Notice2022-01916
Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico
Primary source
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Published
January 31, 2022
Issuing agencies
International Trade Commission
Abstract
Following receipt on December 14, 2021 of a request from the U.S. Trade Representative (USTR), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-588, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, for the purpose of preparing a report that provides an overview of economic activity in FTZs operating in the United States, Canada, and Mexico since 2016, an overview of current FTZ policies and practices in the United States, Canada, and Mexico, and an analysis of the effects of current FTZ policies and practices in the United States, Canada, and Mexico on the cost-competitiveness of products of firms operating in these FTZs.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4914-4915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01916]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 332-588]
Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices
on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in
Canada and Mexico
AGENCY: United States International Trade Commission.
ACTION: Notice of investigation and scheduling of public hearing.
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SUMMARY: Following receipt on December 14, 2021 of a request from the
U.S. Trade Representative (USTR), under section 332(g) of the Tariff
Act of 1930, the U.S. International Trade Commission (Commission)
instituted Investigation No. 332-588, Foreign Trade Zones (FTZs):
Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S.
FTZs and Under Similar Programs in Canada and Mexico, for the purpose
of preparing a report that provides an overview of economic activity in
FTZs operating in the United States, Canada, and Mexico since 2016, an
overview of current FTZ policies and practices in the United States,
Canada, and Mexico, and an analysis of the effects of current FTZ
policies and practices in the United States, Canada, and Mexico on the
cost-competitiveness of products of firms operating in these FTZs.
DATES:
May 3, 2022: Deadline for filing requests to appear at the public
hearing.
May 5, 2022: Deadline for filing prehearing briefs and statements.
May 10, 2022: Deadline for filing electronic copies of oral hearing
statements.
May 17, 2022: Public hearing.
May 24, 2022: Deadline for filing posthearing briefs and
statements.
November 30, 2022: Deadline for filing all other written
submissions.
April 14, 2023: Transmittal of Commission report to USTR.
ADDRESSES: All Commission offices are in the U.S. International Trade
Commission Building, 500 E Street SW, Washington, DC. Due to the COVID-
19 pandemic, the Commission's building is currently closed to the
public. Once the building reopens, persons with mobility impairments
who will need special assistance in gaining access to the Commission
should contact the Office of the Secretary at 202-205-2000.
FOR FURTHER INFORMATION CONTACT: Project Leader Fernando Gracia (202-
205-2747 or <a href="/cdn-cgi/l/email-protection#f8be9d8a9699969c97d6bf8a999b9199b88d8b918c9bd69f978e"><span class="__cf_email__" data-cfemail="afe9caddc1cec1cbc081e8ddceccc6ceefdadcc6dbcc81c8c0d9">[email protected]</span></a>), co-Deputy Project Leader Ann
Marie Carton (202-205-2781 or <a href="/cdn-cgi/l/email-protection#e5a48b8b8884978c80cba68497918a8ba590968c9186cb828a93"><span class="__cf_email__" data-cfemail="5d1c3333303c2f3438731e3c2f2932331d282e34293e733a322b">[email protected]</span></a>), or co-Deputy
Project Leader Lin Jones (202-205-3246 or <a href="/cdn-cgi/l/email-protection#571b3e39791d383932241722243e233479303821"><span class="__cf_email__" data-cfemail="89c5e0e7a7c3e6e7ecfac9fcfae0fdeaa7eee6ff">[email protected]</span></a>), for
information specific to this investigation. For information on the
legal aspects of this investigation, contact William Gearhart of the
Commission's Office of the General Counsel (202-205-3091 or
<a href="/cdn-cgi/l/email-protection#d1a6b8bdbdb8b0bcffb6b4b0a3b9b0a3a591a4a2b8a5b2ffb6bea7"><span class="__cf_email__" data-cfemail="85f2ece9e9ece4e8abe2e0e4f7ede4f7f1c5f0f6ecf1e6abe2eaf3">[email protected]</span></a>). The media should contact Jennifer Andberg,
Office of External Relations (202-205-3404 or <a href="/cdn-cgi/l/email-protection#48383d2a24212b292e2e29213a3b083d3b213c2b662f273e"><span class="__cf_email__" data-cfemail="0b7b7e696762686a6d6d6a6279784b7e78627f68256c647d">[email protected]</span></a>).
