In Proclamation
7529 of March 5, 2002, the President announced temporary
safeguards on imports of steel products as a result of the
Section 201 investigation of steel imports. Proclamation 7529
states that within 120 days of March 5, the USTR is authorized
to further consider requests to exclude certain products from
the safeguard remedy that were submitted in accordance with
the procedures set out in 66
Fed. Reg. 54321, 54322-54323 (October 26, 2001). If the
USTR determines that a product should be excluded, he will
modify the HTS provisions created by the Annex to Proclamation
7529 to exclude the particular product from the safeguard
remedy. The following is an outline of the process by which
product exclusion requests will be considered:
•
Interested persons that submitted exclusion requests in
accordance with 66 Fed. Reg. 54321, and that received an "X"
number listed here
on the USTR website will be required to respond to a series of
questions. These questions are designed to elicit information
that clearly identifies the product under consideration, and
to provide detailed information on the requestor's situation.
Parties must respond to the requestor questionnaire by April
23, 2002. No further analysis of the request will be made
unless a complete response to the questionnaire is received.
Short
product descriptions for complete questionnaire responses will
be posted on the website by April 30, 2002.
• After
the filing of responses to the questionnaire, interested
persons that wish to continue to object to a particular
request will be required to answer a series of questions aimed
to substantiate fully their objection. Parties must submit a
complete objector questionnaire by May 13, 2002.
• Each
request will then be evaluated on a case-by-case basis. We
will grant only those exclusions that do not undermine the
objectives of the safeguard measures. In analyzing the
requests, we will consider whether it is currently being
produced in the United States, whether substitution of the
product is possible, whether qualification requirements affect
the requestor's ability to use domestic products, inventories,
whether the requested product is under development by a U.S.
producer who will imminently be able to produce it in
marketable quantities, and any other relevant factors. Where
necessary, we will meet with parties to discuss the
information that was submitted and/or to gain additional
information.
• Every
effort will be made to process requests as soon as possible
consistent with resources and the quality of information that
is received. Requests that were properly submitted in
accordance with 66 Fed. Reg. 54321 and for which a completed
requestor questionnaire has been received will receive primary
consideration.
•
Interested persons who wish to request exclusion of a product
that has not received an "X" number must respond to the
requestor questionnaire by May 20, 2002. The procedures for
submitting such additional requests for exclusion will be
announced in a Federal Register notice to be issued
shortly.
The Office
of Management and Budget (OMB) has granted approval for OMB
Control Number-0350-0011, Requestor Questionnaire. It is
expected that the collection of information burden will be no
more than 20 hours.
USTR has
submitted the Objector Questionnaire to OMB for approval under
the Paperwork Reduction Act. It is expected that the
collection of information burden will be no more than 20
hours. This notice, as well as the information provided in the
link below, is intended to provide parties with advance notice
of the process that USTR and the Department of Commerce intend
to follow, pending review of the collection of information by
OMB. Comments on this process should be submitted to the
Office of Industry, Office of the United States Trade
Representative, 600 17th Street, NW, Room 501, Washington DC,
20508. Telephone (202) 395-5656.
Click here
for information pertaining to the steps that parties must
follow to fully participate in this
process. |