[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32248-32251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14352]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2019-0003]


Notice of Hearing and Request for Public Comments: Enforcement of 
U.S. WTO Rights in Large Civil Aircraft Dispute

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of hearing, and request for comments.

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SUMMARY: The U.S. Trade Representative is considering the additional 
list of products in the Annex to this notice, for inclusion on a final 
list of products to be subject to increased duties in connection with 
the enforcement of U.S. rights in the World Trade Organization (WTO) 
dispute against the European Union (EU) and certain EU member States 
addressed to EU subsidies on large civil aircraft. The interagency 
Section 301 Committee is seeking public comments and will hold a public 
hearing in connection with the possible imposition of increased duties 
on the products in the Annex to this notice.

DATES: To be assured of consideration, the following schedule applies:
    July 24, 2019: Due date for submission of requests to appear at the 
public hearing and summary of testimony.
    August 5, 2019: Due date for submission of written comments.
    August 5, 2019: The Section 301 Committee will convene a public 
hearing in the Main Hearing Room of the U.S. International Trade 
Commission, 500 E Street SW, Washington DC 20436 beginning at 9:30 a.m.
    August 12, 2019: Due date for submission of post-hearing rebuttal 
comments.

ADDRESSES:  You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments in sections D and E below. The docket number is 
USTR-2019-0003. For issues with on-line submissions, please contact the 
Office of the United States Trade Representative (USTR) Section 301 
line at (202) 395-5725.

FOR FURTHER INFORMATION CONTACT: For questions about this investigation 
including the proposed tariff actions, contact Megan Grimball, 
Assistant General Counsel, at (202) 395-5725. For questions on customs 
classification of products identified in the Annex to this notice, 
contact [email protected].

SUPPLEMENTARY INFORMATION: 

A. Proceedings in the Investigation

    In a notice published on April 12, 2019 (84 FR 15028), the U.S. 
Trade Representative announced the initiation of an investigation to 
enforce U.S. rights in the WTO dispute against the EU and certain EU 
member States addressed to EU subsidies on large civil aircraft. The 
April 12 notice, among other things, sought public comment on a 
preliminary list of EU products (the April 12 list) to be considered 
for inclusion on a final list of products that would be subject to 
additional ad valorem duties of up to 100 percent. As announced in the 
April 12 notice, the Section 301 Committee held a public hearing on May 
15-16, 2019, and received testimony from over 40 individuals. 
Interested persons filed over 600 written submissions, including post-
hearing comments.
    A number of public comments submitted in response to the April 12 
notice requested that the U.S. Trade Representative consider additional 
products that were not included in the April 12 list for possible 
inclusion on the final list of products to be subject to additional 
duties.

B. Consideration of Additional Products

    The U.S. Trade Representative has decided to consider an additional 
list of products set out in the Annex to this notice, which may be 
included on a final list of products subject to additional ad valorem 
duties of up to 100 percent. The additional list takes into account 
public comments requesting the consideration of additional products not 
included on the April 12 list.
    The additional list in the Annex to this notice contains 89 tariff 
subheadings. These subheadings are valued at approximately $4 billion 
in terms of the estimated import trade value for calendar year 2018. If 
the U.S. Trade Representative determines to take action in this 
investigation, a final list of products to be subject to additional 
duties may be drawn from both this and the April 12 lists. As stated in 
the April 12 notice, the final list will take into account the report 
of the WTO Arbitrator on the appropriate level of countermeasures to be 
authorized by the WTO.

C. Request for Public Comments

    USTR invites comments from interested persons with respect to the 
possible inclusion of products from the additional list in the Annex to 
this notice on the final list of products subject to additional duties. 
In particular, USTR invites comments with respect to:
     The specific products in the additional list to be subject 
to increased duties;
     the level of the increase, if any, in the rate of duty; 
and
     whether increased duties on particular products on the 
additional list might have an adverse effect upon U.S. stakeholders, 
including small businesses and consumers.

