[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?>