Designations of Developing and Least-Developed Countries Under the Countervailing Duty Law
| Published date | 10 February 2020 |
| Citation | 85 FR 7613 |
| Record Number | 2020-02524 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
7613
Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
DEPARTMENT OF STATE
[Public Notice 11029]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘El Greco:
Ambition and Defiance’’ Exhibition
SUMMARY
: Notice is hereby given of the
following determinations: I hereby
determine that certain objects to be
included in the exhibition ‘‘El Greco:
Ambition and Defiance,’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners or custodians. I also
determine that the exhibition or display
of the exhibit objects at the Art Institute
of Chicago, Chicago, Illinois, from on or
about March 7, 2020, until on or about
June 21, 2020, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these determinations be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT
: Chi
D. Tran, Paralegal Specialist, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, SA–5, Suite 5H03, Washington, DC
20522–0505.
SUPPLEMENTARY INFORMATION
: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
and Delegation of Authority No. 236–3
of August 28, 2000.
Matthew R. Lussenhop,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2020–02578 Filed 2–7–20; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 290 (Sub-No. 4)]
Railroad Cost Recovery Procedures—
Productivity Adjustment
AGENCY
: Surface Transportation Board.
ACTION
: Presentation of the Board’s
calculation for the change in railroad
productivity for the 2014–2018
averaging period.
SUMMARY
: In a decision served on
February 6, 2020, the Board proposed to
adopt 1.010 (1.0% per year) as the
measure of average (geometric mean)
change in railroad productivity for the
2014–2018 (five-year) period. This
represents an increase of 0.5% from the
average for the 2013–2017 period. The
Board’s February 6, 2020 decision in
this proceeding stated that comments
may be filed addressing any perceived
data and computational errors in the
Board’s calculation. The decision also
stated that, unless a further order is
issued postponing the effective date,
this decision will take effect on March
1, 2020.
DATES
: Comments are due by February
21, 2020.
ADDRESSES
: Comments may be filed
with the Board either via e-filing or in
writing addressed to: Surface
Transportation Board, Attn: Docket No.
EP 290 (Sub-No. 4), 395 E Street SW,
Washington, DC 20423–0001.
Comments must be served on all parties
appearing on the service list.
FOR FURTHER INFORMATION CONTACT
:
Pedro Ramirez at (202) 245–0333.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION
: The
Board’s decision is posted at http://
www.stb.gov. Copies of the decision may
be purchased by contacting the Board’s
Office of Public Assistance,
Governmental Affairs, and Compliance
at (202) 245–0238.
Authority: 49 U.S.C. 10708.
Decided: February 4, 2020.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020–02568 Filed 2–7–20; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Designations of Developing and Least-
Developed Countries Under the
Countervailing Duty Law
AGENCY
: Office of the United States
Trade Representative.
ACTION
: Notice.
SUMMARY
: The U.S. Trade
Representative is designating World
Trade Organization (WTO) Members
that are eligible for special de minimis
countervailable subsidy and negligible
import volume standards under the
countervailing duty (CVD) law.
Elsewhere in this issue of the Federal
Register, the U.S. Trade Representative
is removing the Office of the United
States Trade Representative’s rulesthat
contain the designations superseded by
this notice.
DATES
: The designations are applicable
as of February 10, 2020.
FOR FURTHER INFORMATION CONTACT
:
David P. Lyons, Assistant General
Counsel, at 202–395–9446, or Roy
Malmrose, Director for Industrial
Subsidies, at 202–395–9542.
SUPPLEMENTARY INFORMATION
:
A. General Background
In the Uruguay Round Agreements
Act (URAA), Public Law 103–465,
Congress amended the CVD law to
conform to U.S. obligations under the
WTO Agreement on Subsidies and
Countervailing Measures (SCM
Agreement). Under the SCM Agreement,
WTO Members that have not yet
reached the status of a developed
country are entitled to special treatment
for purposes of countervailing measures.
Specifically, imports from such
Members are subject to different
thresholds for purposes of determining
whether countervailable subsidies are
de minimis and whether import
volumes are negligible.
Under section 771(36) of the Tariff
Act of 1930, as amended (the Act), 19
U.S.C. 1677(36), Congress delegated to
the U.S. Trade Representative the
responsibility for designating those
WTO Members whose imports are
subject to these special thresholds. In
addition, section 771(36)(D) requires the
U.S. Trade Representative to publish a
list of designations, updated as
necessary, in the Federal Register. This
notice implements the requirements of
section 771(36)(D).
