Federal Register / Vol. 67, No. 36 / Friday, February 22, 2002 / Rules and Regulations 8183
Namco, Ltd., ¥50 par common reviews under certain other existing The President may provide relief, Nichicon Corp., ¥50 par common laws. under section 421(a), in the form of Nihon Unisys, Ltd., ¥50 par common DATES: Effective Date: February 22, increased duties and/or other import Nippon Comsys Corp., ¥50 par common restrictions with respect to the product Nishi-Nippon Bank, Ltd., ¥50 par common 2002. Nishi-Nippon Railroad Co., Ltd., ¥50 par Comment Date: Comments are due by being imported from the People’s common 5:15 p.m. on April 23, 2002. Republic of China. He will grant such Nissan Chemical Industries, Ltd., ¥50 par ADDRESSES: A signed original and 8 relief to the extent and for the period common copies of each set of comments should that he considers necessary to prevent ¥ Ogaki Kyoritsu Bank, Ltd., 50 par common be mailed or hand-delivered to Marilyn or remedy the market disruption. Q.P. Corp., ¥50 par common Starting six months after the relief first Rinnai Corporation, ¥50 par common R. Abbott, Acting Secretary, United States International Trade Commission, takes effect, the President may request a Sagami Railway Co., Ltd., ¥50 par common report from the Commission, under Sakata Seed Corp., ¥50 par common 500 E Street, SW, Room 112, Santen Pharmaceutical Co., Ltd., ¥50 par Washington, DC 20436. section 421(n)(1), on the probable effect that modification, reduction, or common FOR FURTHER INFORMATION CONTACT: P. termination of the relief would have on Shimadzu Corp., ¥50 par common N. Smithey, Esq., Office of the General the relevant domestic industry. Section Shimamura Co., Ltd., ¥50 par common Counsel, United States International Sumitomo Rubber Industries, Ltd., ¥50 par 421(n)(3) provides that when the Trade Commission, telephone 202–205– common President issues relief under section 3086. Hearing-impaired individuals are Taiyo Yuden Co., Ltd., ¥50 par common 421(a), the Commission must collect Takara Standard Co., Ltd., ¥50 par common advised that information on this matter such data as is necessary to enable it to Takuma Co., Ltd., ¥50 par common can be obtained by contacting the respond rapidly to a request by the Toho Bank, Ltd., ¥50 par common Commission’s TDD terminal at 202– President under section 421(n)(1). Toho Gas Co., Ltd., ¥50 par common 205–1810. General information Tokyo Ohka Kogyo Co., Ltd., ¥50 par Within a specified time before the concerning the Commission may also be relief is to terminate, section 421(o) common obtained by accessing its Internet server Uni-Charm Corp., ¥50 par common requires the Commission to investigate, Ushio, Inc., ¥50 par common (http://www.usitc.gov). at the request of the President or in Yamaha Motor Co., Ltd., ¥50 par common SUPPLEMENTARY INFORMATION: The response to a petition on behalf of the preamble below is designed to assist industry concerned, to determine By order of the Board of Governors of the readers in understanding the interim whether action under section 421 Federal Reserve System, acting by its Director amendments the Commission is making continues to be necessary to prevent or of the Division of Banking Supervision and to its Rules of Practice and Procedure. Regulation pursuant to delegated authority remedy market disruption. (12 CFR 265.7(f)(10)), February 19, 2002. The preamble begins with a discussion The new section 422(b) of the Trade of the background of the rulemaking, Act requires the Commission to Jennifer J. Johnson, then explains why an interim investigate, in appropriate Secretary of the Board. rulemaking procedure was adopted, circumstances, to determine whether an [FR Doc. 02–4265 Filed 2–21–02; 8:45 am] provides an overview and a section-by- action of a type described in section BILLING CODE 6210–01–M section analysis of the interim 422(c) ‘‘has caused, or threatens to amendments, and ends with a cause, a significant diversion of trade regulatory analysis addressing into the domestic market of the United INTERNATIONAL TRADE government-wide statutes and issuances States.’’ Section 422(c) indicates that an COMMISSION on rulemaking. The Commission ‘‘action’’ for purposes of section 422(b) encourages members of the public to is an action—(1) By the People’s 19 CFR Part 206 comment—in addition to any other Republic of China to prevent or remedy Investigations Relating to Global and comments they wish to make on the market disruption in a WTO [World Trade Organization] member other than Bilateral Safeguard Actions, Market rules amendments—on whether the the United States; (2) by a WTO member Disruption, Trade Diversion, and interim amendments are in language other than the United States to Review of Relief Actions that is sufficiently plain for users of the rules to understand. withdraw concessions under the WTO AGENCY: International Trade Agreement or otherwise to limit imports Background Commission. to prevent or remedy market disruption; ACTION: Interim rules with request for Public Law 106–286 [H.R. 4444], 114 (3) by a WTO member other than the comments. Stat. 880, was signed by the President United States to apply a provisional on October 10, 2000. Section 103(a) of safeguard within the meaning of the SUMMARY: The United States the law added new sections 421 and 422 product-specific safeguard provision of International Trade Commission to the Trade Act of 1974 (19 U.S.C. 2451 the Protocol of Accession of the People’s (Commission) is amending its rules of and 2451a) that require the Commission Republic of China to the WTO; or (4) practice and procedure on an interim to conduct new kinds of investigations any combination of actions described in basis and requests comments on the and reviews of relief actions. paragraphs (1) through (3). amendments. These amendments are New section 421(b) of the Trade Act The President determines, pursuant to necessary to implement provisions of requires the Commission to investigate, section 422(h), what action to take to Public Law 106–286 that require the in specified circumstances, ‘‘to prevent or remedy the trade diversion or Commission to conduct new types of determine whether products of the threat thereof. Section 422(j) requires investigations of market disruption or People’s Republic of China are being the Commission to review the continued trade diversion and reviews of relief imported into the United States in such need for action taken under section actions. The intended effect of the increased quantities or under such 422(h) if the World Trade Organization amendments is to establish procedures conditions as to cause or threaten to (WTO) member or members involved for the new kinds of investigations and cause market disruption to the domestic notify the Committee on Safeguards of reviews that closely track the producers of like or directly competitive the WTO of any modification in the procedures for investigations and products.’’ action taken by them against the
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People’s Republic of China pursuant to Section 553(d)(3) of the APA allows Overview of the Interim Amendments consultation referred to in section an agency to dispense with the Until the publication of this notice, 422(a). Specifically, the Commission publication of notice of final rules at part 206 of the Commission’s rules must determine whether a significant least thirty days prior to their effective consisted of subpart A, which set out diversion of trade continues to exist. date if the agency finds that good cause general requirements applicable to all After receiving the Commission’s report exists for not meeting the advance investigations covered by the part, and on that subject, the President will publication requirement and the agency subparts B–F, each of which established determine whether to modify, publishes that finding along with the procedures for a particular type of withdraw, or keep in place the action rules. investigation. taken under section 421(h). In this instance, the Commission has Among other things, the Commission determined that the requisite is amending subpart A to extend the The Procedure for Adopting the Interim circumstances exist for dispensing with Amendments coverage of part 206 to investigations the notice, comment, and advance and reviews of relief actions under the The Commission ordinarily publication procedure that ordinarily new section 421 or 422 of the Trade Act. promulgates amendments to the Code of precedes the adoption of Commission Before this notice was published, Federal Regulations in accordance with rules. For purposes of invoking the subpart E of part 206 covered only the rulemaking procedure in section 553 section 553(b) exemption from market disruption investigations under of the Administrative Procedure Act publishing a notice of proposed section 406(a) of the Trade Act of 1974. (APA) (5 U.S.C. 553). That procedure rulemaking that solicits public The new investigations under section entails publishing a notice of proposed comment, the Commission finds that the 421(b) also will address market rulemaking in the Federal Register that interim amendments to part 206 are disruption and will be similar, though solicits public comment on the ‘‘agency rules of procedure and not identical, to the investigations under proposed amendments, considering the practice.’’ Moreover, the People’s section 406(a). For that reason, the public comments in deciding on the Republic of China’s accession to the Commission is amending subpart E to final content of the amendments, and WTO on December 11, 2001, a date that cover investigations under section publishing the final amendments at could not be predicted sufficiently far in 421(b) (in addition to investigations least 30 days prior to their effective advance, makes the establishment of under section 406(a)). The Commission date. In this instance, however, the rules a matter of urgency. Hence, it also is amending subpart E to cover Commission is amending its rules in 19 clearly would have been impracticable investigations under section 421(o) on CFR part 206 on an interim basis, for the Commission to comply with the whether action under section 421 effective upon publication of this notice notice of proposed rulemaking and continues to be necessary to prevent or in the Federal Register. public comment procedure. remedy market disruption. The Commission’s authority to adopt For the purpose of invoking the The new investigations under section interim amendments without following section 553(d)(3) exemption from 422(b) concerning trade diversion—and all steps listed in section 553 of the APA publishing advance notice of the interim the reviews under section 422(j) on is derived from section 335 of the Tariff amendments to part 206 at least thirty whether there is a continued need for Act of 1930 (19 U.S.C. 1335) and section days prior to their effective date, the action taken under section 422(h)—do 553 of the APA. Commission finds that the fact that the not so closely fit an existing subpart of Section 335 of the Tariff Act People’s Republic of China acceded to part 206. For that reason, the authorizes the Commission to adopt the WTO on December 11, 2001 makes Commission is adding a new subpart G such reasonable procedures, rules, and such advance publication impossible to cover investigations under section regulations as it deems necessary to and constitutes good cause for not 422(b) and reviews under section 422(j). carry out its functions and duties. The complying with that requirement. Nevertheless, the procedures in subpart Commission has determined that the The Commission recognizes that G closely track those in other subparts need for interim rules is clear in this interim rule amendments should not of part 206. instance. The new sections 421 and 422 respond to anything more than the of the Trade Act require the exigencies created by the new The Heading for Part 206 Commission to conduct new kinds of legislation. Each interim amendment to As noted, the new section 422 of the investigations and reviews. Rulemaking part 206 accordingly falls into one or Act requires the Commission to conduct is essential for orderly administration of more of the following categories: (1) A investigations of and reviews of relief the new statutory provisions. Since the revision of a preexisting rule to make it actions for trade diversion. The People’s Republic of China acceded to applicable to one or more of the new Commission is therefore amending the the WTO on December 11, 2001, it is kinds of investigations or reviews of heading of part 206 to include a imperative that implementing rules be relief actions; (2) clarification of the reference to trade diversion. adopted as quickly as possible. manner in which a preexisting rule is to Section 553(b) of the APA allows an be applied to one or more of the new The Table of Contents agency to dispense with publication of kinds of investigations or reviews; or (3) Among other changes, the a notice of proposed rulemaking when a new rule covering a matter addressed Commission is amending the heading of the following circumstances exist: (1) in the new legislation but not covered section 206.3 in subpart A of part 206. The rules in question are interpretive by a preexisting rule. In subpart E, the Commission also is rules, general statements of policy, or After taking into account all revising the heading of section 206.43, rules of agency organization, procedure comments received and the experience adding a new section 206.44, or practice; or (2) the agency for good acquired under the interim redesignating the existing sections cause finds that notice and public amendments, the Commission will 206.44 and 206.45 as 206.45 and 206.46, comment on the rules are impracticable, replace them with final amendments and adding a new section 206.47. unnecessary, or contrary to the public promulgated in accordance with the Finally, the Commission is adding a interest, and the agency incorporates notice, comment, and advance new subpart G. The Commission is that finding and the reasons therefor publication procedure prescribed in therefore amending the table of contents into the rules adopted by the agency. section 553 of the APA. for part 206 to reflect those changes.
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The Authority Citation under the new section 421(b) or (o) or notification requirements of the new The Commission is amending the the new section 422(b) of the Trade Act. section 421(b)(4) of the Trade Act, under authority citation to part 206 to include The Commission also is required, which the Commission must provide citations to 19 U.S.C. 2451 and 2451a however, in appropriate circumstances the President, the United States Trade (the new sections 421 and 422 of the to institute an investigation and to Representative (USTR), the House Trade Act). publish a notice in the Federal Register Committee on Ways and Means, and the in response to a resolution by the Senate Senate Committee on Finance with Section-by-Section Analysis of the Committee on Finance or the House nonconfidential copies of each petition, Interim Amendments Committee on Ways and Means or on request, or resolution filed under the Commission’s own motion. The section 421(b). For those reasons, the Subpart A—General Commission is amending paragraph (a) Commission is revising section 206.4 by Section 206.1 of section 206.3 by adding a sentence to deleting the existing text and replacing the end of that paragraph to provide for it with the statement that for each Section 206.1 describes the those contingencies. investigation subject to provisions of applicability of part 206. The first Paragraph (b) of section 206.3 part 206, the Commission will transmit sentence of that section lists the statutes specifies the required content of each copies of the petition, request, under which the Commission performs Federal Register notice published resolution, or motion as required by the functions and duties in accordance with pursuant to paragraph (a), that is, relevant statute, along with a copy of the part 206. The Commission is amending following receipt of a properly filed notice of investigation. that sentence to include a reference to request or petition. The Commission is the Commission’s functions and duties amending paragraph (b) by adding a Section 206.5 under the new sections 421 and 422 of sentence to the end of that paragraph Paragraph (b) of section 206.5 the Trade Act. The third sentence of stating that the notice will provide the provides for public hearings on injury section 206.1 describes the kinds of same kind of information when the and remedy in investigations conducted investigations or reviews that are Commission institutes an investigation under subpart C, D, or E of part 206. The covered by subpart B, C, D, or E of part in response to a resolution or on the Commission is amending paragraph (b) 206. The Commission is amending that Commission’s own motion. on an interim basis to have it cover sentence to state that subpart E of part Paragraph (c) of section 206.3 hearings in investigations under subpart 206 provides rules governing petitions indicates that the Commission will C, D, E, or G. The specific changes that and investigations under section 421 of make a nonconfidential copy of each the Commission is making are described the Trade Act (as well as petitions and petition or request available for public below. investigations under section 406 of that inspection. The Commission is First, the Commission is amending Act). Finally, the Commission is adding amending paragraph (c) to state that the the heading of paragraph (b) to include a sentence to the end of section 206.1 Commission will make each petition, investigations conducted under the new stating that the new subpart G of part request, resolution, or Commission subpart G. Since the Commission is not 206 provides rules applying to the motion available for public inspection, likely to conduct a particular Commission’s functions and duties minus any confidential business investigation under each of subparts C, under section 422 of the Trade Act. information. Because of that change, the D, E, and G, the revised heading refers Commission also is amending the to investigations under subpart C, D, E, Section 206.2 heading of section 206.3 to eliminate the or G. The first sentence of section 206.2 reference to the availability of petitions Next, the Commission is amending states that the Commission will institute for public inspection. Since the the text of paragraph (b). The text an investigation under part 206 in Commission will make each petition, currently states that the Commission response to a petition, request, request, resolution, or Commission will conduct a hearing on the subject of resolution, or motion as described in the motion available for such inspection, injury and remedy in each investigation applicable statute. The Commission is the revised portion of the heading will instituted under subparts C, D, and E. amending that sentence by adding the simply consist of the words ‘‘availability Subpart E currently covers new sections 421 and 422 of the Trade for public inspection.’’ investigations under section 406(a) of Act to the list of statutes under which the Trade Act. The Commission is Section 206.4 the Commission may institute an amending paragraph (b) of section 206.5 investigation. Section 206.4 currently requires the to state that it will conduct a hearing on The second sentence in section 206.2 Commission to promptly transmit injury and remedy in each investigation states that the first page of each petition copies of a petition or request and the instituted under subpart C or D or or request must identify the statute and resulting notice of investigation to the section 406(a) of the Trade Act and the subpart of part 206 under which the Office of the United States Trade subpart E. petition or request is being filed. The Representative, the Secretary of Subpart E, as amended in this notice, Commission is amending that sentence Commerce, the Secretary of Labor, and will cover investigations under section to add sections 421(b) and (o) of the other Federal agencies directly 421(b) or (o) of the Act in addition to Trade Act to the list of statutes and the concerned. Those provisions do not investigations under section 406(a). new subpart G to the list of subparts. match the statutory notification Section 421 is comparable to section requirements or actual Commission 406 in many respects. Moreover, Section 206.3 practice for some types of investigations material injury or the threat thereof to Paragraph (a) of section 206.3 requires that are currently subject to provisions a domestic industry is an element of the Commission to promptly institute an of part 206 (e.g., investigations under section 421(b). (See section 421(d) investigation and to publish notice section 204(c) of the Trade Act or regarding the existence and cause of thereof in the Federal Register upon section 302(b) of the North American ‘‘market disruption’’ for purposes of receipt of a properly filed petition or Free Trade Agreement Implementation section 421.) Material injury to a request under part 206. That obligation Act). In addition, the existing text of domestic industry or a threat thereof would apply to a petition or request section 206.4 is not consistent with the also would be relevant in an
