[Federal Register: October 26, 2001 (Volume 66, Number 208)]
[Notices]               
[Page 54321-54324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc01-125]                         

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 
Trade Policy Staff Committee; Public Comments on Potential Action 
Under Section 203 of the Trade Act of 1974 With Regard to Imports of 
Certain Steel

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of request for comments on what action the President 
should take under section 203 of the Trade Act of 1974, as amended, (19 
U.S.C. 2253) to facilitate efforts by the domestic industries producing 
certain steel products to make a positive adjustment to import 
competition and provide greater economic and social benefits than 
costs.

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SUMMARY: This publication gives notice that the Trade Policy Staff 
Committee (TPSC) is requesting comments from interested persons related 
to the recommendation that the interagency group established under 
section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) 
(interagency group) makes as to what action the President should take 
under section 203(a) of the Trade Act of 1974, as amended, (19 U.S.C. 
2253(a)) (Trade Act) to facilitate efforts by the domestic industries 
producing certain steel products to make a positive adjustment to 
import competition and provide greater economic and social benefits 
than costs.
    The steel products covered by this notice are: (1) Carbon and alloy 
steel slabs, plate (including cut-to-length plate and clad plate), hot-
rolled sheet and strip (including plate in coils), cold-rolled sheet 
and strip (other than grain-oriented electrical steel), and corrosion-
resistant and other coated sheet and strip; (2) carbon and alloy hot-
rolled bar and light shapes; (3) carbon and alloy cold-finished bar; 
(4) rebar; (5) carbon and alloy welded tubular products (other than oil 
country tubular goods); (6) carbon and alloy flanges, fittings, and 
tool joints; (7) stainless steel bar and light shapes; (8) stainless 
steel rod; (9) carbon and alloy tin mill products; (10) tool steel, all 
forms; (11) stainless steel wire; and (12) stainless steel flanges and 
fittings. On October 22, the U.S. International Trade Commission (ITC) 
found that increased imports of the products listed in (1) through (8) 
are a substantial cause of serious injury or the threat of serious 
injury to the domestic industries producing those products. The 
Commissioners voting were equally divided with respect to the 
determination whether increased imports of products listed in (9) 
through (12) are a substantial cause of serious

[[Page 54322]]

injury or the threat of serious injury to the domestic industry 
producing those products.
    The TPSC is requesting comments on actions that the commenting 
person or entity intends to take to facilitate the positive adjustment 
to import competition; requests for exclusions of products from any 
increased duty, tariff-rate quota, or quantitative restriction that the 
President may impose under section 203(a) of the Trade Act; and 
comments on what action, if any, the President should take under 
section 203(a) of the Trade Act in response to each affirmative finding 
of serious injury or threat thereof to a domestic industry announced by 
the ITC.

DATES: Written proposals on adjustment actions should be submitted no 
later than November 5, 2001; responses to proposals should be submitted 
no later than November 19, 2001. Requests for the exclusion of specific 
products from any action under section 203(a) should be submitted by 
noon on November 13, 2001; responses to requests should be submitted no 
later than November 27, 2001. Written comments on what action, if any, 
the President should take under section 203(a) of the Trade Act should 
be submitted no later than noon on December 28, 2001; responses to 
written comments should be submitted no later than noon on January 8, 
2002.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
public comments, contact Gloria Blue, Executive Secretary, TPSC, Office 
of the USTR, 600 17th Street, NW., Washington, DC 20508 (202) 395-3475. 
All other questions should be addressed to Andrew Stephens, Director 
for Steel Trade Policy, Office of the USTR (202) 395-6160.

SUPPLEMENTARY INFORMATION: On October 22, 2001, the ITC issued 
affirmative determinations under section 202(b) of the Trade Act (22 
U.S.C. 2252(b)) that (1) carbon and alloy steel slabs, plate (including 
cut-to-length plate and clad plate), hot-rolled sheet and strip 
(including plate in coils), cold-rolled sheet and strip (other than 
grain-oriented electrical steel), and corrosion-resistant and other 
coated sheet and strip; (2) carbon and alloy hot-rolled bar and light 
shapes; (3) carbon and alloy cold-finished bar; (4) rebar; (5) carbon 
and alloy welded tubular products (other than oil country tubular 
goods); (6) carbon and alloy flanges, fittings, and tool joints; (7) 
stainless steel bar and light shapes; and (8) stainless steel rod are 
being imported in such increased quantities as to be a substantial 
cause of serious injury, or the threat thereof, to the domestic 
industries producing those products. The Commissioners voting were 
equally divided with respect to the determination under section 202(b) 
of the Trade Act as to whether increased imports of (9) carbon and 
alloy tin mill products; (10) tool steel, all forms; (11) stainless 
steel wire; and (12) stainless steel flanges and fittings are being 
imported in such increased quantities as to be a substantial cause of 
serious injury, or the threat thereof, to the domestic industries 
producing those products. The ITC is in the process of deciding what 
action under section 202(e) of the Trade Act to recommend that would 
address the serious injury, or threat thereof, to the domestic 
industries and most effectively facilitate the efforts of the domestic 
industries to make positive adjustments to import competition. The ITC 
must issue a report on its determinations and recommendations to the 
President no later than December 19, 2001.
    Pursuant to section 203(a)(1)(C) of the Trade Act, the interagency 
group will subsequently make a recommendation to the President as to 
what action, if any, to take under section 203(a)(1)(A) of the Trade 
Act. In making its recommendation, the interagency group will take into 
account the factors listed in Section 203(a)(2), including the 
objectives and actions specified in any adjustment plans submitted 
under section 202(a)(4) of the Trade Act and any individual commitments 
under section 202(a)(6) of the Trade Act. The interagency group will 
also consider and make a recommendation with regard to any request for 
exclusion of a product from any import relief provided under section 
203.
    In light of the number of articles subject to the ITC's 
determination, the number of persons who may wish to comment on the 
action that the President may take under section 203, and the 
complexity of the issues involved, the TPSC has decided to adopt 
special guidelines for the submission of comments and the conduct of 
meetings with interested persons.