On June 2, 1998, the U.S. Trade
Representative published an interim
final rule (1998 rule) designating
Subsidy Agreement countries eligible
for special de minimis countervailable
subsidy and negligible import volume
standards under the CVD law. See 63 FR
29945. ‘‘Subsidies Agreement country’’
is defined in section 701(b) of the Act,
19 U.S.C. 1671(b), and includes
countries that are WTO Members. The
U.S. Trade Representative is revising the
lists in the 1998 rule, as described
below, and removing the 1998 rule
because it now is obsolete.
B. Explanation of the List
1. Introduction
For purposes of countervailing
measures, the SCM Agreement extends
special and differential treatment to
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
1
United Nations World Economic Situation and
Prospects (2019), p. 173, available at https://
www.un.org/development/desa/dpad/wp-content/
uploads/sites/45/WESP2019_BOOK-ANNEX-en.pdf.
2
See Doha Ministerial Decision on
Implementation-Related Issues and Concerns, WT/
MIN(01)17 (November 20, 2001) (specifying that
Annex VII(b) is to list Members until their GNP per
capita reaches $1,000 in constant 1990 U.S. dollars
for three consecutive years; see also Updating GNP
Per Capita for Members Listed in Annex VII(b) as
Foreseen in Paragraph 10.1 of the Doha Ministerial
Decision and in Accordance with the Methodology
in G/SCM/38, G/SCM/110/Add.16 (May 14, 2019)
(circulating updated calculations by the
Secretariat).
3
The 1998 rule used per capita gross national
product rather than GNI. The most recent World
Bank data set this dividing line at $12,375. See New
country classifications by income level: 2019–2020,
World Bank Data Blog, July 1, 2019, available at
https://blogs.worldbank.org/opendata/new-country-
classifications-income-level-2019-2020.
developing and least-developed
Members in the following manner:
De Minimis Thresholds: Under Article
11.9 of the SCM Agreement, authorities
must terminate a CVD investigation if
the amount of the subsidy is de
minimis, which normally is defined as
less than 1 percent ad valorem. Under
Article 27.10(a), however, for a
developing Member the de minimis
standard is 2 percent or less. Consistent
with Article 27.11 and section 703(b)(4)
of the Act, the 2 percent de minimis
threshold also now applies to least-
developed countries.
Negligible Import Volumes: Under
Article 11.9, authorities must terminate
a CVD investigation if the volume of
subsidized imports from a country is
negligible. Under the CVD law, imports
from an individual country normally are
considered negligible if they are less
than 3 percent of total imports of a
product into the United States. Imports
are not considered negligible if the
aggregate volume of imports from all
countries whose individual volumes are
less than 3 percent exceeds 7 percent of
all such merchandise. However, under
Article 27.10(b) and section 771(24)(B)
of the Act, imports from a developing or
least-developed Member are considered
negligible if the import volume is less
than 4 percent of total imports, unless
the aggregate volume of imports from
countries whose individual volumes are
less than 4 percent exceeds 9 percent.
In the URAA, Congress incorporated
into the CVD law the SCM Agreement
standards for de minimis thresholds and
negligible import volumes. Section
703(b)(4)(B)–(D) of the Act, 19 U.S.C.
1671b(b)(4)(B)–(D), incorporates the de
minimis standards, while section
771(24)(B), 19 U.S.C. 1677(24)(B),
incorporates the negligible import
standards. However, in the statute itself,
Congress did not identify by name those
WTO Members eligible for special
treatment. Instead, section 267 of the
URAA added section 771(36) to the Act,
which delegates to the U.S. Trade
Representative the responsibility to
designate those WTO Members subject
to special standards for de minimis and
negligible import volume. In addition,
section 771(36) requires the U.S. Trade
Representative to publish in the Federal
Register, and update as necessary, a list
of the Members designated as eligible
for special treatment under the CVD
law.
The effect of these designations is
limited to Title VII of the Act.
Specifically, section 771(36)(E) of the
Act provides that the fact that a WTO
Member is designated in the list as
developing or least-developed has no
effect on how that Member may be
classified with respect to any other law.
2. Data Sources
In making the designations, the U.S.
Trade Representative relied on per
capita gross national income (GNI) data
from the World Bank and trade data
from the Trade Data Monitor, which
contains official data from national
statistical bureaus, customs authorities,
central banks, and other government
agencies.