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investigation under section 421(o) to Commission report after reaching an are parties to an investigation under determine whether the Presidential affirmative determination under section section 202 of the Act. Sections action taken under section 421(k) 421(b)(1) or (i)(1) or section 422(b) of the 202(a)(8) and (i) of the Trade Act apply continues to be necessary to prevent or Act—or a determination that the to investigations under section 421 or remedy market disruption. President and the USTR may regard as 422 of the Act. See sections 421(b)(3) Section 421 of the Act is a new statute affirmative under section 421(e) or (i)(1) and 422(b)(3). however. For that reason, the or section 422(e)(1). Investigations under section 421(b) or Commission prefers not to adopt a rule, Paragraph (b) of section 206.6 (o) of the Act will be conducted in at this time, that would restrict the describes additional findings and accordance with amended subpart E of subject matter of public hearings in information that the Commission will part 206, while investigations under investigations under section 421(b) or include in reports to the President section 422(b) will be governed by the (o) to ‘‘injury and remedy.’’ The concerning certain kinds of new subpart G. The Commission is Commission is therefore adding a investigations conducted under Part therefore amending the first sentence in sentence to paragraph (b) of section 206. Paragraph (b)(1) applies to paragraph (a) of section 206.7 to include 206.5 stating that the Commission will determinations under section 202(b) of references to those investigations and conduct a hearing in each investigation the Trade Act. Paragraph (b)(2) applies subparts. instituted under section 421(b) or (o) of to determinations under section 302(b) (See also the discussion below the Trade Act and subpart E, and that of the NAFTA Implementation Act. The concerning the interim amendments to the Federal Register notice announcing Commission is adding a new paragraph section 206.47, regarding the limited the investigation will list the date, time, (b)(3) concerning the kinds of additional disclosure of confidential business and location of the hearing, the subjects findings and information that will be information under an administrative to be addressed, and the procedures to included in reports concerning protective order in investigations under be followed, e.g., the procedure to be determinations under section 421(b) or section 421(b) or (o) of the Trade Act. followed by each person who wishes to 422(b) of the Trade Act. The content of Also see the discussion of the new appear at the hearing. that new paragraph is based on the section 206.66 regarding such The new subpart G of part 206 will Commission’s obligation to consider disclosures in investigations under cover, among other things, certain factors, pursuant to section section 422(b) of the Act and the investigations under section 422(b) of 421(g)(2)(D) or 422(e)(3)(iv), in reaching omission of such disclosures in reviews the Trade Act. The principal subjects of a determination under section 421(b) or under section 422(j).) those investigations are (1) whether an 422(b) of the Act. action described in section 422(c) of the Subpart E—Investigations for Relief Section 206.7 Act has caused or threatens to cause a From Market Disruption significant diversion of trade into the Paragraph (a) of section 206.7 domestic market of the United States currently provides that, except for Section 206.41 and (2) what relief, if any, the limited disclosure under an Section 206.41 describes the Commission should recommend to the administrative protective order in applicability of subpart E of part 206. President. Unlike market disruption accordance with section 206.17, the The first sentence of that section makes under section 421 of the Act, trade Commission will not release subpart F applicable solely to diversion under section 422 does not confidential business information investigations under section 406 of the include the element of material injury or unless the submitter either consents or Trade Act. The Commission is threat thereof to a domestic industry had notice, when the information was amending that sentence to state that (compare section 422(d)(1) of the Act to submitted, that the Commission might subpart E applies to investigations sections 421(c)(1) and (2) and (i)(1)(A)). release it. Paragraph (a) also states that under section 421(b) or (o) of the Trade The Commission is therefore when appropriate, the Commission will Act as well as investigations under amending paragraph (b) of section 206.5 provide confidential business section 406(a) of the Act. to say that for each investigation under information in reports to the President Section 206.42 section 421(b) or (o) or section 422(b) of and the USTR, but will release the Trade Act, the Federal Register expurgated copies of the reports to the Section 206.42 tells who may file a notice announcing the investigation will public. Paragraph (a) currently applies petition for an investigation governed by specify the date, time, and location of only to investigations conducted under subpart E of part 206. the public hearing, the subjects to be subpart B, C, D, or F of part 206. Because section 206.42 only covers addressed, and the procedures to be Paragraph (a) of section 206.7 petitions under section 406(a) of the followed. implements sections 202(a)(8) and (i) of Trade Act, the Commission is amending the Trade Act concerning the treatment that section by designating the original Section 206.6 of confidential business information. text paragraph (a) of section 206.42, but Paragraph (a) of section 206.6 Section 202(a)(8) states that the revising it to explicitly apply to provides a general description of the procedures concerning the release of petitions under section 406(a) of the required content of Commission reports such information that are set forth in Act. Also, because of the broadened to the President on investigations section 332 of the Tariff Act (19 U.S.C. applicability of subpart E (as described conducted under part 206. 1332) shall apply with respect to above in the analysis of section 206.41), Paragraph (a)(2) discusses the information received by the the Commission is adding a new Commission’s obligation to provide Commission in the course of certain paragraph (b) to section 206.42 that tells recommendations for action in the other kinds of investigations. Section who may file a petition under section report after reaching an affirmative 202(i) of the Trade Act states that the 421(b) or (o) of the Trade Act. determination in the investigation. Commission shall promulgate The Commission is amending regulations to provide access to Section 206.43 paragraph (a)(2) to reflect the confidential business information under Section 206.43 describes the required Commission’s obligation to provide protective order to authorized content of a petition for an investigation recommendations for action in the representatives of interested parties who governed by subpart E of part 206. The
