Notice of Hearing and Request for Public Comments: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

Citation84 FR 32248
Record Number2019-14352
Published date05 July 2019
SectionNotices
CourtTrade Representative Office Of The United States
Federal Register, Volume 84 Issue 129 (Friday, July 5, 2019)
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
                [Notices]
                [Pages 32248-32251]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14352]
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                OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
                [Docket No. USTR-2019-0003]
                Notice of Hearing and Request for Public Comments: Enforcement of
                U.S. WTO Rights in Large Civil Aircraft Dispute
                AGENCY: Office of the United States Trade Representative.
                ACTION: Notice of hearing, and request for comments.
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                SUMMARY: The U.S. Trade Representative is considering the additional
                list of products in the Annex to this notice, for inclusion on a final
                list of products to be subject to increased duties in connection with
                the enforcement of U.S. rights in the World Trade Organization (WTO)
                dispute against the European Union (EU) and certain EU member States
                addressed to EU subsidies on large civil aircraft. The interagency
                Section 301 Committee is seeking public comments and will hold a public
                hearing in connection with the possible imposition of increased duties
                on the products in the Annex to this notice.
                DATES: To be assured of consideration, the following schedule applies:
                 July 24, 2019: Due date for submission of requests to appear at the
                public hearing and summary of testimony.
                 August 5, 2019: Due date for submission of written comments.
                 August 5, 2019: The Section 301 Committee will convene a public
                hearing in the Main Hearing Room of the U.S. International Trade
                Commission, 500 E Street SW, Washington DC 20436 beginning at 9:30 a.m.
                 August 12, 2019: Due date for submission of post-hearing rebuttal
                comments.
                ADDRESSES: You should submit written comments through the Federal
                eRulemaking Portal: http://www.regulations.gov. Follow the instructions
                for submitting comments in sections D and E below. The docket number is
                USTR-2019-0003. For issues with on-line submissions, please contact the
                Office of the United States Trade Representative (USTR) Section 301
                line at (202) 395-5725.
                FOR FURTHER INFORMATION CONTACT: For questions about this investigation
                including the proposed tariff actions, contact Megan Grimball,
                Assistant General Counsel, at (202) 395-5725. For questions on customs
                classification of products identified in the Annex to this notice,
                contact [email protected].
                SUPPLEMENTARY INFORMATION:
                A. Proceedings in the Investigation
                 In a notice published on April 12, 2019 (84 FR 15028), the U.S.
                Trade Representative announced the initiation of an investigation to
                enforce U.S. rights in the WTO dispute against the EU and certain EU
                member States addressed to EU subsidies on large civil aircraft. The
                April 12 notice, among other things, sought public comment on a
                preliminary list of EU products (the April 12 list) to be considered
                for inclusion on a final list of products that would be subject to
                additional ad valorem duties of up to 100 percent. As announced in the
                April 12 notice, the Section 301 Committee held a public hearing on May
                15-16, 2019, and received testimony from over 40 individuals.
                Interested persons filed over 600 written submissions, including post-
                hearing comments.
                 A number of public comments submitted in response to the April 12
                notice requested that the U.S. Trade Representative consider additional
                products that were not included in the April 12 list for possible
                inclusion on the final list of products to be subject to additional
                duties.
                B. Consideration of Additional Products
                 The U.S. Trade Representative has decided to consider an additional
                list of products set out in the Annex to this notice, which may be
                included on a final list of products subject to additional ad valorem
                duties of up to 100 percent. The additional list takes into account
                public comments requesting the consideration of additional products not
                included on the April 12 list.
                 The additional list in the Annex to this notice contains 89 tariff
                subheadings. These subheadings are valued at approximately $4 billion
                in terms of the estimated import trade value for calendar year 2018. If
                the U.S. Trade Representative determines to take action in this
                investigation, a final list of products to be subject to additional
                duties may be drawn from both this and the April 12 lists. As stated in
                the April 12 notice, the final list will take into account the report
                of the WTO Arbitrator on the appropriate level of countermeasures to be
                authorized by the WTO.
                C. Request for Public Comments
                 USTR invites comments from interested persons with respect to the
                possible inclusion of products from the additional list in the Annex to
                this notice on the final list of products subject to additional duties.