D. Hearing Participation

    The Section 301 Committee will convene a public hearing in the Main 
Hearing Room of the U.S. International Trade Commission, 500 E Street 
SW, Washington DC 20436 beginning at 9:30 a.m. on August 5, 2019. You 
must submit requests to appear at the hearing by July 24, 2019. The 
request to appear should include a written version of the testimony you 
expect to give. Remarks at the hearing may be no longer than five 
minutes to allow time for questions from the Section 301 Committee.

[[Page 32249]]

    All submissions must be in English and sent electronically via 
www.regulations.gov. To submit a request to appear at the hearing via 
www.regulations.gov, enter docket number USTR-2019-0003. In the ``type 
comment'' field, include the name, address, email address, and 
telephone number of the person presenting the testimony. Attach 
testimony, and a pre-hearing submission if provided, by using the 
``upload file'' field. USTR strongly prefers submissions in Adobe 
Acrobat (.pdf). The file name should include the name of the person who 
will be presenting the testimony. In addition, please submit a request 
to appear by email to [email protected]. In the subject line of 
the email, please include the name of the person who will be presenting 
the testimony, followed by `Request to Appear'. Please also include the 
name, address, email address, and telephone number of the person who 
will be presenting testimony in the body of the email message.

E. Procedures for Written Submissions

    All submissions must be in English and sent electronically via 
www.regulations.gov. To submit comments via www.regulations.gov, enter 
docket number USTR-2019-0003 on the home page and click ``search.'' The 
site will provide a search results page listing all documents 
associated with this docket. Find a reference to this notice and click 
on the link entitled ``comment now!'' For further information on using 
the www.regulations.gov website, please consult the resources provided 
on the website by clicking on ``how to use regulations.gov'' on the 
bottom of the www.regulations.gov home page. We will not accept hand-
delivered submissions.
    The www.regulations.gov website allows users to submit comments by 
filling in a ``type comment'' field or by attaching a document using an 
``upload file'' field. USTR prefers that you submit comments in an 
attached document. If you attach a document, it is sufficient to type 
``see attached'' in the ``type comment'' field. USTR strongly prefers 
submissions in Adobe Acrobat (.pdf). If you use an application other 
than Adobe Acrobat or Word (.doc), please indicate the name of the 
application in the ``type comment'' field.
    File names should reflect the name of the person or entity 
submitting the comments. Please do not attach separate cover letters to 
electronic submissions; rather, include any information that might 
appear in a cover letter in the comments themselves. Similarly, to the 
extent possible, please include any exhibits, annexes, or other 
attachments in the same file as the comment itself, rather than 
submitting them as separate files.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. If you request 
business confidential treatment, you must certify in writing that 
disclosure of the information would endanger trade secrets or 
profitability, and that the information would not customarily be 
released to the public. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments. The file name of the public version should begin with the 
character ``P''. The ``BC'' and ``P'' should be followed by the name of 
the person or entity submitting the comments or rebuttal comments. If 
these procedures are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact the 
USTR Section 301 line at (202) 395-5725 to discuss whether alternative 
arrangements are possible.
    USTR will post submissions in the docket for public inspection, 
except business confidential information. You can view submissions on 
the https://www.regulations.gov website by entering docket number USTR-
2019-0003 in the search field on the home page.

Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.

Annex

    The products that are enumerated and described in this Annex are 
being considered for additional import duties if they are the product 
of any of the twenty-eight member States of the European Union. All 
products that are classified in the 8-digit subheadings of the 
Harmonized Tariff Schedule of the United States (HTS) that are listed 
in this Annex are covered by the proposed action. The product 
descriptions that are contained in this Annex are provided for 
informational purposes only, and are not intended to delimit in any way 
the scope of the proposed action. Any questions regarding the scope of 
a particular HTS subheading should be referred to U.S. Customs and 
Border Protection. In the product descriptions, the abbreviation 
``nesoi'' means ``not elsewhere specified or included''.