Written Proposals on Adjustment Actions

    The TPSC invites written proposals from any
     Firm in the domestic industries;
     Certified or recognized union or group of workers in the 
domestic industries;
     State or local community;
     Trade association representing the domestic industries; or
     Any other interested person or group of interested persons

regarding the actions that the commenting person or entity intends to 
take to facilitate the positive adjustment to import competition.
    Written proposals on adjustment actions should be as specific as 
possible and should:
    (a) Assess current problems affecting the industries' ability to 
compete with imports;
    (b) Indicate the types of actions that workers and firms will 
undertake during a period of import relief to improve the ability of 
the industries to compete after relief terminates or to facilitate 
adjustment to increased import competition;
    (c) Recommend types of actions that may be taken by Federal 
agencies or departments to assist the domestic industries' efforts 
either to enhance their competitiveness or to adjust to import 
competition; and
    (d) Explain how import relief will assist in achieving these 
objectives.
    Written proposals on adjustment actions should be submitted no 
later than noon on November 5, 2001.
    The TPSC also invites any person or entity listed above to submit a 
written comment on any written proposal on positive adjustment actions. 
Written comments should be as specific as possible, including 
recommendations, and should be submitted no later than noon on November 
19, 2001.

Requests To Exclude Products From Import Relief Under Section 203

    The TPSC will consider requests by a producer, importer, or 
purchaser of certain steel products for the exclusion of a particular 
product, defined in terms of its unique physical characteristics, from 
any increased duty, tariff-rate quota, or quantitative restriction that 
the President may impose under section 203(a) of the Trade Act. Any 
such request must be made in writing, and contain the following 
information:
    (a) The designation of the product under a recognized standard or 
certification (e.g., ASTM, DIN), or the commercial name for the product 
and the HTS number under which the product enters the United States;
    (b) A description of the product based on physical characteristics 
(e.g., chemical composition, metallurgical properties, dimensions, 
surface quality) so as to distinguish the product from products for 
which exclusion is not sought;
    (c) The basis for requesting an exclusion;
    (d) The names and locations of any producers, in the United States 
and foreign countries, of the product;

[[Page 54323]]

    (e) Total U.S. consumption of the product, if any, by quantity and 
value for each year from 1996 to 2000, and projected annual consumption 
for each year from 2001 to 2005, with an explanation of the basis for 
the projection;
    (f) Total U.S. production of the product for each year from 1996 to 
2000, if any; and
    (g) The identity of any U.S.-produced substitute for the product, 
total U.S. production of the substitute for each year from 1996 to 
2000, and the names of any U.S. producers of the substitute.
    Requests should be as specific as possible. If precise data are not 
available, the request should include estimates, and describe in detail 
the basis for making the estimate. All requests should be submitted by 
noon on November 13, 2001.
    The TPSC invites responses to any request for exclusion submitted 
in accordance with this notice. Responses should provide, with as much 
specificity as possible, any data, views or recommendations relevant to 
the TPSC's consideration of the request. All responses should be 
submitted by noon on November 27, 2001.
    The TPSC may disregard any request for exclusion or response to a 
request for exclusion submitted after the specified time and date.