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Commission is revising the heading of which is representative of an industry. directly competitive articles—which is section 206.43 to indicate that this See sections 421(b)(1) and 202(a) of the consistent with section 421(d)(3) of the section pertains solely to petitions Act. Hence, paragraph (c) of the new Act. under section 406(a) of the Trade Act. section 206.44 specifies what data the A petition under section 421(b) of the In the first sentence of the introductory petition must furnish to establish that Trade Act may allege that critical text in section 206.43, the Commission the petitioner satisfies the circumstances exist and may request is changing the words ‘‘a petition under representativeness requirement. that provisional relief be provided with this subpart E’’ to ‘‘a petition under Paragraph (c) corresponds to paragraph respect to the product identified in the section 406(a) of the Trade Act.’’ The (b) of section 206.43, concerning the petition. See section 421(i) of the Act. required content of a petition under the representativeness of a petition under For that reason, paragraph (h) of the new section 421(b) or (o) of the Trade section 406(a) of the Act. new section 206.44 states that a petition Act will be set forth in a new section Paragraph (d) of the new section alleging critical circumstances must 206.44, as described below. 206.44 specifies the import data to be provide information demonstrating that furnished in a petition under section delay in taking action under section 421 New Section 206.44 421(b) of the Trade Act. Paragraph (d) is of the Act would cause damage to the The Commission is adding a new similar to paragraph (c) of section relevant domestic industry that would section 206.44 to subpart E of part 206, 206.43, which describes the import data be difficult to repair. describing the required content of a to be furnished in a petition under Paragraph (i) of the new section petition under section 421(b) or (o) of section 406(a) of the Act. The difference 206.44 states that the petition must the Trade Act. As the legislative history is that owing to the language of section include a statement describing the of section 421 (See H.R. Rept. No. 632, 421(c)(1) of the Act, paragraph (d) of the import relief sought and the purpose 106th Cong., 2d Sess. 16–17 (May 22, new section 206.44 requires the thereof. 2000)) points out, the provisions of that submission of information about Paragraph (j) of the new section section are modeled after section 406 of whether imports are increasing 206.44 describes the required content of the Act, but with certain modifications absolutely or relatively (instead of a petition under section 421(o) of the to conform to the language of the U.S.- absolutely or relative to domestic Trade Act. A petition under section China Bilateral Trade Agreement. The production). 421(o) must be filed ‘‘on behalf of the Commission accordingly has modeled Paragraph (e) of the new section industry concerned.’’ Therefore, the new section 206.44 in part after 206.44 specifies the domestic paragraph (j) of the new section 206.44 section 206.43 governing the required production data to be submitted in a requires the petition to provide content of a petition under section petition under section 421(b) of the evidence of representativeness, as 406(a) of the Act. But the new section Trade Act. Paragraph (e) matches described in paragraph (b) of that 206.44 imposes requirements based on paragraph (d) of section 206.43, which section. The new paragraph (j) also section 421 of the Act. describes the domestic production data states that the petition must contain Paragraph (a) of the new section to be furnished in a petition under specific information supporting the 206.44 imposes the basic requirement section 406(a) of the Act. petitioner’s claim that action under that the petition must provide specific Paragraph (f) of the new section section 421 of the Trade Act continues information to support the claim that 206.44 specifies the injury data to be to be necessary to prevent or remedy products of the People’s Republic of submitted in a petition under section market disruption. Paragraph (j) also China are being imported into the 421(b) of the Trade Act. Paragraph (f) is tells the petitioner that the information United States in such increased similar to paragraph (e) of section provided should take into account quantities or under such conditions as 206.43, which describes the data factors such as those specified in to cause or threaten to cause market showing injury that must be included in paragraphs (c)–(g) of section 206.44. disruption to the domestic producers of a petition under section 406(a) of the Owing to the short time provided for the like or directly competitive products. Act. Commission to make its determination Section 421 imposes stringent deadlines Paragraph (g) of the new section under section 421(o), the petition may for the Commission to make the 206.44 specifies the injury causation become a key source of information. For required determination(s). Hence, the data to be submitted in a petition under that reason, paragraph (j) of section petition may become a primary source section 421(b) of the Trade Act. 206.44 states that, to comply with of data (in an investigation based on a Paragraph (g) differs from paragraph (f) paragraph (j), the petition should petition). For that reason, paragraph (a) of section 206.43, regarding the cause of contain all relevant information of the new section 210.44 in subpart E injury as described in a petition under reasonably available to the petitioner of part 206 requires the petition to section 406(a) of the Act. Owing to with due diligence. provide the information specified in differences between factors the Existing Section 206.44—Redesignated paragraphs (a) through (i) of that Commission must consider under as Section 206.45 section, to the extent that such section 421(d)(1) of the Act and those it information is reasonably available to must consider under section Existing section 206.44 addresses the the petitioner with due diligence. 406(e)(1)(C) of the Act, paragraph (g) of time by which the Commission must Paragraph (b) of the new section the new section 206.44 does not furnish its report to the President in an 206.44 tells what product description indicate that the petition should include investigation under section 406(a) of the data the petition must contain, and is evidence of disruptive pricing practices Trade Act. Because the Commission is modeled after paragraph (a) of section or other efforts to unfairly manage trade adding a new section 206.44 as 206.43 governing the product patterns (in addition to evidence of the discussed above, the Commission is description in a petition under section effect of the subject imports on prices in redesignating existing section 206.44 as 406(a) of the Trade Act. the United States). Instead, paragraph section 206.45. The Commission also is A petition under section 421(b) of the (g) requires the submission of data about redesignating the existing provisions of Act must be filed by an entity, including the effect that the product imported section 206.44 as paragraph (a) of a trade association, firm, certified or from the People’s Republic of China has section 206.45 and explicitly limiting recognized union, or group of workers, on prices in the United States for like or them to the issuance of a report to the
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President in an investigation under Section 206.61 Act, which the Commission must section 406(a) of the Trade Act. The Section 206.61 describes the consider in determining whether Commission is adding a new paragraph applicability of subpart G and cross- significant diversion or the threat (b) concerning the deadlines for references relevant rules of general thereof exists for purposes of section submitting its determination and report application. 422. to the President and the USTR in an Section 422(d)(2) of the Trade Act investigation under section 421(b) of the Section 206.62 directs the Commission to examine the Trade Act. A new paragraph (c) states Section 206.62 states who may file a changes in imports into the United the Commission’s deadlines for issuing petition for an investigation under States from the People’s Republic of a determination and report on critical section 422(b) of the Trade Act. This China since the time that the WTO circumstances, pursuant to section section is based on section 422(b)(1) of member commenced the investigation 421(i) of the Act, when the petition in the Act, which states that a petition may that led to a request for consultations an investigation under section 421(b) be filed by an entity described in section described in section 422(a) of the Act. alleges that such circumstances exist 202(a) of the Act. In some cases, the United States and requests provisional relief. Finally, Customs Service will be required by law the Commission is adding a new Section 206.63 to monitor the subject imports and to paragraph (d) concerning the time by Section 206.63 describes the required make data from such monitoring which the Commission must issue its content of a petition for an investigation available to the Commission upon determination and report in an under section 422(b) of the Trade Act. request. See section 422(a) of the Act. investigation under section 421(o) of the It consists of an introductory paragraph However, the Commission has drafted Act. and paragraphs (a)–(f). paragraph (e) of section 206.63 to Existing Section 206.45—Redesignated The introductory paragraph of the require the petition to provide any as Section 206.46 new section 206.63 imposes the basic information available to the petitioner requirement that the petition must that will help the Commission fulfill its Existing section 206.45 states that the statutory obligation to examine the Commission will issue a provide specific information to support the claim that an action described in changes in imports. nonconfidential version of the report Finally, paragraph (f) of section issued in an investigation under subpart section 422(c) has caused, or threatens to cause, a significant diversion of trade 206.63 states that the petition must E and will publish a summary of it in contain a statement describing the the Federal Register. Because the into the domestic market of the United States. Because of the stringent deadline import relief desired under section Commission is adding a new section 422(h) and the purpose thereof. 