                In particular, USTR invites comments with respect to:
                 The specific products in the additional list to be subject
                to increased duties;
                 the level of the increase, if any, in the rate of duty;
                and
                 whether increased duties on particular products on the
                additional list might have an adverse effect upon U.S. stakeholders,
                including small businesses and consumers.
                D. Hearing Participation
                 The Section 301 Committee will convene a public hearing in the Main
                Hearing Room of the U.S. International Trade Commission, 500 E Street
                SW, Washington DC 20436 beginning at 9:30 a.m. on August 5, 2019. You
                must submit requests to appear at the hearing by July 24, 2019. The
                request to appear should include a written version of the testimony you
                expect to give. Remarks at the hearing may be no longer than five
                minutes to allow time for questions from the Section 301 Committee.
                [[Page 32249]]
                 All submissions must be in English and sent electronically via
                www.regulations.gov. To submit a request to appear at the hearing via
                www.regulations.gov, enter docket number USTR-2019-0003. In the ``type
                comment'' field, include the name, address, email address, and
                telephone number of the person presenting the testimony. Attach
                testimony, and a pre-hearing submission if provided, by using the
                ``upload file'' field. USTR strongly prefers submissions in Adobe
                Acrobat (.pdf). The file name should include the name of the person who
                will be presenting the testimony. In addition, please submit a request
                to appear by email to [email protected]. In the subject line of
                the email, please include the name of the person who will be presenting
                the testimony, followed by `Request to Appear'. Please also include the
                name, address, email address, and telephone number of the person who
                will be presenting testimony in the body of the email message.
                E. Procedures for Written Submissions
                 All submissions must be in English and sent electronically via
                www.regulations.gov. To submit comments via www.regulations.gov, enter
                docket number USTR-2019-0003 on the home page and click ``search.'' The
                site will provide a search results page listing all documents
                associated with this docket. Find a reference to this notice and click
                on the link entitled ``comment now!'' For further information on using
                the www.regulations.gov website, please consult the resources provided
                on the website by clicking on ``how to use regulations.gov'' on the
                bottom of the www.regulations.gov home page. We will not accept hand-
                delivered submissions.
                 The www.regulations.gov website allows users to submit comments by
                filling in a ``type comment'' field or by attaching a document using an
                ``upload file'' field. USTR prefers that you submit comments in an
                attached document. If you attach a document, it is sufficient to type
                ``see attached'' in the ``type comment'' field. USTR strongly prefers
                submissions in Adobe Acrobat (.pdf). If you use an application other
                than Adobe Acrobat or Word (.doc), please indicate the name of the
                application in the ``type comment'' field.
                 File names should reflect the name of the person or entity
                submitting the comments. Please do not attach separate cover letters to
                electronic submissions; rather, include any information that might
                appear in a cover letter in the comments themselves. Similarly, to the
                extent possible, please include any exhibits, annexes, or other
                attachments in the same file as the comment itself, rather than
                submitting them as separate files.
                 For any comments submitted electronically containing business
                confidential information, the file name of the business confidential
                version should begin with the characters ``BC''. Any page containing
                business confidential information must be clearly marked ``BUSINESS
                CONFIDENTIAL'' on the top of that page and the submission should
                clearly indicate, via brackets, highlighting, or other means, the
                specific information that is business confidential. If you request
                business confidential treatment, you must certify in writing that
                disclosure of the information would endanger trade secrets or
                profitability, and that the information would not customarily be
                released to the public. Filers of submissions containing business
                confidential information also must submit a public version of their
                comments. The file name of the public version should begin with the
                character ``P''. The ``BC'' and ``P'' should be followed by the name of
                the person or entity submitting the comments or rebuttal comments. If
                these procedures are not sufficient to protect business confidential
                information or otherwise protect business interests, please contact the
                USTR Section 301 line at (202) 395-5725 to discuss whether alternative
                arrangements are possible.
                 USTR will post submissions in the docket for public inspection,
                except business confidential information. You can view submissions on
                the https://www.regulations.gov website by entering docket number USTR-
                2019-0003 in the search field on the home page.