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       HTS subheading                    Product description
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0203.22.90.................  Frozen hams, shoulders and cuts thereof,
                              with bone in, other than retail cuts.
0203.29.40.................  Frozen meat of swine, other than retail
                              cuts, nesoi.
0403.90.85.................  Fermented milk o/than dried fermented milk
                              or o/than dried milk with added lactic
                              ferments.
0403.90.90.................  Curdled milk/cream/kephir & other fermented
                              or acid. milk/cream subject to add US note
                              10 to Ch.4.
0403.90.95.................  Curdled milk/cream/kephir & other fermented
                              or acid. milk/cream subj to GN 15 or Ch4
                              US note 10.
0404.10.05.................  Whey protein concentrates.
0405.20.20.................  Butter substitute dairy spreads, over 45%
                              butterfat weight, subject to quota
                              pursuant to chapter 4 additional US note
                              14.
0405.20.30.................  Butter substitute dairy spreads, over 45%
                              butterfat weight, not subj to gen note 15
                              and in excess of quota in ch. 4 additional
                              US note 14.
0405.20.80.................  Other dairy spreads, not butter substitutes
                              or of a type provided for in chapter 4
                              additional US note 1.
0405.90.10.................  Fats and oils derived from milk, other than
                              butter or dairy spreads, subject to quota
                              pursuant to chapter 4 additional US note
                              14.
0406.10.44.................  Fresh (unripened/uncured) edam and gouda
                              cheeses, cheese/subs for cheese cont or
                              processed therefrom, subj to Ch4 US note
                              20, not GN15.
0406.10.48.................  Fresh (unripened/uncured) edam and gouda
                              cheeses, cheese/subs for cheese cont or
                              processed therefrom, not sub to Ch4 US
                              note 20, not GN15.
0406.10.54.................  Fresh (unripened/uncured) Italian-type
                              cheeses from cow milk, cheese/substitutes
                              cont or proc therefrom, subj to Ch4 US nte
                              21, not GN15.
0406.10.58.................  Fresh (unripened/uncured) Italian-type
                              cheeses from cow milk, cheese/substitutes
                              cont or proc therefrom, not subj to Ch4 US
                              note 21 or GN15.

[[Page 32250]]