3. Designation of WTO Members as
Least-Developed Countries
As explained above, the distinction
between developing and least-
developed countries no longer matters
for purposes of the de minimis
threshold: both are eligible for the same
2 percent rate. Nonetheless, for clarity
and consistent with section 771(36) of
the Act, this notice separately identifies
developing and least-developed
countries. The list of WTO Members
that are least-developed countries is
derived from Annex VII to the SCM
Agreement, which describes least-
developed countries as those designated
by the United Nations (Annex VII(a))
and named in Annex VII(b)), provided
the per capita GNP has not reached
$1,000 per annum. A number of WTO
Members are included on the United
Nations list of least-developed
countries,
1
and several more are
included under Annex VII(b) based
upon their GNI per capita at constant
1990 dollars: Co
ˆte d’Ivoire, Ghana,
Honduras, Kenya, Nicaragua, Nigeria,
Pakistan, Senegal, and Zimbabwe.
2
C. Designation of WTO Members
Eligible for 2 Percent De Minimis
Standard
1. Introduction
Based on section 771(36)(D) of the
Act, in determining which WTO
Members should be considered as
developing and, thus, eligible for the 2
percent de minimis standard, the U.S.
Trade Representative has considered
appropriate economic, trade, and other
factors, including the level of economic
development of a country (based on a
review of the country’s per capita GNI)
and a country’s share of world trade.
The U.S. Trade Representative
developed the list of Members eligible
for the 2 percent de minimis standard
based on the following criteria: (1) Per
capita GNI, (2) share of world trade, and
(3) other factors such as Organization for
Economic Co-operation and
Development (OECD) membership or
application for membership, European
Union (EU) membership, and Group of
Twenty (G20) membership.
2. Per Capita GNI
Similar to the 1998 rule, the U.S.
Trade Representative relied on the
World Bank threshold separating ‘‘high
income’’ countries from those with
lower per capita GNIs.
3
This means that
WTO Members with a per capita GNI
below $12,375 were treated as eligible
for the 2 percent de minimis standard,
subject to the other factors described
below. Advantages of relying upon the
World Bank high income designation
include that it is straightforward to
apply, based on a recognized GNI
dividing line between developed and
developing countries for purposes of the
world’s primary multilateral lending
institution, and consistent with the test
for beneficiary developing country
status set out in the U.S. Generalized
System of Preferences statute, section
502(e) of the Trade Act of 1974.
3. Share of World Trade
The U.S. Trade Representative also
considered whether countries account
for a significant share of world trade
and, thus, should be treated as ineligible
for the 2 percent de minimis standard.
In the 1998 rule, the U.S. Trade
Representative considered a share of
world trade of 2 percent or more to be
‘‘significant’’ because of the
commitment in the Statement of
Administration Action (SAA), approved
by the Congress along with the URAA,
that Hong Kong, Korea, and Singapore
would be ineligible for developing
country treatment, and each of these
countries accounted for a share of world
trade in excess of 2 percent. The U.S.
Trade Representative now considers 0.5
percent to be a more appropriate
indicator of a ‘‘significant’’ share of
world trade. According to the most
recent available data from 2018,
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relatively few countries account for
such a large share (i.e., more than 0.5
percent) of world trade, and those that
do include many of the wealthiest
economies.
For purposes of U.S. CVD law, the
U.S. Trade Representative therefore
considers countries with a share of 0.5
percent or more of world trade to be
developed countries. Thus, Brazil,
India, Indonesia, Malaysia, Thailand,
and Viet Nam are ineligible for the 2
percent de minimis standard,
notwithstanding that, based on the most
recent World Bank data, each country
has a per capita GNI below $12,375.
4. Other Factors
Section 771(36)(D) of the Act
contemplates that the U.S. Trade
Representative may consider additional
factors. To that end, consistent with the
1998 rule, the U.S. Trade Representative
took into account EU membership,
which indicates a relatively high level
of economic development. In addition,
under section 771(3) of the Act, the EU
may be treated as a single country for
purposes of the CVD law and, while
uncommon, there have been CVD
investigations against merchandise from
the European Communities, rather than
EU Member States. Because the EU is
ineligible for the 2 percent de minimis
standard, it would be anomalous to treat
an individual EU Member as eligible for
that standard. Accordingly, for purposes
of U.S. CVD law, the U.S. Trade
Representative considers all EU
Members as developed countries. Thus,
Bulgaria and Romania are ineligible for
the 2 percent de minimis standard,
notwithstanding that, based on the most
recent World Bank data, each country
has a per capita GNI below $12,375.
