Notice2024-17138
Request for Comments and Public Hearing About the Administration's Action Following a Determination of Import Injury With Regard to Fine Denier Polyester Staple Fiber (PSF)
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Published
August 5, 2024
Issuing agencies
Trade Representative, Office of United States
Abstract
On July 9, 2024, the United States International Trade Commission (USITC) determined that fine denier polyester staple fiber (PSF) is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article that is like or directly competitive with the imported article. The Commissioners who voted in the affirmative are now conducting a process to recommend a safeguard measure for the President. The Office of the United States Trade Representative (USTR), on behalf of the Trade Policy Staff Committee (TPSC), is announcing a process so that, once the USITC makes its recommendation and issues its report to the President, domestic producers, importers, exporters, and other interested parties subsequently may submit their views and evidence on the appropriateness of the recommended safeguard measure and whether it would be in the public interest. USTR also invites interested parties to participate in a public hearing regarding this matter.
Full Text
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<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63465-63466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17138]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2024-0010]
Request for Comments and Public Hearing About the
Administration's Action Following a Determination of Import Injury With
Regard to Fine Denier Polyester Staple Fiber (PSF)
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments and notice of public hearing.
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SUMMARY: On July 9, 2024, the United States International Trade
Commission (USITC) determined that fine denier polyester staple fiber
(PSF) is being imported into the United States in such increased
quantities as to be a substantial cause of serious injury, or the
threat thereof, to the domestic industry producing an article that is
like or directly competitive with the imported article. The
Commissioners who voted in the affirmative are now conducting a process
to recommend a safeguard measure for the President. The Office of the
United States Trade Representative (USTR), on behalf of the Trade
Policy Staff Committee (TPSC), is announcing a process so that, once
the USITC makes its recommendation and issues its report to the
President, domestic producers, importers, exporters, and other
interested parties subsequently may submit their views and evidence on
the appropriateness of the recommended safeguard measure and whether it
would be in the public interest. USTR also invites interested parties
to participate in a public hearing regarding this matter.
DATES:
September 9, 2024 at 11:59 p.m. EST: Deadline for submission of
written comments, requests to testify, and summaries of written
testimony.
September 16, 2024 at 11:59 p.m. EST: Deadline for submission of
written responses to the initial round of comments.
September 30, 2024: The TPSC will hold a public hearing in Rooms 1
and 2, 1724 F Street NW, Washington, DC.
ADDRESSES: USTR strongly prefers electronic submissions made through
the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>
(<a href="http://Regulations.gov">Regulations.gov</a>). Follow the instructions for submitting comments in
section III below. The docket number is USTR-2024-0010. For
alternatives to on-line submissions, please contact Rachel Hasandras at
<a href="/cdn-cgi/l/email-protection#792b181a111c15573b5731180a18171d0b180a390c0a0d0b571c1609571e160f"><span class="__cf_email__" data-cfemail="cf9daeaca7aaa3e18de187aebcaea1abbdaebc8fbabcbbbde1aaa0bfe1a8a0b9">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and
Multilateral Affairs, at <a href="/cdn-cgi/l/email-protection#c690afa5b2a9b49995998bb4a9a5bcada786b3b5b2b4e8a3a9b6e8a1a9b0"><span class="__cf_email__" data-cfemail="60360903140f123f333f2d120f031a0b0120151314124e050f104e070f16">[email protected]</span></a> or 202.395.9450;
Rachel Hasandras or Michael Gagain, Office of the General Counsel, at
or 202.395.9529, or respectively, <a href="/cdn-cgi/l/email-protection#035162606b666f2d412d4b6270626d6771627043767077712d666c732d646c75"><span class="__cf_email__" data-cfemail="f1a3909299949ddfb3dfb99082909f95839082b184828583df949e81df969e87">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#571a3e343f36323b790379103630363e3917222423257932382779303821"><span class="__cf_email__" data-cfemail="602d09030801050c4e344e27010701090e20151314124e050f104e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. The USITC Investigation and Section 201
On March 8, 2024, following receipt of a petition for import
relief, as filed on February 28, 2024, the USITC instituted
investigation No. TA-201-078 under section 202 of the Trade Act of 1974
(19 U.S.C. 2252) on imported PSF, on the basis of a petition requesting
import relief properly filed by Fiber Industries LLC d/b/a Darling
Fibers, Nan Ya Plastics Corp. America, and Sun Fiber (collectively,
petitioners). The USITC notice of institution (89 FR 18435) identifies
the scope of the products covered by this investigation.
On July 9, 2024, after receiving submissions from interested
parties and holding a public hearing on June 4, 2024 that provided an
opportunity to present opposing views and supporting evidence, the
USITC determined that the increased importation of PSF is a substantial
cause of serious injury, or threat thereof, to the domestic industry.