Hearing-impaired individuals may obtain information on this matter by
contacting the Commission's TDD terminal at 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its website (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). Persons with mobility impairments
who will need special assistance in gaining access to the Commission
should contact the Office of the Secretary at 202-205-2000.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
General information concerning the Commission may be obtained by
accessing its internet address (<a href="https://www.usitc.gov">https://www.usitc.gov</a>).
SUPPLEMENTARY INFORMATION:
Background: As requested in the letter received from the USTR on
December 14, 2021, the Commission has instituted an investigation under
section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) on the
economic activity in FTZs, current FTZ policies and practices, and the
effects of those policies and practices, in the United States, Canada,
and Mexico, on the cost-competitiveness of products of firms operating
in these FTZs. For the purposes of this investigation, the term FTZs
includes U.S. FTZs and similar programs in Canada and Mexico.
Specifically, the USTR requested that the Commission provide a
report that includes the following:
<bullet> An overview of economic activity in FTZs operating in the
United States, Canada, and Mexico since 2016. The overview should
include to the extent practicable:
[cir] Data on the number of firms operating in FTZs.
[cir] Data on FTZ employment.
[cir] A list of the leading sectors/industries participating in
FTZs.
[cir] Data on shipments into FTZs and exports from FTZs.
[cir] Data on foreign direct investment in FTZs.
<bullet> An overview of the current FTZ policies and practices in
the United States, Canada, and Mexico. To the extent information is
available, describe:
[cir] FTZ tariff treatment.
[cir] Other relevant policies and practices that affect the cost-
competitiveness of products of U.S. firms operating in FTZs.
<bullet> To the extent practicable, an analysis of the effects of
current FTZ policies and practices in the United States, Canada, and
Mexico on the cost-competitiveness of products of firms operating in
these FTZs. The analysis should include:
[cir] A description of these effects of these policies and
practices on the relative production costs of U.S. firms operating in
FTZs in the United States, Canada, and Mexico.
[cir] A description of the effects on U.S. employment.
[cir] A description of the effects on selected U.S. sectors/
industries operating in FTZs in the United States, Canada, and Mexico,
including through the use of case studies as appropriate.
[cir] A review of recent literature on the effects of FTZs on U.S.
firm competitiveness and production.
As part of its investigation, the Commission intends to conduct a
survey, and will post the survey on its website at a later date.
As requested by the USTR, the Commission will deliver the report on
April 14, 2023. Since the USTR has indicated that USTR intends to make
this report available to the public in its entirety, the Commission
will not include confidential business or national security classified
information in its report.
Public Hearing: A public hearing in connection with this
investigation will be held beginning at 9:30 a.m. on May 17, 2022. More
detailed information about the hearing, including how to participate,
will be posted on the Commission's website at (<a href="https://usitc.gov/research_and_analysis/what_we_are_working_on.htm">https://usitc.gov/research_and_analysis/what_we_are_working_on.htm</a>).
Requests to appear at the hearing should be filed no later than
5:15 p.m. on May 3, 2022, in accordance with the requirements in the
``Written Submissions'' section below. All prehearing briefs and
statements should be filed not later than 5:15 p.m., May 5, 2022. To
facilitate the hearing, including the preparation of an accurate
written transcript of the hearing, oral testimony to be presented at
the hearing must be submitted to the Commission electronically no later
than noon, May 10, 2022. All posthearing briefs and statements should
be filed no later than 5:15 p.m., May 24, 2022. Posthearing briefs and
statements should address matters raised at the hearing. For a
description of the different types of
[[Page 4915]]
written briefs and statements, see the ``Definitions'' section below.
In the event that, as of the close of business on May 3, 2022, no
witnesses are scheduled to appear at the hearing, the hearing will be
canceled. Any person interested in attending the hearing as an observer
or nonparticipant should check the Commission website in the preceding
paragraph for information concerning whether the hearing will be held.