The U.S. Trade Representative also
took into account OECD membership
and applications for OECD membership.
The characterization of the OECD as a
grouping of developed countries has
been confirmed throughout its existence
in a number of published OECD
documents, and the OECD consistently
has been viewed as, and acts itself in the
capacity of, the principal organization of
developed economies worldwide. Thus,
by joining or applying to join the OECD,
a country effectively has declared itself
to be developed. Although the 1998 rule
considered OECD membership only,
given the significance of this self-
designation, the act of applying to the
OECD, in addition to joining, indicates
that a country is developed.
Accordingly, the U.S. Trade
Representative has determined that an
OECD member or applicant should not
be eligible for the 2 percent de minimis
standard. Thus, Colombia and Costa
Rica are ineligible for the 2 percent de
minimis standard, notwithstanding that,
based on the most recent World Bank
data, each country has a per capita GNI
below $12,375.
The U.S. Trade Representative also
took into account G20 membership. The
G20 was established in September 1999,
and so was not considered in the 1998
rule. The G20 is a preeminent forum for
international economic cooperation,
which brings together major economies
and representatives of large
international institutions such as the
World Bank and International Monetary
Fund. Given the global economic
significance of the G20, and the
collective economic weight of its
membership (which accounts for large
shares of global economic output and
trade), G20 membership indicates that a
country is developed. Thus, Argentina,
Brazil, India, Indonesia, and South
Africa are ineligible for the 2 percent de
minimis standard, notwithstanding that,
based on the most recent World Bank
data, each country has a per capita GNI
below $12,375.
The U.S. Trade Representative did not
consider social development indicators
such as infant mortality rates, adult
illiteracy rates, and life expectancy at
birth, as a basis for changing a
designation. The U.S. Trade
Representative did consider that if a
country considers itself a developed
country, or has not declared itself a
developing country in its accession to
the WTO, it should not be considered a
developing country for purposes of the
SCM Agreement. Therefore, Albania,
Armenia, Georgia, Kazakhstan, the
Kyrgyz Republic, Moldova, Montenegro,
North Macedonia, and Ukraine are
ineligible for the 2 percent de minimis
standard, notwithstanding that, based
on the most recent World Bank data,
each country has a per capita GNI below
$12,375.
Furthermore, the 1998 rule omitted
WTO Members that in the past had
been, or could have been, considered as
nonmarket economy countries not
subject to the CVD law. Because
nonmarket economies may now be
subject to CVD law, the lists set forth in
this notice do not omit nonmarket
economies.
D. Designation of Developed Countries
The 1998 rule included a list of
‘‘developed countries’’ that did not
qualify as developing or least
developed. Because section 771(36) of
the Act does not require the U.S. Trade
Representative to maintain a list of
developed countries, this notice does
not include such a list.
E. List of Least-Developed and
Developing Countries
In accordance with section 771(36) of
the Act, imports from least-developed
and developing WTO Members set forth
in the following lists are subject to a de
minimis standard of 2 percent and a
negligible import standard of 4 percent:
Least-Developed Countries Under
Section 771(36)(B) of the Act
Afghanistan
Angola
Bangladesh
Benin
Burkina Faso
Burundi
Cambodia
Central African Republic
Chad
Co
ˆte d’Ivoire
Democratic Republic of the Congo
Djibouti
Gambia
Ghana
Guinea
Guinea-Bissau
Haiti
Honduras
Kenya
Lao People’s Democratic Republic
Lesotho
Liberia
Madagascar
Malawi
Mali
Mauritania
Mozambique
Myanmar
Nepal
Nicaragua
Niger
Nigeria
Pakistan
Rwanda
Senegal
Sierra Leone
Solomon Islands
Tanzania
Togo
Uganda
Vanuatu
Yemen
Zambia
Zimbabwe
Developing Countries Under Section
771(36)(A) of the Act
Bolivia
Botswana
Cabo Verde
Cameroon
Cuba
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
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Eswatini
Fiji
Gabo
´n
Grenada
Guatemala
Guyana
Jamaica
Jordan
Maldives
Mauritius
Mongolia
Morocco
Namibia
Papua New Guinea
Paraguay
Peru
Philippines
St. Lucia
St. Vincent & Grenadines
Samoa
Sri Lanka
Suriname
Tajikistan
Tonga
Tunisia
Venezuela
Joseph Barloon,
General Counsel, Office of the U.S. Trade
Representative.