                Joseph Barloon,
                General Counsel, Office of the U.S. Trade Representative.
                Annex
                 The products that are enumerated and described in this Annex are
                being considered for additional import duties if they are the product
                of any of the twenty-eight member States of the European Union. All
                products that are classified in the 8-digit subheadings of the
                Harmonized Tariff Schedule of the United States (HTS) that are listed
                in this Annex are covered by the proposed action. The product
                descriptions that are contained in this Annex are provided for
                informational purposes only, and are not intended to delimit in any way
                the scope of the proposed action. Any questions regarding the scope of
                a particular HTS subheading should be referred to U.S. Customs and
                Border Protection. In the product descriptions, the abbreviation
                ``nesoi'' means ``not elsewhere specified or included''.
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                 HTS subheading Product description
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                0203.22.90................. Frozen hams, shoulders and cuts thereof,
                 with bone in, other than retail cuts.
                0203.29.40................. Frozen meat of swine, other than retail
                 cuts, nesoi.
                0403.90.85................. Fermented milk o/than dried fermented milk
                 or o/than dried milk with added lactic
                 ferments.
                0403.90.90................. Curdled milk/cream/kephir & other fermented
                 or acid. milk/cream subject to add US note
                 10 to Ch.4.
                0403.90.95................. Curdled milk/cream/kephir & other fermented
                 or acid. milk/cream subj to GN 15 or Ch4
                 US note 10.
                0404.10.05................. Whey protein concentrates.
                0405.20.20................. Butter substitute dairy spreads, over 45%
                 butterfat weight, subject to quota
                 pursuant to chapter 4 additional US note
                 14.
                0405.20.30................. Butter substitute dairy spreads, over 45%
                 butterfat weight, not subj to gen note 15
                 and in excess of quota in ch. 4 additional
                 US note 14.
                0405.20.80................. Other dairy spreads, not butter substitutes
                 or of a type provided for in chapter 4
                 additional US note 1.
                0405.90.10................. Fats and oils derived from milk, other than
                 butter or dairy spreads, subject to quota
                 pursuant to chapter 4 additional US note
                 14.
                0406.10.44................. Fresh (unripened/uncured) edam and gouda
                 cheeses, cheese/subs for cheese cont or
                 processed therefrom, subj to Ch4 US note
                 20, not GN15.
                0406.10.48................. Fresh (unripened/uncured) edam and gouda
                 cheeses, cheese/subs for cheese cont or
                 processed therefrom, not sub to Ch4 US
                 note 20, not GN15.
                0406.10.54................. Fresh (unripened/uncured) Italian-type
                 cheeses from cow milk, cheese/substitutes
                 cont or proc therefrom, subj to Ch4 US nte
                 21, not GN15.
                0406.10.58................. Fresh (unripened/uncured) Italian-type
                 cheeses from cow milk, cheese/substitutes
                 cont or proc therefrom, not subj to Ch4 US
                 note 21 or GN15.
                [[Page 32250]]
                
                0406.20.51................. Romano, reggiano, provolone, provoletti,
                 sbrinz and goya, made from cow's milk,
                 grated or powdered, subject to add US note
                 21 to Ch.4.
                0406.20.53................. Romano, reggiano, provolone, provoletti,
                 sbrinz and goya, made from cow's milk,
                 grated or powdered, not subj to Ch4 US nte
                 21 or GN15.
                0406.20.77................. Cheese containing or processed from Italian-
                 type cheeses made from cow's milk, grated
                 or powdered, subject to add US note 21 to
                 Ch. 4.
                0406.20.79................. Cheese containing or processed from Italian-
                 type cheeses made from cow's milk, grated
                 or powdered, not subject to add US note 21
                 to Ch. 4.
                0406.20.87................. Cheese (including mixtures), nesoi, n/o
                 0.5% by wt. of butterfat, grated or
                 powdered, not subject to add US note 23 to
                 Ch. 4.
                0406.30.51................. Gruyere-process cheese, processed, not
                 grated or powdered, subject to add. US
                 note 22 to Ch. 4.
                0406.30.55................. Processed cheeses made from sheep's milk,
                 including mixtures of such cheeses, not
                 grated or powdered.