206.44 to subpart E as discussed above, for the Commission to make its the existing section 206.45 will become determination under section 422(b)(1) of Section 206.64 section 206.46. The Commission is the Act, the petition may become a Section 206.64 addresses the making no changes in the substance of primary source of information. The institution of an investigation under this rule. introductory paragraph of section section 422(b) or a review under section 206.63 accordingly requires the petition Section 206.47 422(j) of the Trade Act. Section 206.64 to furnish the information specified in also addresses the Commission’s Section 421(b)(3) of the Trade Act the introductory paragraph and publication of a Federal Register notice states that sections 202(a)(8) and (i) of paragraphs (a)–(f) of that section, to the concerning the investigation or review the Act, relating to the treatment of extent that such information is and the fact that the Commission will confidential business information, shall reasonably available to the petitioner make the petition, request, resolution, or apply to investigations conducted under with due diligence. motion that triggered the investigation section 421. The provisions concerning Among other things, paragraph (a) or the notification document that confidential business information in directs the petitioner to submit data triggered the review available for public investigations under section 202(b) of concerning the imported product at inspection, except for any confidential the Act are set forth in sections 206.7 issue. A petition under section 422(b) information contained therein. and 206.17 of part 206. must be filed by an entity, including a Section 206.7 applies to investigations trade association, firm, certified or Section 206.65 under section 421(b) or (o) of the Trade recognized union, or group of workers, Section 206.65 governs public Act as a result of the Commission’s which is representative of an industry. hearings in investigations under section interim amendments to sections 206.7 See sections 422(b)(1) and 202(a) of the 422(b) and reviews under section 422(j) and 206.41. Act. Hence, paragraph (a) of the new of the Trade Act. Section 422(b)(2) of The Commission is adding a new section 206.63 also requires the petition the Act makes public hearings section 206.47 to provide for the limited to provide the name and description of mandatory for investigations under disclosure of confidential business the domestic product concerned, while section 422(b). Paragraph (a) section information under an administrative paragraph (b) requires the submission of 206.65 states that hearings for those protective order, as described in section evidence of the petitioner’s investigations are provided for in 206.17, in investigations under section representativeness. paragraph (b) of section 206.5 421(b) or (o) of the Act. Paragraph (c) indicates that the (discussed above). petition must contain a description of Subpart G—Investigations for Action the action, as defined in section 422(c) Section 206.66 in Response to Trade Diversion; of the Trade Act, that allegedly has Section 422(b)(3) of the Trade Act Reviews of Action Taken caused or threatens to cause a states that the provisions of sections As noted in the overview, the significant diversion of trade into the 202(a)(8) and (i) of the Act, relating to Commission is adding a new subpart G domestic market of the United States. confidential business information, shall concerning investigations under section Paragraph (d) requires the petition to apply to investigations conducted under 422(b) and reviews under section 422(j) provide information about the factors section 422. The provisions governing of the Trade Act. enumerated in section 422(d)(1) of the the treatment of such information in
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investigations under section 202(b) of Regulatory Analysis The Unfunded Mandates Reform Act of the Act are set forth in sections 206.7 1995 and 206.17 of part 206. The Regulatory Flexibility Act The interim amendments to part 206 Section 206.7 applies to investigations The Commission notes that the of the Commission’s rules will not result under section 422(b) of the Act as a Regulatory Flexibility Act (5 U.S.C. 601 in the expenditure by State, local, and result of the Commission’s interim et seq.) is inapplicable to this tribal governments, in the aggregate, or amendments to sections 206.7 and rulemaking because it is not one for by the private sector, of $100,000,000 or 206.41. which a notice of proposed rulemaking more in any one year, and will not The Commission is adding a new is required under section 553(b) of the significantly or uniquely affect small section 206.66 to provide for the limited APA. (See the discussion above governments. Therefore, no actions are disclosure of confidential business concerning the procedure for adopting information under an administrative deemed necessary under the provisions the interim amendments.) protective order, as described in section of the Unfunded Mandates Reform Act 206.17, in investigations under section Even if the Regulatory Flexibility Act of 1995 (2 U.S.C. 1501 et seq.). 422(b). applied, the Commission’s interim The Small Business Regulatory As noted, section 422(b)(3) of the Act amendments to part 206 are not likely Enforcement Fairness Act of 1996 states that the provisions of sections to affect small entities in the manner 202(a)(8) and (i) of the Act, relating to that the Act is intended to prevent. The The interim amendments to part 206 the treatment of confidential business interim amendments are agency rules of of the Commission’s rules are not major information, ‘‘shall apply to procedure and practice. The procedures rules as defined by section 804 of the investigations conducted under this for the new types of proceedings are Small Business Regulatory Enforcement section [422] [italics added].’’ Section similar to those for existing types. Fairness Act of 1996 (5 U.S.C. 801 et. 422(j) characterizes a review under Moreover, the Commission has no seq.). The interim amendments will not section 422(j) as a ‘‘review of reason to believe, at this point, that a result in an annual effect on the circumstances.’’ The Commission notes majority of the petitioners will be small economy of $100,000,000 or more; a further that while it has 60 days to make entities. For those reasons, the major increase in costs or prices; or its determination in such a review (as Commission certifies, pursuant to 5 opposed to 45 days for making a significant adverse effects on U.S.C. 605(b), that the interim rule competition, employment, investment, determination in an investigation under amendments in this notice will not have section 422(b)), section 422(j) of the Act productivity, innovation, or on the a significant economic impact on a ability of United States-based does not mandate the kinds of substantial number of small entities. procedures that apply to an companies to compete with foreign- investigation under section 422(b), Executive Order 12866 based companies in domestic and namely, the publication of a Federal export markets. The Commission has determined that Register notice of institution and the The Contract With America conduct of a public hearing. For those the interim amendments to part 206 do Advancement Act of 1996 reasons, the Commission did not draft not meet the criteria described in the new section 206.66 to provide in section 3(f) of Executive Order 12866 The interim amendments to part 206 reviews for the limited disclosure of (58 FR 51735, Oct. 4, 1993) and thus do of the Commission’s rules are exempt confidential business information under not constitute a significant regulatory from the reporting requirements of the an administrative protective order, as action for purposes of the Executive Contract With America Advancement described in section 206.17. Order. As noted, they merely respond to Act of 1996 (Pub. L. 104–121) because exigencies created by the new Section 206.67 they concern rules of agency legislation. The interim amendments to organization, procedure, or practice that Paragraph (a) of section 206.67 lists part 206 will not result in (1) an annual do not substantially affect the rights or the deadlines for issuance of the effect on the economy of $100 million obligations of non-agency parties. Commission’s determination and report or more, (2) a major increase in costs or to the President and the USTR in an prices for consumers, individual The Paperwork Reduction Act investigation under section 422(b) of the industries, Federal, State, or local Trade Act. Paragraph (b) lists the government agencies, or geographic The interim amendments to part 206 deadlines for issuing the determination regions, or (3) significant adverse effects are not subject to section 3504(h) of the and report in a review under section on competition, employment, Paperwork Reduction Act (44 U.S.C. 422(j) of the Act. investment, productivity, innovation, or 3501 et. seq.), since they do not contain any new information collection Section 206.68 on the ability of United States-based enterprises to compete with foreign- requirements. Section 206.68 governs the publishing based enterprises in domestic or foreign of the Commission reports and notice List of Subjects in 19 CFR Part 206 markets. Accordingly, no regulatory concerning such report in an impact assessment is required. Administrative practice and investigation under section 422(b) or a procedure, Business and industry, review under section 422(j) of the Trade Executive Order 13132 Imports, Investigations, Trade Act. This rule states that upon making agreements. a report to the President of the results The interim amendments to part 206 of such investigation or a review, the of the Commission’s rules do not For the reasons stated in the Commission will make the report public contain federalism implications preamble, the Commission amends 19 (with the exception of information warranting the preparation of a CFR part 206 as follows: which the Commission determines to be Federalism Assessment pursuant to confidential) and will publish notice of Executive Order 13132 (64 FR 43255, 1. Revise the heading for part 206 to the report in the Federal Register. Aug. 4, 1999). read as follows:
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PART 206—INVESTIGATIONS of the Trade Act of 1974, or section 302 9. Amend § 206.6 to revise paragraph RELATING TO GLOBAL AND or 312(c) of the North American Free (a)(2) and to add paragraph (b)(3) to read BILATERAL SAFEGUARD ACTIONS, Trade Agreement Implementation Act] as follows: MARKET DISRUPTION, TRADE and Subpart [B, C, D, E, F, or G] of part DIVERSION, AND REVIEW OF RELIEF 206 of the rules of practice and § 206.6 Report to the President. ACTIONS procedure of the United States (a) * * * International Trade Commission.’’ 2.–3. Revise the authority citation for (2) If the determination is 6. In § 206.3, revise the section part 206 to read as follows: affirmative—or in the case of an heading, add a second sentence to investigation under section 421(b) or Authority: 19 U.S.C. 1335, 2251–2254, paragraph (a), amend paragraph (b) to 422(b) of the Trade Act, if the President 2451–2451a, 3351–3382; secs. 103, 301–302, add a second sentence, and revise Pub. L. 103–465, 108 Stat. 4809. or the United States Trade paragraph (c) to read as follows: Representative may consider the 4. Revise § 206.1 to read as follows: § 206.3 Institution of investigations; Commission’s determination to be § 206.1 Applicability of part. publication of notice; and availability for affirmative under section 421(e) or (i)(1) This part 206 applies specifically to public inspection. or section 422(e)(1) of the Act—to the extent appropriate, the functions and duties of the Commission (a) * * * The Commission also will recommendations for action and an under sections 201–202, 204, 406, and institute an investigation and publish a explanation of the basis for each 421–422 of the Trade Act of 1974, as notice following receipt of a resolution recommendation; amended (19 U.S.C. 2251, 2252, 2254, or on the Commission’s own motion 2436, 2451–2451a) (hereinafter Trade under part 206. * * * * * Act), and sections 301–318 of the North (b) * * * The Commission will (b) * * * American Free Trade Agreement provide the same sort of information in Implementation Act (19 U.S.C. 3351 et (3) In the case of a determination its notice when the investigation was made under section 421(b) or 422(b) of seq.) (hereinafter NAFTA instituted following receipt of a Implementation Act). Subpart A of this the Trade Act, the Commission will also resolution or on the Commission’s own include in its report a description of— part sets forth rules generally applicable motion. to investigations conducted under these (c) Availability for public inspection. (i) The short- and long-term effects provisions; for other rules of general The Commission will promptly make that implementation of the action application, see part 201 of this chapter. each petition, request, resolution, or recommended is likely to have on the Subpart B of this part sets forth rules Commission motion available for public petitioning domestic industry, on other specifically applicable to petitions and inspection (with the exception of domestic industries, and on consumers; investigations under section 202 of the confidential business information). and Trade Act; subpart C sets forth rules 7. Revise § 206.4 to read as follows: (ii) The short- and long-term effects of specifically applicable to requests and not taking the recommended action on investigations under section 312(c) of § 206.4 Notification of other agencies. the petitioning domestic industry, its the NAFTA Implementation Act; For each investigation subject to workers, and the communities where subpart D sets forth rules specifically provisions of part 206, the Commission production facilities of such industry applicable to petitions and will transmit copies of the petition, are located, and on other domestic investigations under section 302 of the request, resolution, or Commission industries. NAFTA Implementation Act; and motion as required by the relevant subpart E sets forth rules specifically 10. Amend § 206.7 to revise the first statute, along with a copy of the notice applicable to petitions and sentence of paragraph (a) to read as of investigation. investigations under section 406 or 421 follows: of the Trade Act. Subpart F of this part 8. Amend § 206.5 to revise paragraph (b) to read as follows: § 206.7 Confidential business information; sets forth rules applicable to functions furnishing of nonconfidential summaries and duties under section 204 of the § 206.5 Public hearing. thereof. Trade Act. Subpart G sets forth rules * * * * * applicable to functions and duties under (a) Nonrelease of information. Except (b) Investigations under subpart C, D, section 422 of the Trade Act. as provided for in § 206.17, in the case E, or G of this part. A public hearing on 5. Revise § 206.2 to read as follows: of an investigation under subpart B, C, the subject of injury and remedy will be D, F, or G of this part or an investigation § 206.2 Identification of type of petition or held in connection with each under section 422 of the Trade Act and request. investigation instituted under subpart C subpart E of this part, the Commission An investigation under this part 206 or D of this part or section 406(a) of the will not release information which the may be commenced on the basis of a Trade Act and subpart E of this part, Commission considers to be petition, request, resolution, or motion after reasonable notice thereof has been confidential business information as provided in section 202(a)(1), published in the Federal Register. The within the meaning of § 201.6 of this 204(c)(1), 406(a)(1), 421(b) or (o), or Commission also will conduct a public chapter unless the party submitting the 422(b) of the Trade Act of 1974 or hearing in each investigation instituted confidential business information had section 302(a)(1) or 312(c)(1) of the under section 421(b) or (o) of the Trade notice, at the time of submission, that North American Free Trade Agreement Act and subpart E of this part or section such information would be released by Implementation Act. Each petition or 422(b) of the Act and subpart G. The the Commission, or such party request, as the case may be, filed by an Federal Register notice announcing the subsequently consents to the release of entity representative of a domestic institution of such an investigation will the information. industry under this part 206 shall state list the date, time, and location of the *** clearly on the first page thereof ‘‘This is hearing, the subjects to be addressed, a [petition or request] under section and the procedures to be followed. 11. Amend § 206.41 to revise the first [202, 204(c), 406, 421(b) or (o), or 422(b) * * * * * sentence to read as follows:
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§ 206.41 Applicability of subpart. shall provide the information required operations at a reasonable level of profit; This subpart E applies specifically to by this paragraph and paragraphs (b) and investigations under section 406(a) or through (i) of this section to the extent (iii) Unemployment or 421(b) or (o) of the Trade Act. * * * that such information is reasonably underemployment within the industry; 12. Revise § 206.42 to read as follows: available to the petitioner with due and/or diligence. (2) With respect to the threat of § 206.42 Who may file a petition. (b) Product description. Each petition material injury, data relating to: (a) A petition under section 406(a) of shall include the name and description (i) Declines in sales or market share, the Trade Act may be filed by an entity, of the imported product concerned, increases in inventory (whether including a trade association, firm, specifying the United States tariff maintained by domestic producers, certified or recognized union, or group provision under which such product is importers, wholesalers, retailers, or of workers, that is representative of a classified and the current tariff producers or exporters in the People’s domestic industry producing an article treatment thereof, and the name and Republic of China), and/or a downward with respect to which there are imports description of the like or directly trend in production, profits, wages, or of a like or directly competitive article competitive domestic product employment (or increasing which is the product of a Communist concerned. underemployment); country, which imports, allegedly, are (c) Representativeness. Each petition (ii) The extent to which firms in the increasing rapidly, either absolutely or shall include: industry are unable to generate adequate relative to domestic production, so as to (1) The names and addresses of the capital to finance the modernization of be a significant cause of material injury, firms represented in the petition and/or their domestic plants and equipment, or or the threat thereof, to such domestic the firms employing or previously are unable to maintain existing levels of industry. employing the workers represented in expenditures for research and (b) A petition under section 421(b) or the petition and the locations of their development; (o) of the Trade Act may be filed by an establishments in which the domestic (iii) The extent to which the U.S. entity, including a trade association, product is produced; market is the focal point for the firm, certified or recognized union, or (2) The percentage of domestic diversion of exports of the article group of workers, which is production of the like or directly concerned by reason of restraints on representative of an industry. competitive domestic product that such exports of such article to, or on imports 13. Amend § 206.43 to revise the represented firms and/or workers of such article into, third country heading and the first sentence of the account for and the basis for asserting markets; and introductory text to read as follows: that petitioner is representative of an (iv) Data regarding productive industry; and capacity in the People’s Republic of § 206.43 Contents of a petition under (3) The names and locations of all section 406(a) of the Trade Act. China, any unused productive capacity, other producers of the domestic product and any potential for product shifting in A petition for relief under section known to the petitioner. 