USTR Airbus Investigation Preliminary_Product_List | Page 2
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices
certain member States on the
manufacture of large civil aircraft. Prior
to initiation, USTR consulted with the
interagency Section 301 Committee and
the appropriate advisory committee.
Section 303 of the Trade Act calls for
the Trade Representative to request
consultations with the foreign country
subject to the investigation. USTR
requested consultations with the EU and
certain member States upon the
initiation of the dispute settlement
proceedings in October 2004. USTR
again requested consultations with the
EU and certain member States in April
2012, upon initiation of the WTO
compliance proceeding. Neither set of
consultations resolved the dispute.
USTR remains open to discussing these
matters with the EU and certain member
States. account the report of the Arbitrator on
the appropriate level of
countermeasures to be authorized by the
WTO.
The Annex to this Notice contains a
list of 317 tariff subheadings and 9
Harmonized Tariff Schedule statistical
reporting numbers being considered for
additional duties. The value of the list
is approximately $21 billion in terms of
the estimated import trade value for
calendar year 2018. The products listed
in Section 1 of the Annex are being
considered for additional duties if they
are the product of Germany, France, the
United Kingdom, or Spain. The
products listed in Section 2 of the
Annex are being considered for
additional duties if they are the product
of any of the 28 member States of the
EU.
C. Proposed Determinations
The Trade Representative proposes to
determine, in accordance with the
outcome of the WTO dispute settlement
proceedings, that the EU and certain
member States have breached their
WTO obligations by providing subsidies
on the manufacture of large civil aircraft
and by failing to withdraw the subsidies
or remove their adverse effects. In
particular, under section 301(a), section
304(a)(1)(A), and section 306(b)(2), the
Trade Representative proposes to
determine that the EU and certain
member States have denied U.S. rights
under the WTO Agreement, and in
particular, under Articles 5 and 6.3 of
the SCM Agreement, and have failed to
comply with the DSB recommendations
to bring the WTO-inconsistent subsidies
into compliance with WTO obligations.
Upon determining that U.S. rights
under a trade agreement are being
denied, section 301(a) provides that the
Trade Representative shall take all
appropriate and feasible action
authorized under section 301(c), subject
to the specific direction, if any, of the
President regarding such action, and all
other appropriate and feasible action
within the power of the President that
the President may direct the Trade
Representative to take to enforce such
rights. Pursuant to sections 301(a),
301(c), 304(a)(1)(B), and 306(b)(2), the
Trade Representative proposes that
appropriate action would include the
imposition of additional ad valorem
duties of up to 100 percent on products
of the EU or certain member States, to
be drawn from the preliminary list of
HTS numbers in the attached Annex. In
accordance with section 306(b)(2) of the
Trade Act, the Annex includes
reciprocal goods of the affected
industry. The final list of products
subject to increased duties will take into D. Request for Public Comments
In accordance with sections 304(b)
and 306(c), USTR invites comments
from interested persons with respect to
the proposed determination and
proposed action. USTR invites
comments with respect to any aspect of
the proposed action, including:
• The specific products to be subject
to increased duties, including whether
products listed in the Annex should be
retained or removed, or whether
products not currently on the list should
be added.
• The level of the increase, if any, in
the rate of duty.
• The appropriate aggregate level of
trade to be covered by additional duties.
• Whether increased duties on
particular products might have an
adverse effect upon U.S. stakeholders,
including small businesses and
consumers.
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E. 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 May 15, 2019. You must submit
requests to appear at the hearing by May
6, 2019. The request to appear must
include a summary of testimony, and
may be accompanied by the full script
of 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.
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,
PO 00000
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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.
F. 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
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
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