[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Notices]
[Pages 79956-79957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33002]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Procedures for Further Consideration of Requests (Anniversary) 
and Objections to 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 FR 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 with 
regard to certain steel products (safeguard measures), but excluded 
some of the particular products identified in requests for exclusion 
made in response to the notice. See 67 FR 10553 (March 7, 2002). 
Proclamation 7529 authorized the United States Trade Representative 
(USTR) in March of each year in which any of the safeguard measures 
remain in effect to further exclude particular products from the 
pertinent safeguard measure established by the proclamation. The USTR 
is modifying procedures established on November 19, 2002 (67 FR 69802) 
for further consideration of such exclusion requests.
    Availability of Completed Requestor Questionnaires. Public versions 
of completed exclusion requestor questionnaires for the Anniversary 
Round of Exclusion Review are available for examination at the 
Department of Commerce's Central Records Unit (CRU): U.S. Department of 
Commerce, CRU HCHB, Room B099, 14th St. & Pennsylvania Ave., NW., 
Washington, DC 20230.
    These questionnaires have not yet been fully reviewed for 
sufficiency but are being made available to facilitate public response. 
The filing of requests in CRU does not indicate, in itself, whether the 
submissions are sufficient with regard either to form or substance.
    Deficient Exclusion Requests. In order for an exclusion request to 
be considered, it must be initiated for objectors' comments through an 
announcement in one of the tranches noted above. Exclusion requests 
will be initiated only if they are determined sufficient for comment.
    The Office of the U.S. Trade Representative (USTR) and the U.S. 
Department of Commerce (Commerce) are reviewing each exclusion request 
to determine whether it is sufficient to initiate. In the case of a 
deficient exclusion request, Commerce will transmit by e-mail a notice 
to the submitting party that briefly summarizes the nature of the 
deficiency and/or requests supplemental information. USTR and Commerce 
will otherwise make no comment on the merits of an exclusion request. 
Commerce will notify requestors of deficient requests no later than the 
close of business on January 6, 2003. Exclusion requesters will have 10 
days from the date of transmission of the deficiency notice to remedy 
the submission by filing a correction or submitting requested 
supplemental information. A requestor's failure to respond to the 
deficiency notice likely will result in the exclusion request being 
rejected and not initiated for review.
    Opportunity for Objector Comments on Initiated Exclusion Requests. 
Lists of exclusion requests that are determined to be sufficient for 
objector comments will be announced and initiated in weekly tranches. 
The first tranche will be announced on Monday, January 6, 2003, with 
comments from interested parties due on Wednesday, January 22, 2003. 
The second tranche will be announced on Monday, January 13, with 
comments due on Wednesday, January 29, 2003. The third tranche will be 
announced on Tuesday, January 21, with comments due on Wednesday, 
February 5, 2003. The fourth tranche will be announced on Monday, 
January 27, with comments due on Wednesday, February 12, 2003. Commerce 
and USTR have developed a series of questions designed to substantiate 
any objections. These questions, presented in the form of an objector 
questionnaire, are available on the USTR Web site at http://www.ustr.gov/sectors/industry/steel.shtml. If an objector questionnaire 
with regard to a particular exclusion request has not been received by 
the date established, Commerce and USTR

[[Page 79957]]

will assume that the domestic industry does not object to the exclusion 
of that particular product. Under extenuating circumstances, Commerce 
and USTR may revise the above schedule and will announce the changes on 
USTR's Web site.
    Meetings with the Department of Commerce and the Office of the U.S. 
Trade Representative. Commerce and USTR will provide an opportunity for 
meetings with interested persons beginning in the latter half of 
January 2003 to review the submissions related to exclusion requests. 
Interested persons who wish to request such a meeting should contact 
Commerce by electronic mail at [email protected] with a 
copy to USTR at [email protected]. If the number of meetings requested 
exceeds the time available for such meetings, priority will be given to 
meetings regarding exclusion requests that, in the opinion of USTR and 
Commerce, require further inquiry.

FOR FURTHER INFORMATION CONTACT: Please send inquiries regarding the 
exclusion process by e-mail simultaneously to: [email protected] and [email protected]. You may also contact the Office 
of Industry and Telecommunications, Office of the United States Trade 
Representative, 600 17th Street, NW., Room 501, Washington DC, 20508. 
Telephone (202) 395-5656.

SUPPLEMENTARY INFORMATION: On March 5, 2002, pursuant to section 203 of 
the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2253), the 
President issued Proclamation 7529 (67 FR 10553), which imposed tariffs 
and a tariff-rate quota on (a) certain flat steel, consisting of: 
Slabs, plate, hot-rolled steel, cold-rolled steel, and coated steel; 
(b) hot-rolled bar; (c) cold-finished bar; (d) rebar; (e) certain 
tubular products; (f) carbon and alloy fittings; (g) stainless steel 
bar; (h) stainless steel rod; (i) tin mill products; and (j) stainless 
steel wire, as provided for in subheadings 9903.72.30 through 
9903.74.24 of the Harmonized Tariff Schedule of the United States (HTS) 
(safeguard measures) for a period of three years plus 1 day.
    Proclamation 7529 delegated to the USTR the authority, in March of 
each year in which any safeguard measure established by the 
proclamation remains in effect, 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 the 
proclamation to exclude such particular product from the pertinent 
safeguard measure established by the proclamation. This Federal 
Register notice provides further notice of the procedures for the 
consideration of these anniversary exclusion requests.
    Each exclusion request will be evaluated on a case-by-case basis. 
Only those exclusions that do not undermine the objectives of the 
safeguard measures will be granted. Analysis of the requests will 
include consideration of 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, current inventory levels, 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.
    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. 02-33002 Filed 12-30-02; 8:45 am]
BILLING CODE 3190-01-P