[Federal Register Volume 67, Number 108 (Wednesday, June 5, 2002)]
[Notices]
[Pages 38693-38694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14232]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 (67 FR 19307), 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 of October 26, 
2001. It asked interested persons requesting new exclusion requests to 
submit such requests by May 20, 2002. Subsequently, in a Federal 
Register notice published on May 21, 2002, (67 FR 35852), USTR 
indicated that it would announce a date for submitting objections to 
those new exclusion requests submitted by May 20, 2002. The process for 
submitting objections is described below.

DATES: For exclusion requests submitted on May 20, 2002, and posted on 
the USTR Web site on June 5, submit completed objector's questionnaires 
by 5:00 p.m. on June 19, 2002. For exclusion requests posted on 
subsequent dates, a date and time for submission of the objector's 
questionnaires will be posted on the USTR Web site.

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)

[[Page 38694]]

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 modified 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.
    On April 18, 2002, USTR published a notice in the Federal Register 
informing interested persons that, to the extent possible, USTR would 
consider new requests for exclusion of products. It asked interested 
persons requesting the exclusion of such a product to respond to an 
exclusion requester's questionnaire by May 20, 2002, and indicated that 
procedures for submitting such additional requests for exclusion would 
be announced in a subsequent Federal Register notice.
    USTR posted procedures for requesting new exclusions on its Web 
site, along with a new requester's questionnaire, and instructed 
interested persons to submit any requests by May 20, 2002. In a Federal 
Register notice published on May 21, 2002 (67 FR 35842), USTR indicated 
that interested persons objecting to these new exclusion requests 
should submit a new objector's questionnaire by a date to be announced 
later. We will post short descriptions of the products covered by the 
new exclusion requests on the USTR Web site, www.ustr.gov, in groups. 
The first group will be posted by June 5, 2002. Any interested person 
wishing to object to the exclusion of a product in this group, or 
otherwise comment on the product descriptions, should do so by 5:00 
p.m. on June 19. Additional groups will be subsequently posted on the 
USTR Web site, along with an indication of the date and time for 
submission of objector's questionnaires.
    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 the availability of 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 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 
object to a request for the exclusion of a product from the safeguard 
measures. USTR has submitted the new objector's questionnaire to OMB 
for approval under the Paperwork Reduction Act. It is expected that the 
collection of information burden will be no more than 11 hours per 
questionnaire and we estimate the submission of approximately 800 
questionnaires. 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. 02-14232 Filed 6-3-02; 2:41 pm]
BILLING CODE 3190-01-P