 
0406.20.51.................  Romano, reggiano, provolone, provoletti,
                              sbrinz and goya, made from cow's milk,
                              grated or powdered, subject to add US note
                              21 to Ch.4.
0406.20.53.................  Romano, reggiano, provolone, provoletti,
                              sbrinz and goya, made from cow's milk,
                              grated or powdered, not subj to Ch4 US nte
                              21 or GN15.
0406.20.77.................  Cheese containing or processed from Italian-
                              type cheeses made from cow's milk, grated
                              or powdered, subject to add US note 21 to
                              Ch. 4.
0406.20.79.................  Cheese containing or processed from Italian-
                              type cheeses made from cow's milk, grated
                              or powdered, not subject to add US note 21
                              to Ch. 4.
0406.20.87.................  Cheese (including mixtures), nesoi, n/o
                              0.5% by wt. of butterfat, grated or
                              powdered, not subject to add US note 23 to
                              Ch. 4.
0406.30.51.................  Gruyere-process cheese, processed, not
                              grated or powdered, subject to add. US
                              note 22 to Ch. 4.
0406.30.55.................  Processed cheeses made from sheep's milk,
                              including mixtures of such cheeses, not
                              grated or powdered.
0406.30.79.................  Processed cheese cont/procd from Italian-
                              type, not grated/powdered, not subject to
                              add US note 21 to Ch. 4, not GN15.
0406.30.85.................  Processed cheese (incl. mixtures), nesoi, n/
                              o 0.5% by wt. butterfat, not grated or
                              powdered, subject to Ch4 US note 23, not
                              GN15.
0406.40.54.................  Blue-veined cheese, nesoi, in original
                              loaves, subject to add. US note 17 to Ch.
                              4.
0406.90.16.................  Edam and gouda cheese, nesoi, subject to
                              add. US note 20 to Ch. 4.
0406.90.41.................  Romano, Reggiano, Parmesan, Provolone, and
                              Provoletti cheese, nesoi, from cow's milk,
                              subject to add. US note 21 to Ch. 4.
0406.90.42.................  Romano, Reggiano, Parmesan, Provolone, and
                              Provoletti cheese, nesoi, from cow's milk,
                              not subj to GN 15 or Ch4 US note 21.
0406.90.43.................  Reggiano, Parmesan, Provolone, and
                              Provoletti cheese, nesoi, not from cow's
                              milk, not subject to gen. note 15.
0406.90.68.................  Cheeses & subst. for cheese(incl. mixt.),
                              nesoi, w/romano/reggiano/parmesan/
                              provolone/etc, f/cow milk, not subj. Ch4
                              US note 21, not GN15.
0711.20.18.................  Olives, n/pitted, green, in saline sol., in
                              contain. >8 kg, drained wt, for repacking
                              or sale, subject to add. US note 5 to Ch.
                              7.
0711.20.28.................  Olives, n/pitted, green, in saline sol., in
                              contain. >8 kg, drained wt, for repacking
                              or sale, not subject to add. US note 5 to
                              Ch. 7.
0711.20.38.................  Olives, n/pitted, nesoi.
0711.20.40.................  Olives, pitted or stuffed, provisionally
                              preserved but unsuitable in that state for
                              immediate consumption.
0811.90.80.................  Fruit, nesoi, frozen, whether or not
                              previously steamed or boiled.
0812.10.00.................  Cherries, provisionally preserved, but
                              unsuitable in that state for immediate
                              consumption.
0812.90.10.................  Mixtures of two or more fruits,
                              provisionally preserved, but unsuitable in
                              that state for consumption.
0813.40.30.................  Cherries, dried.
0901.21.00.................  Coffee, roasted, not decaffeinated.
0901.22.00.................  Coffee, roasted, decaffeinated.
1601.00.20.................  Pork sausages and similar products of pork,
                              pork offal or blood; food preparations
                              based on these products.
1602.41.20.................  Pork hams and cuts thereof, not containing
                              cereals or vegetables, boned and cooked
                              and packed in airtight containers.
1602.41.90.................  Prepared or preserved pork hams and cuts
                              thereof, not containing cereals or
                              vegetables, nesoi.
1602.42.20.................  Pork shoulders and cuts thereof, boned and
                              cooked and packed in airtight containers.
1602.42.40.................  Prepared or preserved pork shoulders and
                              cuts thereof, other than boned and cooked
                              and packed in airtight containers.
1602.49.10.................  Prepared or preserved pork offal, including
                              mixtures.
1602.49.20.................  Pork other than ham and shoulder and cuts
                              thereof, not containing cereals or
                              vegetables, boned and cooked and packed in
                              airtight containers.
1602.49.40.................  Prepared or preserved pork, not containing
                              cereals or vegetables, nesoi.
1602.49.90.................  Prepared or preserved pork, nesoi.
1902.11.20.................  Uncooked pasta, not stuffed or otherwise
                              prepared, containing eggs, exclusively
                              pasta.
1902.11.40.................  Uncooked pasta, not stuffed or otherwise
                              prepared, containing eggs, nesoi,
                              including pasta packaged with sauce
                              preparations.
1902.19.20.................  Uncooked pasta, not stuffed or otherwise
                              prepared, not containing eggs, exclusively
                              pasta.
1902.19.40.................  Uncooked pasta, not stuffed or otherwise
                              prepared, not containing eggs, nesoi,
                              including pasta packaged with sauce
                              preparations.
1902.20.00.................  Stuffed pasta, whether or not cooked or
                              otherwise prepared.
1902.30.00.................  Pasta nesoi.
1905.32.00.................  Waffles and wafers.
2005.70.12.................  Olives, green, not pitted, in saline, not
                              ripe.
2008.40.00.................  Pears, otherwise prepared or preserved,
                              nesoi.
2008.60.00.................  Cherries, otherwise prepared or preserved,
                              nesoi.
2008.70.20.................  Peaches (excluding nectarines), otherwise
                              prepared or preserved, not elsewhere
                              specified or included.
2008.97.90.................  Mixtures of fruit or other edible parts of
                              plants, otherwise prepared or preserved,
                              nesoi (excluding tropical fruit salad).
2009.89.65.................  Cherry juice, concentrated or not
                              concentrated.
2101.11.21.................  Instant coffee, not flavored.
2103.90.80.................  Mixed condiments and mixed seasonings, not
                              described in add US note 3 to Ch. 21.
2208.30.30.................  Irish and Scotch whiskies.
2208.30.60.................  Whiskies, other than Irish and Scotch
                              whiskies.
2814.10.00.................  Anhydrous ammonia.
2814.20.00.................  Ammonia in aqueous solution.
3102.10.00.................  Urea, whether or not in aqueous solution.
3102.21.00.................  Ammonium sulfate.
3102.29.00.................  Double salts and mixtures of ammonium
                              sulfate and ammonium nitrate.
3102.30.00.................  Ammonium nitrate, whether or not in aqueous
                              solution.
3102.40.00.................  Mixtures of ammonium nitrate with calcium
                              carbonate or other inorganic
                              nonfertilizing substances.
3102.50.00.................  Sodium nitrate.
3102.60.00.................  Double salts and mixtures of calcium
                              nitrate and ammonium nitrate.