TPSC Evaluation of Options for Action Under Section 203

    The TPSC will begin its evaluation of options for action by the 
President under section 203 after the ITC issues its report on serious 
injury and recommended remedy. As part of that process, the TPSC 
invites written comments from interested persons on what action, if 
any, the President should take under section 203(a) of the Trade Act in 
response to each affirmative determination of injury or threat thereof 
to a domestic industry made by the ITC. Written comments should be as 
specific as possible, including data, views and recommendations, and 
may address the following options authorized under section 203(a)(3):
    (a) Whether to take an action in the form of an increase in duties, 
a tariff-rate quota, a quantitative restriction, or some combination of 
such actions on an imported article covered by an affirmative 
determination by the ITC and, if so, the rate of any duty, rate and 
affected quantity of any tariff-rate quota, or level of any 
quantitative restriction;
    (b) The duration of any action;
    (c) Whether to provide trade adjustment assistance under chapter 2 
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), or any other form of 
adjustment assistance, to the domestic industries and, if so, the 
nature of the assistance;
    (d) Whether to proclaim procedures to allocate among importers by 
the auction of import licenses quantities of any product that are 
permitted to be imported into the United States;
    (e) Whether to negotiate agreements with foreign countries limiting 
the export from those countries and import into the United States of an 
article subject to the ITC's affirmative determination;
    (f) Whether to initiate international negotiations to address the 
underlying cause of the increase in imports of the article or otherwise 
to alleviate the injury or threat thereof;
    (g) Whether to submit to Congress legislative proposals to 
facilitate the efforts of the domestic industries to make positive 
adjustments to import competition; and
    (h) Whether the President should take any other action under the 
authority of law.
    Written comments should be submitted no later than noon on December 
28, 2001.
    The TPSC invites responses to any written comments submitted in 
accordance with this notice. Responses should provide, with as much 
specificity as possible, any data, views or recommendations relevant to 
the TPSC's consideration of the comments. All responses should be 
submitted no later than noon on January 8, 2002.

Written Comments

    Persons submitting written comments, requests, or other information 
in accordance with this notice should, no later than the date and time 
listed above, either send twenty (20) copies by U.S. mail, first class, 
postage prepaid, to Gloria Blue at the address listed above or transmit 
a single copy electronically to FR0001@ustr.gov. A document sent by 
U.S. mail will be considered timely only if it is postmarked on or 
before the relevant date and time. A document transmitted 
electronically will be considered timely if received on or before the 
relevant date and time. The TPSC will not accept submissions delivered 
by messenger or commercial overnight delivery service. Any submission 
more than five (5) pages long should be accompanied by a table of 
contents and a concise executive summary. The TPSC also suggests that 
requests for exclusion and responses to requests for exclusion be no 
more than ten (10) pages in length, and that all other submissions be 
no more than twenty-five (25) pages in length.
    Written comments, requests, or other information submitted by U.S. 
mail should be accompanied by a computer disk containing an electronic 
copy of the public or non-confidential version of the submission in a 
commercial word processing or spreadsheet format. The disk should have 
a label identifying the software used, the submitter, and the title of 
the submission. In addition, submitters should take steps to ensure 
that they delete all business confidential information from the 
electronic copy of any public or non-confidential document.
    Written comments, requests, or other information submitted in 
connection with this request, except for information granted ``business 
confidential'' status pursuant to 15 CFR 2003.6, will be available for 
public inspection in the USTR Reading Room, Room 3, 1724 F Street, NW., 
Washington, DC 20508. An appointment to review the file may be made by 
calling Brenda Webb at (202) 395-6186. The Reading Room is open to the 
public from 10:00 a.m. to 12 noon, and from 1 p.m. to 4 p.m. Monday 
through Friday. These submissions will also be available on the USTR 
web site, www.ustr.gov.
    Business confidential information will be subject to the 
requirements of 15 CFR 2003.6. Any business confidential material must 
be clearly marked as such on the cover letter or page and each 
succeeding page, and must be accompanied by a non-confidential summary 
thereof, in the form specified above. A justification as to why the 
information contained in the submission should be treated 
confidentially must be included in the submission. The TPSC requests 
interested persons to summarize any deleted business confidential 
information by (1) providing a written characterization of any business 
confidential information in narrative form; and (2) aggregating, 
ranging, or indexing any numerical business confidential information.
    If a document containing business confidential information is 
submitted by U.S. mail, twenty (20) copies of the business confidential 
submission and twenty (20) copies of a public version that does not 
contain business confidential information must be submitted. Any 
submissions containing business confidential information must be 
clearly marked ``Business Confidential'' at the top and bottom of the 
cover page (or letter) and each succeeding page of the submission. The 
version that does not contain business confidential information should 
also be clearly marked, at the top and bottom of each page, ``public 
version'' or ``non-confidential.'' If a document containing business 
confidential information is

[[Page 54324]]

submitted by electronic transmission, one copy of the business 
confidential version and one copy of a public version must be 
submitted. The name of the business confidential version should begin 
with the characters ``BC-'', and the name of the public version should 
begin with the characters ``P-.'' The electronic copy of each document 
should have a header and footer on each page indicating whether it is 
``Business Confidential'' or ``public version'' or ``non-
confidential.''

Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. 01-27134 Filed 10-24-01; 3:03 pm]
BILLING CODE 3190-01-P