[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51176-51178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20959]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-573]


Global Economic Impact of Missing and Low Pesticide Maximum 
Residue Levels Institution of Investigation and Scheduling of Hearing

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of public hearing.

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SUMMARY: Following receipt of a request from the U.S. Trade 
Representative (USTR) on August 30, 2019, under the Tariff Act of 1930, 
the U.S. International Trade Commission has instituted Investigation 
No. 332-573, Global Economic Impact of Missing and Low Pesticide 
Maximum Residue Levels, for the purpose of providing a report that 
examines the global economic impact of maximum residue level (MRL) 
policies.

DATES: 
October 17, 2019: Deadline for filing requests to appear at the public 
hearing
October 21, 2019: Deadline for filing prehearing briefs and statements
October 29, 2019: Public hearing
November 5, 2019: Deadline for filing posthearing briefs
December 13, 2019: Deadline for filing all other written submissions 
for volume 1
April 30, 2020: Transmittal of volume 1 of Commission report to the 
USTR
June 5, 2020: Deadline for filing all other written submissions for 
volume 2
October 31, 2020: Transmittal of volume 2 of Commission report to the 
USTR (Delivered Monday, November 2, 2020)

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW, Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW, Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at https://edis.usitc.gov/edis3-internal/app.

FOR FURTHER INFORMATION CONTACT: Project Leader Sabina Neumann (volumes 
1 and 2) (202-205-3000 or [email protected]) or Deputy Project 
Leader (volume 1) Steven LeGrand (202-205-3094 or 
[email protected]) or Deputy Project Leader (volume 2) Justin 
Choe (202-205-3229 or [email protected]) for information specific 
to this investigation. For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or [email protected]). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or [email protected]). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its website 
(https://www.usitc.gov). Persons with mobility impairments who will 
need special assistance in gaining access to the Commission should 
contact the Office of the Secretary at 202-205-2002.
    Background: As requested by the USTR, under section 332(g) of the 
Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission will conduct an

[[Page 51177]]