[FR Doc. 2020–02524 Filed 2–7–20; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2020–0141]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a New Approval of
Information Collection: FAA Veteran’s
Flight Training Services Workforce
Development Grant Program
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice and request for
comments.
SUMMARY
: In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval for a new information
collection. The collection involves the
establishment of a new grant program in
the FAA for Veteran’s Flight Training
Services Workforce Development. The
information to be collected will be used
for selecting projects.
DATES
: Written comments should be
submitted by April 10, 2020.
ADDRESSES
: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By mail: Linda Long, William J.
Hughes Technical Center, Atlantic City
International Airport, B300, 2nd Floor,
Column H–15, Atlantic City, NJ 08405.
By fax: 609–485–4101.
FOR FURTHER INFORMATION CONTACT
:
Linda Long by email at: Linda.Long@
faa.gov; phone: 609–485–8902.
SUPPLEMENTARY INFORMATION
:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–XXXX.
Title: FAA Veteran’s Flight Training
Services Workforce Development Grant
Program.
Form Numbers:
SF–424_2_1–V2.1 Application for
Federal Assistance
SF–424A–V1.0 Budget Narrative
SF424B–V1.1, Assurances Non-
Construction
Project/Performance Site Location_2_
0–V2.0
Project Narrative, Project Narrative
Attachments_1_2–V1.2
Attachment Form_1–2–V1.2
SF–LLL_1_2–V1.2, Disclosure of
Lobbying Activities
GG Lobbying Form–v1.1, Certification
Regarding Lobbying
Key Contacts–V1.0,
SF–272, Federal Cash Transactions
SF–3881, ACH Vendor Payment
Enrollment
Type of Review: New information
collection.
Background: This is a new collection
and is required to retain a benefit from
the Federal Aviation Administration’s
(FAA). The new collection will be
conducted for reporting purposes and
will assist in the FAA in administering
a new Veteran’s Flight Training Services
Workforce Development Grant Program.
As part of the FAA’s FY20
appropriation, Congress directed the
FAA to use a portion of the
appropriation to help facilitate the
future supply of adequate pilots and to
award competitive grants with a priority
given to accredited flight schools by the
Department of Education or hold a
restricted airline transport pilot letter of
authorization. The collection will be
conducted by the FAA in applications
for grant awards not more frequently
than annually with bi-annual final
reports from all grant recipients. It will
provide critical data on locations where
the grant dollars are being used to plan
and respond the aircraft pilot workforce
shortage. This information will provide
the FAA with an indication of where
gaps exist in planning for the workforce
shortage and will help the FAA
determine which projects have the great
ability to help address the forecasted
aircraft pilot shortage. At a date that is
still to be determined, the FAA will post
a Notice of Funding Opportunity
(NOFO) www.grants.gov upon
completing the Paperwork Reduction
Act’s required 30 Day Federal Register
Notice, Office of Management and
Budget (OMB) review period and OMB’s
final issuance of a Paperwork Reduction
Act Clearance number for the program.
Respondents: The FAA estimates
approximately 30 respondents from
Accredited flight schools by the
Department of Education or hold a
restricted airline transport pilot letter of
authorization.
Frequency: The collection will be
conducted by the FAA in applications
for grant awards not more frequently
than annually with bi-annual and final
reports from all grant recipients.
Estimated Average Burden per
Response: 4 Hours.
Estimated Total Annual Burden: 360
Hours (4 Hours × 30 respondents × 3
responses per year).
Linda A Long,
Program Manager, Aviation Workforce
Development Grant Programs, NextGen
Partnership Contracts Branch (ANG–A17).
[FR Doc. 2020–02567 Filed 2–7–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
AGENCY
: Office of Foreign Assets
Control, Treasury.
ACTION
: Notice.
SUMMARY
: The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that were placed
on OFAC’s Specially Designated
Nationals and Blocked Persons List
based on OFAC’s determination that one
or more applicable legal criteria were
satisfied. All property and interests in
property subject to U.S. jurisdiction of
these persons were blocked, and U.S.
persons were generally prohibited from
engaging in transactions with them.
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