new requests or filing revised objector's questionnaires 
regarding previously submitted requests should submit their objections 
within 30 days following the posting of the product description 
summaries on the USTR website.
    These questionnaires will be available on the USTR and Commerce 
Department websites at http://ia.ita.doc.gov/steel/exclusion/. USTR may 
disregard an exclusion request for a particular product if a complete 
response to the requester's questionnaires has not been received with 
regard to that product by the applicable date. USTR may conclude that 
there is no opposition with regard to the exclusion of a particular 
product if a complete response to the new objector's questionnaire with 
regard to that product has not been received by the applicable date.
    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 requester'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 interested persons 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.
    Interested persons 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.
    We will assign each product covered by new request an alpha-numeric 
tracking number such as ``N299.3,'' and will notify requesters as soon 
as possible after receipt of the submission. All interested persons 
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.

Annual Reporting Burden

Updated Requester's Questionnaire

    Respondents: 200.
    Responses per respondent: 6.5.
    Annual responses: 1300.
    Hours per response: 2.
    Total burden hours: 2600.

New Requester's Questionnaire

    Respondents: 50.
    Responses per respondent: 2.
    Annual responses: 100.
    Hours per response: 15.
    Total burden hours: 1500.

Updated Objector's Questionnaire

    Respondents: 17.
    Responses per respondent: 85.
    Annual responses: 1444.
    Hours per response: 1.5.
    Total burden hours: 2166.

New Objector's Questionnaire

    Respondents: 17.
    Responses per respondent: 6.5.
    Annual responses: 111.
    Hours per response: 11.
    Total burden hours: 1221.

Request for Public Comments Pursuant to the Paperwork Reduction Act

    We particularly invite public comment on: Whether this collection 
of information is necessary for the proper performance of the functions 
of the USTR, and whether it will have practical utility; whether our 
estimate of the public burden of this information collection is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
information collection on those who are to respond, through the use of 
appropriate technological collection techniques or other forms of 
information technology. Any public comment should be submitted to USTR, 
Office of Industry, 600 E Street, NW., Washington, DC 20508, Attn. PRA 
Comments. Comments should clearly indicate the questionnaire 
(requester's questionnaire or objector's questionnaire) to which they 
apply.

Obtaining Copies of Proposals

    Interested persons may obtain a copy of the requester's 
questionnaire or the objector's questionnaire from the USTR Office of 
Industry, 600 E Street, NW., Washington, DC 20508, Attn. Questionnaire 
Copy, fax 202-395-9674, telephone 202-395-5656. Please

[[Page 38303]]

indicate clearly the questionnaire sought (requester's questionnaire or 
objector's questionnaire).

Jon M. Huntsman, Jr.,
Deputy United States Trade Representative.
[FR Doc. 02-13923 Filed 5-30-02; 2:04 pm]
BILLING CODE 3190-01-M