[[Page 32251]]

 
3102.80.00.................  Mixtures of urea and ammonium nitrate in
                              aqueous or ammoniacal solution.
3102.90.01.................  Mineral or chemical fertilizers,
                              nitrogenous, nesoi, including mixtures not
                              specified elsewhere in heading 3102.
7202.92.00.................  Ferrovanadium.
7303.00.00.................  Cast iron, tubes, pipes and hollow
                              profiles.
7307.11.00.................  Cast nonmalleable iron, fittings for tubes
                              or pipes.
7407.10.50.................  Refined copper, bars and rods.
7407.21.90.................  Copper-zinc base alloys (brass), bars &
                              rods nesoi, not having a rectangular cross
                              section.
7409.11.50.................  Refined copper, plates, sheets and strip,
                              in coils, with a thickness over 0.15mm but
                              less than 5 mm.
7409.21.00.................  Copper-zinc base alloys (brass), plates,
                              sheets and strip, in coils.
7409.29.00.................  Copper-zinc base alloys (brass), plates,
                              sheets and strip, not in coils.
7409.31.50.................  Copper-tin base alloys (bronze), plates,
                              sheets and strip, in coils, with a
                              thickness o/0.15mm but less than 5mm & a
                              width of 500mm or more.
7409.31.90.................  Copper-tin base alloys (bronze), plates,
                              sheets and strip, in coils, w/thickness o/
                              0.15mm but less than 5mm & a width of less
                              than 500mm.
7409.40.00.................  Copper-nickel base alloys (cupro-nickel) or
                              copper-nickel-zinc base alloys (nickel
                              silver), plates, sheets and strip, w/
                              thickness o/0.15mm.
7409.90.90.................  Copper alloys (o/than brass/bronze/cupro-
                              nickel/nickel silver), plates, sheets &
                              strip, w/thick. o/0.15mm but less th/5mm &
                              width less 500mm.
7410.11.00.................  Refined copper, foil, w/thickness of 0.15
                              mm or less, not backed.
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[FR Doc. 2019-14352 Filed 7-3-19; 8:45 am]
 BILLING CODE 3290-F9-P?>