406(a) of the Trade Act shall include (d) Import data. Each petition shall the People’s Republic of China. specific information in support of the include import data for at least each of (g) Cause of injury. Each petition shall claim that imports of an article that are the most recent 5 full years which form enumerate and describe the causes the product of a Communist country the basis of the claim that imports from believed to be resulting in the material which are like or directly competitive the People’s Republic of China of a injury, or threat thereof, described in with an article produced by a domestic product like or directly competitive paragraph (f) of this section. The industry, are increasing rapidly, either with the product produced by the petition shall provide information absolutely or relative to domestic domestic industry concerned are relating to the effect of imports of the production, so as to be a significant increasing rapidly, either absolutely or subject merchandise on prices in the cause of material injury, or the threat relatively. United States for like or directly thereof, to such domestic industry. (e) Domestic production data. Each competitive articles. The petition shall *** petition shall include data on total U.S. also include a statement regarding the * * * * * production of the domestic product for extent to which increased imports, 14. Sections 206.44 and 206.45 are each full year for which data are either actual or relative, of the imported redesignated as §§ 206.45 and 206.46, provided pursuant to paragraph (d) of product are believed to be such a cause, respectively, and a new § 206.44 is this section. supported by pertinent data. added to read as follows: (f) Data showing injury and/or threat (h) Critical circumstances. If the of injury. Each petition shall include the petition alleges that critical § 206.44 Contents of a petition under following quantitative data indicating circumstances exist within the meaning section 421(b) or (o) of the Trade Act. the nature and extent of injury to the of section 421(i)(1) of the Trade Act, the (a) Petitions under section 421(b). A domestic industry concerned: petition shall provide detailed petition for relief under section 421(b) (1) With respect to material injury, information supporting that claim as of the Trade Act shall provide specific information, including data on well as detailed information information in support of the claim that production, capacity, capacity demonstrating that delay in taking products of the People’s Republic of utilization, shipments, net sales, profits, action under section 421 of the Act China are being imported into the employment, productivity, inventories, would cause damage to the relevant United States in such increased and expenditures on capital and domestic industry that would be quantities or under such conditions as research and development, indicating: difficult to repair. to cause or threaten to cause market (i) An idling of production facilities in (i) Relief sought and purpose thereof. disruption to the domestic producers of the industry, including data indicating The petition shall include a statement like or directly competitive products. In plant closings or the underutilization of describing the import relief sought addition, such petition shall include the production capacity; under section 421(i)(4) and/or section information described in paragraphs (b) (ii) The inability of a number of firms 421(a) of the Trade Act and the purpose through (i) of this section. The petition to carry out domestic production thereof.
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(j) Petitions under section 421(o). A § 206.47 Limited disclosure of certain treatment thereof, and the name and petition under section 421(o) of the confidential business information under description of the domestic product Trade Act shall include evidence of administrative protective order. concerned; representativeness, as described in In an investigation under section (b) Representativeness. (1) The names paragraph (b) of this section, as well as 421(b) or (o) of the Trade Act, the and addresses of the firms represented Secretary shall make confidential specific information in support of the in the petition and/or the firms business information available to claim that action under section 421 of employing or previously employing the authorized applicants, subject to the the Act continues to be necessary to workers represented in the petition and provisions of § 206.17. the locations of their establishments in prevent or remedy market disruption. 18. Add subpart G, consisting of The information provided in support of which the domestic product is §§ 206.61 through 206.68, to read as produced; that claim should take into account follows: (2) The percentage of domestic factors such as those specified in production of the domestic product that paragraphs (c) through (g) of this Subpart G—Investigations For Action such represented firms and/or workers section. To comply with this paragraph, in Response to Trade Diversion; account for and the basis for asserting the petition should contain all relevant Reviews of Action Taken that petitioner is representative of an information that is reasonably available Sec. industry; and to the petitioner with due diligence. 206.61 Applicability of subpart. (3) The names and locations of all 15. Revise newly designated § 206.45 206.62 Who may file a petition. other producers of the domestic product read as follows: 206.63 Contents of a petition. known to the petitioner; 206.64 Institution of investigation or (c) Description of the action. A § 206.45 Time for reporting. review; publication of notice; and description of the action or actions, as availability for public inspection. defined in section 422(c) of the Trade (a) In an investigation under section 206.65 Public hearing. 206.66 Limited disclosure of certain Act, that allegedly has caused or 406(a) of the Trade Act, the Commission threatens to cause a significant will make its report to the President at confidential business information under administrative protective order. diversion of trade into the domestic the earliest practical time, but not later 206.67 Time for determination and report. market of the United States; than 3 months after the date on which 206.68 Public report. (d) Trade diversion data. (1) The the petition is filed, the request or actual or imminent increase in United resolution is received, or the motion is Subpart G—Investigations For Action States market share held by such adopted, as the case may be. in Response to Trade Diversion; imports from the People’s Republic of Reviews of Action Taken (b) In an investigation under section China; 421(b) of the Trade Act, the Commission § 206.61 Applicability of subpart. (2) The actual or imminent increase in will transmit to the President and the The provisions of this subpart G apply volume of such imports into the United United States Trade Representative its to investigations under section 422(b) States; determination at the earliest practicable and/or reviews under section 422(j) of (3) The nature and extent of the action taken or proposed by the WTO member time, but in no case later than 60 days the Trade Act. For other applicable rules, see subpart A of this part and part concerned; (or 90 days in the case of a petition (4) The extent of exports from the 201 of this chapter. requesting provisional relief under People’s Republic of China to that WTO section 421(i) of the Act) after the date § 206.62 Who may file a petition. member and to the United States; on which the petition is filed, the A petition for an investigation under (5) The actual or imminent changes in request or resolution is received, or the section 422(b) of the Trade Act may be exports to that WTO member due to the motion is adopted. The Commission filed by an entity, including a trade action taken or proposed; will transmit its report to the President association, firm, certified or recognized (6) The actual or imminent diversion and the Trade Representative no later union, or group of workers, which is of exports from the People’s Republic of than 20 days after the transmittal of the representative of an industry. China to countries other than the United determination. States; § 206.63 Contents of petition. (c) In an investigation under section (7) Cyclical or seasonal trends in A petition under section 422(b) of the 421(b) of the Trade Act in which the import volumes into the United States Trade Act shall include specific of the products at issue; and petition requests provisional relief information in support of the claim that (8) Conditions of demand and supply under section 421(i) of the Act, the an action described in section 422(c) of in the United States market for the Commission will transmit to the the Trade Act has caused, or threatens products at issue; President and the Trade Representative to cause, a significant diversion of trade (e) Import data. Any import data its determination and report with into the domestic market of the United available to the petitioner that will aid respect to section 421(i) of the Act no States. To comply with that requirement the Commission in examining, pursuant later than 45 days after the petition is and the requirements in paragraphs (a) to section 422(d)(2) of the Trade Act, the filed. through (f) of this section, the petition changes in imports into the United (d) In an investigation under section shall include all relevant information States from the People’s Republic of 421(o) of the Trade Act, the Commission that is reasonably available to the China since the time that the WTO shall transmit to the President a report petitioner with due diligence. The member commenced the investigation on its investigation and determination petition shall include the following that led to a request for consultations not later than 60 days before the action information: described in section 422(a) of the Act; under section 421(m) of the Trade Act (a) Product description. The name and and description of the imported product (f) Relief sought and purpose thereof. is to terminate. concerned, specifying the United States A statement describing the import relief 16.–17. Add § 206.47 to read as tariff provision under which such article sought under section 422(h) of the Trade follows: is classified and the current tariff Act and the purpose thereof.