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to file written submissions
concerning this investigation. All written submissions should be
addressed to the Secretary, and should be received not later than the
dates provided for in this notice. All written submissions must conform
to the provisions of section 201.8 of the Commission's Rules of
Practice and Procedure (19 CFR 201.8), as temporarily amended by 85 FR
15798 (March 19, 2020). Under that rule waiver, the Office of the
Secretary will accept only electronic filings at this time. Filings
must be made through the Commission's Electronic Document Information
System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>). No in-person paper-based filings
or paper copies of any electronic filings will be accepted until
further notice. Persons with questions regarding electronic filing
should contact the Office of the Secretary, Docket Services Division
(202-205-1802), or consult the Commission's Handbook on Filing
Procedures.
Definitions of Types of Documents That May Be Filed; Requirements:
In addition to requests to appear at the hearing, this notice provides
for the possible filing of four types of documents: prehearing briefs,
oral hearing statements, posthearing briefs, and other written
submissions.
(1) Prehearing briefs refers to written materials relevant to the
investigation and submitted in advance of the hearing, and includes
written views on matters that are the subject of the investigation,
supporting materials, and any other written materials that you consider
will help the Commission in understanding your views. You should file a
prehearing brief particularly if you plan to testify at the hearing on
behalf of an industry group, company, or other organization, and wish
to provide detailed views or information that will support or
supplement your testimony.
(2) Oral hearing statements (testimony) refers to the actual oral
statement that you intend to present at the public hearing. Do not
include any confidential business information in that statement. If you
plan to testify, you must file a copy of your oral statement by the
date specified in this notice. This statement will allow Commissioners
to understand your position in advance of the hearing and will also
assist the court reporter in preparing an accurate transcript of the
hearing (e.g., names spelled correctly).
(3) Posthearing briefs refers to submissions filed after the
hearing by persons who appeared at the hearing. Such briefs: (a) Should
be limited to matters that arose during the hearing, (b) should respond
to any Commissioner and staff questions addressed to you at the
hearing, (c) should clarify, amplify, or correct any statements you
made at the hearing, and (d) may, at your option, address or rebut
statements made by other participants in the hearing.
(4) Other written submissions refer to any other written
submissions that interested persons wish to make, regardless of whether
they appeared at the hearing, and may include new information or
updates of information previously provided.
In accordance with the provisions of section 201.8 of the
Commission's Rules of Practice and Procedure (19 CFR 201.8) the
document must identify on its cover (1) the type of document filed
(i.e., prehearing brief, oral statement of (name), posthearing brief,
or written submission), (2) the name of the person or organization
filing it, and (3) whether it contains confidential business
information (CBI). If it contains CBI, it must comply with the marking
and other requirements set out below in this notice relating to CBI.
Submitters of written documents (other than oral hearing statements)
are encouraged to include a short summary of their position or interest
at the beginning of the document, and a table of contents when the
document addresses multiple issues.
Confidential Business Information: Any submissions that contain
confidential business information must also conform to the requirements
of section 201.6 of the Commission's Rules of Practice and Procedure
(19 CFR 201.6). Section 201.6 of the rules requires that the cover of
the document and the individual pages be clearly marked as to whether
they are the ``confidential'' or ``non-confidential'' version, and that
the confidential business information is clearly identified by means of
brackets. All written submissions, except for confidential business
information, will be made available for inspection by interested
parties.
As requested by the USTR, the Commission will not include any
confidential business information in its report. However, all
information, including confidential business information, submitted in
this investigation may be disclosed to and used: (i) By the Commission,
its employees and Offices, and contract personnel (a) for developing or
maintaining the records of this or a related proceeding, or (b) in
internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and
contract personnel for cybersecurity purposes. The Commission will not
otherwise disclose any confidential business information in a way that
would reveal the operations of the firm supplying the information.
Summaries of Written Submissions: Persons wishing to have a summary
of their position included in the report that the Commission sends to
the USTR should include a summary with their written submission and
should mark the summary as having been provided for that purpose. The
summary should be clearly marked as ``summary for inclusion in the
report'' at the top of the page. The summary may not exceed 500 words
and should not include any confidential business information. The
summary will be published as provided if it meets these requirements
and is germane to the subject matter of the investigation. The
Commission will list the name of the organization furnishing the
summary and will include a link to the Commission's Electronic Document
Information System (EDIS) where the full written submission can be
found.
Issued: January 26, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01916 Filed 1-28-22; 8:45 am]
BILLING CODE 7020-02-P
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