                0406.30.79................. Processed cheese cont/procd from Italian-
                 type, not grated/powdered, not subject to
                 add US note 21 to Ch. 4, not GN15.
                0406.30.85................. Processed cheese (incl. mixtures), nesoi, n/
                 o 0.5% by wt. butterfat, not grated or
                 powdered, subject to Ch4 US note 23, not
                 GN15.
                0406.40.54................. Blue-veined cheese, nesoi, in original
                 loaves, subject to add. US note 17 to Ch.
                 4.
                0406.90.16................. Edam and gouda cheese, nesoi, subject to
                 add. US note 20 to Ch. 4.
                0406.90.41................. Romano, Reggiano, Parmesan, Provolone, and
                 Provoletti cheese, nesoi, from cow's milk,
                 subject to add. US note 21 to Ch. 4.
                0406.90.42................. Romano, Reggiano, Parmesan, Provolone, and
                 Provoletti cheese, nesoi, from cow's milk,
                 not subj to GN 15 or Ch4 US note 21.
                0406.90.43................. Reggiano, Parmesan, Provolone, and
                 Provoletti cheese, nesoi, not from cow's
                 milk, not subject to gen. note 15.
                0406.90.68................. Cheeses & subst. for cheese(incl. mixt.),
                 nesoi, w/romano/reggiano/parmesan/
                 provolone/etc, f/cow milk, not subj. Ch4
                 US note 21, not GN15.
                0711.20.18................. Olives, n/pitted, green, in saline sol., in
                 contain. >8 kg, drained wt, for repacking
                 or sale, subject to add. US note 5 to Ch.
                 7.
                0711.20.28................. Olives, n/pitted, green, in saline sol., in
                 contain. >8 kg, drained wt, for repacking
                 or sale, not subject to add. US note 5 to
                 Ch. 7.
                0711.20.38................. Olives, n/pitted, nesoi.
                0711.20.40................. Olives, pitted or stuffed, provisionally
                 preserved but unsuitable in that state for
                 immediate consumption.
                0811.90.80................. Fruit, nesoi, frozen, whether or not
                 previously steamed or boiled.
                0812.10.00................. Cherries, provisionally preserved, but
                 unsuitable in that state for immediate
                 consumption.
                0812.90.10................. Mixtures of two or more fruits,
                 provisionally preserved, but unsuitable in
                 that state for consumption.
                0813.40.30................. Cherries, dried.
                0901.21.00................. Coffee, roasted, not decaffeinated.
                0901.22.00................. Coffee, roasted, decaffeinated.
                1601.00.20................. Pork sausages and similar products of pork,
                 pork offal or blood; food preparations
                 based on these products.
                1602.41.20................. Pork hams and cuts thereof, not containing
                 cereals or vegetables, boned and cooked
                 and packed in airtight containers.
                1602.41.90................. Prepared or preserved pork hams and cuts
                 thereof, not containing cereals or
                 vegetables, nesoi.
                1602.42.20................. Pork shoulders and cuts thereof, boned and
                 cooked and packed in airtight containers.
                1602.42.40................. Prepared or preserved pork shoulders and
                 cuts thereof, other than boned and cooked
                 and packed in airtight containers.
                1602.49.10................. Prepared or preserved pork offal, including
                 mixtures.
                1602.49.20................. Pork other than ham and shoulder and cuts
                 thereof, not containing cereals or
                 vegetables, boned and cooked and packed in
                 airtight containers.
                1602.49.40................. Prepared or preserved pork, not containing
                 cereals or vegetables, nesoi.
                1602.49.90................. Prepared or preserved pork, nesoi.
                1902.11.20................. Uncooked pasta, not stuffed or otherwise
                 prepared, containing eggs, exclusively
                 pasta.
                1902.11.40................. Uncooked pasta, not stuffed or otherwise
                 prepared, containing eggs, nesoi,
                 including pasta packaged with sauce
                 preparations.
                1902.19.20................. Uncooked pasta, not stuffed or otherwise
                 prepared, not containing eggs, exclusively
                 pasta.
