[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32421-32422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11600]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. TA-131-046 and TPA-105-007]


U.S.-Kenya Trade Agreement: Advice on the Probable Economic 
Effect of Providing Duty-Free Treatment for Currently Dutiable Imports 
Institution of Investigation and Scheduling of Hearing

AGENCY: United States International Trade Commission.

ACTION: Notice of investigation and scheduling of a public hearing.

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

SUMMARY: Following receipt on March 17, 2020, of a request from the 
United States Trade Representative (USTR), the Commission instituted 
Investigation Nos. TA-131-046 and TPA-105-007, U.S.-Kenya Trade 
Agreement: Advice on the Probable Economic Effect of Providing Duty-
free Treatment for Currently Dutiable Imports.

DATES: 
    June 10, 2020: Deadline for filing requests to appear at the public 
hearing.
    June 12, 2020: Deadline for filing prehearing briefs and 
statements.
    July 7, 2020: Public hearing.
    July 14, 2020: Deadline for filing post-hearing briefs and 
submissions.
    July 14, 2020: Deadline for filing all other written statements.
    September 16, 2020: Transmittal of Commission report to the USTR.
    Because COVID-19 mitigation measures are in effect, the Commission 
will hold the public hearing using Go To Meeting. For further 
information on the hearing, see the section below on ``public hearing'' 
and also the Commission's ongoing investigations website (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm), before 
July 7, 2020 for details about the hearing format.

ADDRESSES: All Commission offices 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 Commissions electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Caroline Peters, Project Leader, (202-
708-1433 or [email protected]), or Erika Bethmann, Deputy 
Project Leader (202-205-3001 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 (http://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 
202-205-2000.
    Background: In his letter of March 17, 2020, the USTR requested 
that the Commission provide certain advice under section 131 of the 
Trade Act of 1974 (19 U.S.C. 2151) and an assessment under section 
105(a)(2)(B)(i)(III) of the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015 (19 U.S.C. 4204(a)(2)(B)(i)(III) with 
respect to the effects of providing duty-free treatment for imports of 
products from Kenya.
    More specifically, the USTR, under authority delegated by the 
President and pursuant to section 131 of the Trade Act of 1974, 
requested that the Commission

[[Page 32422]]

provide a report containing its advice as to the probable economic 
effect of providing duty-free treatment for imports of currently 
dutiable products from Kenya on (i) industries in the United States 
producing like or directly competitive products, and (ii) consumers. 
The USTR asked that the Commission's analysis consider each article in 
chapters 1 through 97 of the Harmonized Tariff Schedule of the United 
States (HTS) for which U.S. tariffs will remain, taking into account 
implementation of U.S. commitments in the World Trade Organization. The 
USTR asked that the advice be based on the HTS in effect during 2020 
and trade data for 2019.
    In addition, the USTR requested that the Commission prepare an 
assessment, as described in section 105(a)(2)(B)(i)(III) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015, of the probable economic effects of eliminating tariffs on 
imports from Kenya of those agricultural products described in the list 
attached to the USTR's request letter on (i) industries in the United 
States producing the products concerned, and (ii) the U.S. economy as a 
whole. The USTR's request letter and list of agricultural products are 
posted on the Commission's website at http://www.usitc.gov.
    The Commission will provide its report to the USTR by September 16, 
2020, or as soon as possible. The USTR indicated that those sections of 
the Commission's report that relate to the advice and assessment of 
probable economic effects will be classified. The USTR also indicated 
that he considers the Commission's report to be an interagency 
memorandum that will contain pre-decisional advice and be subject to 
the deliberative process privilege.
    Public Hearing: A public hearing in connection with this 
investigation will be held beginning at 9:30 a.m. on July 7, 2020, 
using Go To Meeting. Information about the hearing, will be posted on 
the Commission's website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm). Once on that web page, scroll down to the 
entry for Investigation No. 131-046, U.S.-Kenya Trade Agreement: Advice 
on the Probable Economic Effect of Providing Duty-free Treatment for 
Currently Dutiable Imports, and click on the link to ``hearing 
instructions.'' Requests to appear at the public hearing should be 
filed with the Secretary no later than 5:15 p.m., June 10, 2020, in 
accordance with the requirements in the ``Written Submissions'' section 
below. All prehearing briefs and statements should be filed not later 
than 5:15 p.m., June 12, 2020, and all post-hearing briefs and 
statements should be filed not later than 5:15 p.m., July 14, 2020. All 
requests to appear, and pre- and post-hearing briefs and statements 
should be filed in accordance with the requirements of the ``written 
submissions'' section below.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., July 14, 2020. All written submissions must conform to the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March 
19, 2020). Under that rule waiver, the Office of the Secretary will 
accept only electronic filings at this time. Filings must be made 
through the Commission's Electronic Document Information System (EDIS, 
https://edis.usitc.gov). No in-person paper-based filings or paper 
copies of any electronic filings will be accepted until further notice. 
Persons with questions regarding electronic filing should contact the 
Office of the Secretary, Docket Services Division (202-205-1802) or 
consult the Commission's Handbook on Filing Procedures.
    Confidential Business Information: Any submissions that contain 
confidential business information 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 ``nonconfidential'' version, and that 
the confidential business information is clearly identified by means of 
brackets. All written submissions, except for confidential business 
information, will be made available for inspection by interested 
parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the USTR. Additionally, all information, including 
confidential business information, 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 (a) for cybersecurity purposes or (b) in monitoring user 
activity on U.S. government classified networks. The Commission will 
not otherwise disclose any confidential business information in a way 
that would reveal the operations of the firm supplying the information.
    Summaries of Written Submissions: Persons wishing to have a summary 
of their position included in the report should include a summary with 
their written submission and should mark the summary as having been 
provided for that purpose. The summary should be clearly marked as 
``summary for inclusion in the report'' at the top of the page. The 
summary may not exceed 500 words, should be in MS Word format or a 
format that can be easily converted to MS Word, and should not include 
any confidential business information. 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 list 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: May 26, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-11600 Filed 5-28-20; 8:45 am]
BILLING CODE 7020-02-P