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. VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 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 Frm 00119 Fmt 4703 Sfmt 4703 15029 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 E:\FR\FM\12APN1.SGM 12APN1