                1902.19.40................. Uncooked pasta, not stuffed or otherwise
                 prepared, not containing eggs, nesoi,
                 including pasta packaged with sauce
                 preparations.
                1902.20.00................. Stuffed pasta, whether or not cooked or
                 otherwise prepared.
                1902.30.00................. Pasta nesoi.
                1905.32.00................. Waffles and wafers.
                2005.70.12................. Olives, green, not pitted, in saline, not
                 ripe.
                2008.40.00................. Pears, otherwise prepared or preserved,
                 nesoi.
                2008.60.00................. Cherries, otherwise prepared or preserved,
                 nesoi.
                2008.70.20................. Peaches (excluding nectarines), otherwise
                 prepared or preserved, not elsewhere
                 specified or included.
                2008.97.90................. Mixtures of fruit or other edible parts of
                 plants, otherwise prepared or preserved,
                 nesoi (excluding tropical fruit salad).
                2009.89.65................. Cherry juice, concentrated or not
                 concentrated.
                2101.11.21................. Instant coffee, not flavored.
                2103.90.80................. Mixed condiments and mixed seasonings, not
                 described in add US note 3 to Ch. 21.
                2208.30.30................. Irish and Scotch whiskies.
                2208.30.60................. Whiskies, other than Irish and Scotch
                 whiskies.
                2814.10.00................. Anhydrous ammonia.
                2814.20.00................. Ammonia in aqueous solution.
                3102.10.00................. Urea, whether or not in aqueous solution.
                3102.21.00................. Ammonium sulfate.
                3102.29.00................. Double salts and mixtures of ammonium
                 sulfate and ammonium nitrate.
                3102.30.00................. Ammonium nitrate, whether or not in aqueous
                 solution.
                3102.40.00................. Mixtures of ammonium nitrate with calcium
                 carbonate or other inorganic
                 nonfertilizing substances.
                3102.50.00................. Sodium nitrate.
                3102.60.00................. Double salts and mixtures of calcium
                 nitrate and ammonium nitrate.
                [[Page 32251]]
                
                3102.80.00................. Mixtures of urea and ammonium nitrate in
                 aqueous or ammoniacal solution.
                3102.90.01................. Mineral or chemical fertilizers,
                 nitrogenous, nesoi, including mixtures not
                 specified elsewhere in heading 3102.
                7202.92.00................. Ferrovanadium.
                7303.00.00................. Cast iron, tubes, pipes and hollow
                 profiles.
                7307.11.00................. Cast nonmalleable iron, fittings for tubes
                 or pipes.
                7407.10.50................. Refined copper, bars and rods.
                7407.21.90................. Copper-zinc base alloys (brass), bars &
                 rods nesoi, not having a rectangular cross
                 section.
                7409.11.50................. Refined copper, plates, sheets and strip,
                 in coils, with a thickness over 0.15mm but
                 less than 5 mm.
                7409.21.00................. Copper-zinc base alloys (brass), plates,
                 sheets and strip, in coils.
                7409.29.00................. Copper-zinc base alloys (brass), plates,
                 sheets and strip, not in coils.
                7409.31.50................. Copper-tin base alloys (bronze), plates,
                 sheets and strip, in coils, with a
                 thickness o/0.15mm but less than 5mm & a
                 width of 500mm or more.
                7409.31.90................. Copper-tin base alloys (bronze), plates,
                 sheets and strip, in coils, w/thickness o/
                 0.15mm but less than 5mm & a width of less
                 than 500mm.
                7409.40.00................. Copper-nickel base alloys (cupro-nickel) or
                 copper-nickel-zinc base alloys (nickel
                 silver), plates, sheets and strip, w/
                 thickness o/0.15mm.
                7409.90.90................. Copper alloys (o/than brass/bronze/cupro-
                 nickel/nickel silver), plates, sheets &
                 strip, w/thick. o/0.15mm but less th/5mm &
                 width less 500mm.
                7410.11.00................. Refined copper, foil, w/thickness of 0.15
                 mm or less, not backed.
                ------------------------------------------------------------------------
                [FR Doc. 2019-14352 Filed 7-3-19; 8:45 am]
                 BILLING CODE 3290-F9-P?>
                

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