[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43633-43635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14500]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-598]


Greenhouse Gas Emissions Intensities of the U.S. Steel and 
Aluminum Industries at the Product Level

AGENCY: United States International Trade Commission.

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

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SUMMARY: Following receipt on June 5, 2023, of a request from the U.S. 
Trade Representative (USTR), under section 332(g) of the Tariff Act of 
1930, the U.S. International Trade Commission (Commission) instituted 
Investigation No. 332-598, Greenhouse Gas Emissions Intensities of the 
U.S. Steel and Aluminum Industries at the Product Level. The USTR 
requested that the Commission conduct an investigation and prepare a 
report that assesses the greenhouse gas emissions intensity of steel 
and aluminum products produced in the United States.

DATES: 
    November 17, 2023: Deadline for filing requests to appear at the 
public hearing.
    November 21, 2023: Deadline for filing prehearing briefs and 
statements.
    November 29, 2023: Deadline for filing electronic copies of oral 
hearing statements.
    December 7, 2023: Public hearing.

[[Page 43634]]

    December 21, 2023: Deadline for filing posthearing briefs and 
statements.
    June 28, 2024: Deadline for filing all other written submissions.
    January 28, 2025: Transmittal of Commission report to the USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the U.S. International Trade Commission Building, 
500 E Street SW, Washington, DC. All written submissions should be 
addressed to the Secretary, U.S. 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.

FOR FURTHER INFORMATION CONTACT: Project Leader Caroline Peters (202-
708-1443 or [email protected]), Deputy Project Leader Shova KC 
(202-205-2234 or [email protected]) or Deputy Project Leader Alexander 
Melton (202-708-1665 or [email protected]) for information 
specific to this investigation. For information on the legal aspects of 
this investigation, contact Brian Allen (202-205-3034 or 
[email protected]) or William Gearhart (202-205-3091 or 
[email protected]) of the Commission's Office of the General 
Counsel. The media should contact Jennifer Andberg, Office of External 
Relations (202-205-3404 or [email protected]).
    Hearing-impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810. General information concerning the Commission may be 
obtained by accessing its internet address (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 202-205-2000.

SUPPLEMENTARY INFORMATION: 
    Background: As requested in the letter received from the USTR on 
June 5, 2023, the Commission has instituted an investigation under 
section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) to prepare 
a report that assesses the greenhouse gas (GHG) emissions intensity of 
steel and aluminum produced in the United States, which the USTR states 
will help to inform discussions regarding the Global Arrangement on 
Sustainable Steel and Aluminum. To this end, the Commission intends to 
conduct a survey by issuing questionnaires to firms with facilities 
producing steel and aluminum in the United States, whether the firms 
are U.S.- or foreign-owned, to collect data on their production of 
these goods and associated GHG emissions. The Commission will post the 
draft questionnaire on its website for public comment and will post the 
final questionnaire on its website once the questionnaire is ready to 
be issued.
    The GHG emissions intensity estimates presented in the report will 
include the following types of GHG emissions:
    1. Scope 1--GHG emissions related to the production of steel and 
aluminum. Scope 1 GHG emissions are the direct emissions from the 
facility's owned or controlled sources. These include the facility's 
fuel combustion emissions, process emissions (emissions from industrial 
processes involving chemical or physical transformations other than 
fuel combustion), and emissions from the facility's own electricity 
generation.
    2. Scope 2--GHG emissions related to the production of steel and 
aluminum. Scope 2 GHG emissions are the indirect emissions from the 
generation of the facility's purchased energy, including electricity, 
steam, heat, or cooling.
    3. Certain scope 3--GHG emissions associated with material and 
resource inputs for the production of steel and aluminum. Scope 3 GHG 
emissions are indirect emissions not included in scope 2 that occur in 
the value chain of the reporting company. For purposes of this 
investigation, the Commission will analyze only a specific subset of 
upstream scope 3 GHG emissions associated with U.S. facilities' 
intermediate steel and aluminum inputs purchased from other sources and 
used in production. These intermediate inputs could include iron ore, 
coke, ore-based metallics, semi-finished steel and other steel 
substrate suitable for further processing, carbon anodes, unwrought 
aluminum, and wrought aluminum suitable for further processing.
    In presenting the GHG emissions intensity estimates, the report 
will describe the methodologies used to collect relevant information 
and to analyze product-specific GHG emissions intensity for the range 
of steel and aluminum products made in the United States, and provide 
estimates for the highest and average GHG emissions intensities for the 
products analyzed. The report will also identify the stages within the 
steel and aluminum production processes at which associated GHG 
emissions occur and identify the locations (i.e., originating 
countries) of scope 3 emissions associated with U.S. steel and aluminum 
products. Scope 3 emissions intensity estimates may be derived from the 
volume and origin of intermediate inputs from foreign and domestic 
sources as well as information regarding the emissions intensity of 
such inputs.
    As requested by the USTR, the Commission will deliver the report no 
later than January 28, 2025. Since USTR has indicated that it intends 
to make this report available to the public in its entirety, the 
Commission will not include confidential business or national security 
classified information in its report. However, as detailed below, 
participants may submit confidential information to the Commission to 
inform its understanding of these issues, and such information will be 
protected in accordance with the Commission's Rules of Practice and 
Procedure. Participants are strongly encouraged to provide any 
supporting data and information along with their views.
    Public Hearing: A public hearing in connection with this 
investigation will be held in person beginning at 9:30 a.m. on December 
7, 2023, in the Main Hearing Room of the U.S. International Trade 
Commission, 500 E Street SW, Washington, DC 20436. The hearing can also 
be accessed remotely using the WebEx videoconference platform. A link 
to the hearing will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    Requests to appear at the hearing should be filed with the 
Secretary to the Commission no later than 5:15 p.m., November 17, 2023, 
in accordance with the requirements in the ``Written Submissions'' 
section below. Any requests to appear as a witness via videoconference 
must be included with your request to appear. Requests to appear as a 
witness via videoconference must include a statement explaining why the 
witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigation, may at their discretion for 
good cause shown, grant such requests. Requests to appear as a witness 
via videoconference due to illness or a positive COVID-19 test result 
may be submitted by 3 p.m. the business day prior to the hearing.
    All prehearing briefs and statements should be filed no later than 
5:15 p.m., November 21, 2023. To facilitate the hearing, including the 
preparation of an accurate written public transcript of the hearing, 
oral testimony to be presented at the hearing must be submitted to the 
Commission electronically no later than 5:15 p.m., November 29, 2023. 
All posthearing briefs and statements should be filed no later than 
5:15 p.m., December 21, 2023. Posthearing briefs and statements should 
address matters