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§ 206.64 Institution of investigation or not later than 60 days after the Regulatory History review; publication of notice; and notification described in that section of availability for public inspection. On September 17, 2001, we published the Act. a notice of proposed rulemaking (a) Paragraphs (a) and (b) in § 206.3 (NPRM) entitled ‘‘Marine Events and govern the institution of an § 206.68 Public report. Regattas; Annual Marine Events in the investigation under section 422(b) of the Upon making a report to the President Eighth Coast Guard District’’ in the Act and the publication of a Federal of the results of an investigation under Federal Register. We received one e- Register notice concerning the section 422(b) or a review under section mail and no letters commenting on the investigation. Following receipt of 422(j) of the Trade Act, the Commission proposed rule. No public hearing was notification that the WTO member or will make such report public (with the requested, and none was held. members involved have notified the exception of information which the Committee on Safeguards of the WTO of Commission determines to be Background and Purpose a modification in the action taken by confidential) and cause a summary The Coast Guard is establishing them against the People’s Republic of thereof to be published in the Federal various annually recurring marine China pursuant to consultation referred Register. events and modifying some of the to in section 422(a) of the Act, the Issued: February 15, 2002. existing marine event regulations Commission will promptly conduct a By Order of the Commission. throughout the Eighth Coast Guard review under section 422(j) of the Act District. Establishing permanent marine regarding the continued need for action Marilyn R. Abbott, Acting Secretary. event regulations and modifying some taken under section 422(h) of the Act. of the existing marine event regulations [FR Doc. 02–4186 Filed 2–21–02; 8:45 am] The Commission also will publish by notice and comment rulemaking gave notice of the review in the Federal BILLING CODE 7020–02–P the public an opportunity to comment Register. on these proposed regulations. The (b) The Commission will make Coast Guard has received no prior available for public inspection the DEPARTMENT OF TRANSPORTATION notice of any impact caused by the notification document that prompted a previous events. The new or modified review under paragraph (a) of this Coast Guard marine event regulations are as follows: section, excluding any confidential business information in the document. 33 CFR Part 100 Independence Day Fireworks, Mobile, Paragraph (c) in § 206.3 governs the AL availability for public inspection of a [CGD08–01–012] The regulated area for this event is petition, request, resolution, or motion RIN 2115–AE46 from the shore of the east bank out 500 that prompted the Commission to feet into the Mobile River between institute an investigation under section Marine Events & Regattas; Annual latitudes 30 degrees 41 minutes 20 422(b) of the Act. Marine Events in the Eighth Coast seconds North and 30 degrees 41 § 206.65 Public hearing. Guard District minutes 15 seconds North. The Mobile Register will sponsor the one-day event Public hearings in investigations AGENCY: Coast Guard, DOT. under section 422(b) of the Act are that will occur on the 4th of July. ACTION: Final rule. provided for in § 206.5(b). Blue Angels Air Show, Pensacola, FL § 206.66 Limited disclosure of certain SUMMARY: The Coast Guard is The regulated area for this event is a confidential business information under establishing and modifying various five nautical mile radius from a center administrative protective order. annually recurring marine events point located 1,500 feet from the In an investigation under section throughout the Eighth Coast Guard Pensacola Beach water tower in a 422(b) of the Trade Act, the Secretary District. This action is necessary to direction perpendicular to the shall make confidential business provide for the safety of life on beachfront. Naval Air Station Pensacola, information available to authorized navigable waters during the events. This Florida will sponsor the two-day event applicants, subject to the provisions of action is intended to control vessel that will occur on the 2nd weekend in § 206.17. traffic in portions of the waterways of July. the Eighth District in conjunction with § 206.67 Time for determination and these marine events. Fort-to-Fort Swim, Pensacola, FL report. DATES: This final rule is effective March The regulated area for this event is in (a) In an investigation under section 25, 2002. the Gulf Intracoastal Waterway at 422(b) of the Trade Act, the Commission ADDRESSES: Comments and material Pensacola, Florida from the Fort Pickens will transmit its determination under received from the public, as well as pier to Barrancas Beach, crossing the that section of the Act to the President documents indicated in this preamble as Gulf Intracoastal Waterway at statute and the Trade Representative at the being available in the docket, are part of mile 180 between buoys 13, 14, 15, and earliest practical time, but not later than docket [CGD08–01–012] and are 16. The one-day event will occur on the 45 days after the date on which the available for inspection or copying at 1st weekend in August. petition is filed, the request or room 1311, Hale Boggs Federal resolution is received, or the motion is Keesler Air Force Base Air Show, Biloxi, Building, New Orleans, Louisiana, adopted, as the case may be. The MS between 8 a.m. and 3 p.m., Monday Commission shall issue and transmit its The regulated area for this event is through Friday, except Federal holidays. report on the determination not later bounded by the following coordinates: than 10 days after the determination is FOR FURTHER INFORMATION CONTACT: (1) Latitude 30 degrees, 24 minutes, 36 issued. Lieutenant Commander David Nichols, seconds North, longitude 088 degrees, (b) In a review under section 422(j) of Eighth Coast Guard District Legal Office, 56 minutes, 00 seconds West; (2) the Trade Act, the Commission will (504) 589–6188. latitude 30 degrees, 25 minutes, 30 report its determination to the President SUPPLEMENTARY INFORMATION: seconds North, longitude 088 degrees,
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