investigation and prepare a report on the global economic impact of 
national maximum residue level (MRL) policies on plant protection 
products, with a focus on the impacts that low and missing standards 
have on agricultural trade. The USTR requested that the report include, 
to the extent practicable, information and analysis regarding the 
economic impact of pesticide MRLs on farmers in countries representing 
a range of income classifications (e.g., low income, lower middle 
income, upper middle income, etc.) as well as the United States. The 
letter further requested that, to the extent information is available, 
the report cover the years 2016-2019, or the latest three years that 
data are available, but may, where appropriate, examine longer-term 
trends.
    More specifically, the USTR asked that the report include the 
following:
    (1) An overview of the role of plant protection products and their 
MRLs in relation to global production, international trade, and food 
safety for consumers. Describe the current and expected challenges to 
global agricultural production, including the impact of evolving pest 
and diseases pressures in differing regions and climates.
    (2) A broad description of the approaches taken in setting national 
and international MRLs for crops. Describe the risk-based approach to 
setting MRLs in the context of agricultural trade, including the 
guidelines and principles of the Codex Alimentarius. Describe the 
procedures in the Codex Alimentarius for setting pesticide MRLs, 
including the role of the FAO/WHO Joint Meeting on Pesticide Residues 
(JMPR) in conducting risk assessments. Compare this risk-based approach 
to a hazard-based approach. Describe U.S. efforts to advance the use of 
lower-risk pesticides globally.
    (3) A description of how MRLs for plant protection products are 
developed and administered in major markets for U.S. agricultural 
exports. Describe the specific regulations, processes, practices, and 
timelines in these major markets for establishing, modifying, and 
administering MRLs. Describe specific MRL enforcement practices and 
processes, including practices and procedures for addressing non-
compliant imported plant products. Provide examples of how Codex MRLs 
are adopted into national legislation or regulation. Identify trade-
facilitative practices and processes.
    (4) A description of challenges and concerns faced by exporting 
countries in meeting importing country pesticide MRLs, such as when 
MRLs are missing or low. Explain the reasons for missing and low MRLs.
    (5) Through case studies, describe the costs and effects of MRL 
compliance and non-compliance for producers in countries representing a 
range of income classifications, such as uncertainty in planting 
decisions, segregation of products, crop protection costs, yield 
implications, storage issues, product losses, and consequences of MRL 
violations. Include information on costs of adopting new plant 
protection products or those related to establishing, modifying, or 
testing for new or existing MRLs in export markets. To the extent 
possible, include effects on producers in countries with tropical 
climates where products are subject to high levels of pest and disease 
pressure.
    (6) A review of the economic literature that assesses both 
qualitatively and quantitatively how missing and low MRLs affect 
countries representing a range of income classifications, particularly 
low income countries, with regard to production, exports, farmer 
income, and prices.
    (7) Through case studies, describe the costs and effects or MRL 
compliance and non-compliance for U.S. producers, such as uncertainty 
in planting decisions, segregation of products, crop protection costs, 
yield implications, storage issues, product losses, and consequences of 
MRL violations. Include information on costs of adopting new plant 
protection products or those related to establishing, modifying, or 
testing for new or existing MRLs in export markets. To the extent 
possible, include effects on U.S. producers of specialty crops.
    (8) To the extent possible, quantitatively and qualitatively assess 
how missing and low MRLs affect production, exports, farmer income, and 
prices, both on the national level and, to the extent possible, for 
small and medium size farms.
    The USTR asked that the Commission prepare its report in two 
volumes, with volume 1 covering bullets (1)-(6) above transmitted by 
April 30, 2020, and volume 2 covering bullets (7)-(8) transmitted by 
October 31, 2020 (delivered on Monday, November 2, 2020).
    Public Hearing: The Commission will hold a public hearing in 
connection with this investigation at the U.S. International Trade 
Commission Building, 500 E Street SW, Washington, DC, beginning at 9:30 
a.m. on October 29, 2019. Persons wishing to appear at the public 
hearing should file a request to appear with the Secretary, no later 
than 5:15 p.m., October 17, 2019, in accordance with the requirements 
in the ``Submissions'' section below. All pre-hearing briefs and 
statements should be filed no later than 5:15 p.m., October 21, 2019; 
and all post-hearing briefs and statements responding to matters raised 
at the hearing should be filed no later than 5:15 p.m., November 5, 
2019. In the event that, as of the close of business on October 17, 
2019, no witnesses are scheduled to appear at the hearing, the hearing 
will be canceled. Any person interested in attending the hearing as an 
observer or nonparticipant should contact the Office of the Secretary 
at 202-205-2000 after October 17, 2019, for information concerning 
whether the hearing will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, the Commission invites interested parties to submit 
written statements concerning this investigation. All written 
submissions should be addressed to the Secretary, and should be 
received no later than 5:15 p.m., December 13, 2019 for matters to be 
covered by volume 1 of the Commission's report, and June 3, 2020 for 
matters to be covered by volume 2 of the Commission's report. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's Rules of Practice and Procedure (19 CFR 201.8). 
Section 201.8 of the Rules (as further explained in the Commission's 
Handbook on Filing Procedures) requires that interested parties file 
documents electronically on or before the filing deadline and submit 
eight (8) true paper copies by 12:00 p.m. Eastern Time on the next 
business day. In the event that confidential treatment of a document is 
requested, interested parties must file, at the same time as the eight 
paper copies, at least four (4) additional true paper copies in which 
the confidential information must be deleted (see the following 
paragraph for further information regarding confidential business 
information or ``CBI''). Persons with questions regarding electronic 
filing should contact the Office of the Secretary, Docket Services 
Division (202-205-1802).
    Confidential Business Information (CBI): Any submissions that 
contain CBI must also conform to the requirements of section 201.6 of 
the Commission's Rules of Practice and Procedure (19 CFR 201.6). 
Section 201.6 of the Rules requires that the cover of the document and 
the individual pages be clearly marked as to whether they are the 
``confidential'' or ``non-confidential'' version, and that the CBI is 
clearly identified using brackets. The Commission will make all written 
submissions, except for those (or

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portions thereof) containing CBI, available for inspection by 
interested parties.
    In his request letter, the USTR stated that his office intends to 
make the Commission's report available to the public in its entirety, 
and asked that the Commission not include any CBI in the report that it 
delivers to the USTR.
    The Commission will not include any of the CBI submitted in the 
course of this investigation in the report it sends to the USTR. 
However, all information, including CBI, submitted in this 
investigation may be disclosed to and used (i) by the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of this or a related proceeding, or (b) in 
internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of the Commission, including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and 
contract personnel for cybersecurity purposes. The Commission will not 
otherwise disclose any CBI in a manner that would reveal the operations 
of the firm supplying the information.
    Summaries of Written Submissions: The Commission intends to publish 
any summaries of written submissions filed by interested persons. 
Persons wishing to have a summary of their submission included in the 
report should include a summary with their written submission, titled 
``Public Summary,'' and should mark the summary as having been provided 
for that purpose. The summary may not exceed 500 words, should be in 
MSWord format or a format that can be easily converted to MSWord, and 
should not include any CBI. The summary will be published as provided 
if it meets these requirements and is germane to the subject matter of 
the investigation. The Commission will identify the name of the 
organization furnishing the summary and will include a link to the 
Commission's Electronic Document Information System (EDIS) where the 
full written submission can be found.

    By order of the Commission.

    Issued: September 23, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20959 Filed 9-26-19; 8:45 am]
 BILLING CODE 7020-02-P