[[Page 43635]]

raised at the hearing. For a description of the different types of 
written briefs and statements, see the ``Definitions'' section below.
    In the event that, as of the close of business on November 17, 
2023, 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 check the Commission website as 
indicated above for information concerning whether the hearing will be 
held.
    Written submissions: In lieu of or in addition to participating in 
the hearing, interested persons are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received no later than 5:15 
p.m., June 28, 2024. 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.
    Definitions of types of documents that may be filed; Requirements: 
In addition to requests to appear at the hearing, this notice provides 
for the possible filing of four types of documents: prehearing briefs, 
oral hearing statements, posthearing briefs, and other written 
submissions.
    (1) Prehearing briefs refers to written materials relevant to the 
investigation and submitted in advance of the hearing, and includes 
written views on matters that are the subject of the investigation, 
supporting materials, and any other written materials that you consider 
will help the Commission in understanding your views. You should file a 
prehearing brief particularly if you plan to testify at the hearing on 
behalf of an industry group, company, or other organization, and wish 
to provide detailed views or information that will support or 
supplement your testimony.
    (2) Oral hearing statements (testimony) refers to the actual oral 
statement that you intend to present at the hearing. Do not include any 
confidential business information (CBI) in that statement. If you plan 
to testify, you must file a copy of your oral statement by the date 
specified in this notice. This statement will allow Commissioners to 
understand your position in advance of the hearing and will also assist 
the court reporter in preparing an accurate transcript of the hearing 
(e.g., names spelled correctly).
    (3) Posthearing briefs refers to submissions filed after the 
hearing by persons who appeared at the hearing. Such briefs: (a) should 
be limited to matters that arose during the hearing; (b) should respond 
to any Commissioner and staff questions addressed to you at the 
hearing; (c) should clarify, amplify, or correct any statements you 
made at the hearing; and (d) may, at your option, address or rebut 
statements made by other participants in the hearing.
    (4) Other written submissions refers to any other written 
submissions that interested persons wish to make, regardless of whether 
they appeared at the hearing, and may include new information or 
updates of information previously provided.
    In accordance with the provisions of section 201.8 of the 
Commission's Rules of Practice and Procedure (19 CFR 201.8), the 
document must identify on its cover (1) the investigation number and 
title and the type of document filed (i.e., prehearing brief, oral 
statement of (name), posthearing brief, or written submission), (2) the 
name and signature of the person filing it, (3) the name of the 
organization that the submission is filed on behalf of, and (4) whether 
it contains CBI. If it contains CBI, it must comply with the marking 
and other requirements set out below in this notice relating to CBI. 
Submitters of written documents (other than oral hearing statements) 
are encouraged to include a short summary of their position or interest 
at the beginning of the document, and a table of contents when the 
document addresses multiple issues.
    Confidential business information: 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 ``nonconfidential'' version, and that the CBI is 
clearly identified by means of brackets. All written submissions, 
except for CBI, will be made available for inspection by interested 
persons.
    As requested by the USTR, the Commission will not include any CBI 
in its report. 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 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 no later than June 28, 2024, 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 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 list the name of the organization 
furnishing the summary and will include a link where the written 
submission can be found.

    By order of the Commission.

    Issued: July 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-14500 Filed 7-7-23; 8:45 am]
BILLING CODE 7020-02-P