The USITC determination and additional information about the
investigation, including the administrative record consisting of briefs
and other submissions, can be found in the Electronic Document
Information System (EDIS) on the USITC website at <a href="http://www.usitc.gov">www.usitc.gov</a>.
By August 26, 2024, after the remedy hearing and consideration of
the submissions, the USITC will submit to the President a report with
its recommendation on action(s) to address the serious injury, or
threat thereof, to the domestic industry and to facilitate the efforts
of the domestic industry to make a positive adjustment to import
competition.
II. Proposed Measure and Opportunity To Comment
Section 201 of the Trade Act of 1974 (19 U.S.C. 2251) authorizes
the President, in the event of an affirmative determination by the
USITC, to take all appropriate and feasible action within his power
that he determines will facilitate efforts by the domestic industry to
make a positive adjustment to import competition and provide greater
economic and social benefits than costs. The statute provides for the
President to take action within 60 days after receiving the USITC
report, subject to any decision the President makes to request
additional information from the USITC. As noted above, the USITC is
scheduled to transmit its report to the President by August 26, 2024.
In accordance with section 203(a)(1)(C) of the Trade Act of 1974 (19
U.S.C. 2253(a)(1)(C)), the TPSC will make a recommendation to the
President. This recommendation will take into account the USITC
recommendation, the extent to which the domestic industry will benefit
from adjustment assistance, the efforts of the domestic industry to
make positive adjustments, and other relevant considerations. The
potential actions the President may take to provide a remedy in the
form of a safeguard measure include:
<bullet> Imposition, or increase, of a duty on the imported
articles in question.
<bullet> Use of a tariff-rate quota.
<bullet> Modification or imposition of any quantitative restriction
on the importation of the articles into the United States.
<bullet> A proposal to negotiate and carry out an agreement with
foreign countries to limit the exportation from foreign countries and
importation into the United States.
<bullet> Procedures for the granting of import licenses.
<bullet> Other negotiations to identify the underlying cause of the
increased imports to alleviate the injury or threat thereof.
<bullet> Legislative proposals that would facilitate a positive
adjustment.
<bullet> Other action consistent with the President's authority.
<bullet> Any combination of these actions.
USTR offers these potential remedies for further consideration by
domestic producers, importers, exporters, and other interested parties,
and invites views and evidence on whether a proposed remedy is
appropriate and in the public interest. In commenting on the action to
take, we request that you address:
1. The appropriateness of any other proposed action and how it
would be in the public interest.
2. The short- and long-term effects the proposed action is likely
to have on the domestic PSF industry, other domestic industries, and
downstream consumers.
[[Page 63466]]
3. The short- and long-term effects that not taking the proposed
action is likely to have on the domestic PSF industry, its workers, and
on other domestic industries and communities.
III. Hearing Participation
The TPSC will convene a public hearing on September 30, 2024, in
Rooms 1 and 2, 1724 F Street NW, Washington, DC. USTR will provide
information about the format and schedule for the hearing to interested
parties. Requests to testify must include the following information:
(1) name, address, telephone number, email address, and firm or
affiliation of the individual wishing to testify, and (2) a brief
summary of the proposed oral presentation.
IV. Submission Instructions
USTR seeks public comments with respect to the issues described in
Section II. To be assured of consideration, you must submit written
comments, requests to appear at the hearing, and summaries of testimony
by 11:59 p.m. EST on September 09, 2024, and any written responses to
those comments by 11:59 p.m. EST on September 16, 2024. The request to
appear must include a summary of testimony, and may be accompanied by a
prehearing submission. All comments must be in English and must
identify on the reference line of the first page of the submission
``Potential Action: Fine Denier PSF.''
USTR strongly encourages commenters to make on-line submissions,
using <a href="http://Regulations.gov">Regulations.gov</a>. To submit comments via <a href="http://Regulations.gov">Regulations.gov</a>, enter
docket number USTR-2024-0010 on the home page and click ``search.'' The
site will provide a search-results page listing all documents
associated with this docket. Find a reference to this notice and click
on the link entitled ``Comment Now!''
For further information on using <a href="http://Regulations.gov">Regulations.gov</a>, please consult
the resources provided on the website by clicking ``How to Use
<a href="http://Regulations.gov">Regulations.gov</a>'' on the bottom of the home page. USTR will not accept
hand-delivered submissions.
The <a href="http://Regulations.gov">Regulations.gov</a> website allows users to provide comments by
filling in a ``Type Comment'' field, or by attaching a document using
an ``Upload File'' field. USTR prefers that you provide comments as an
attached document in Microsoft Word (.doc) or Adobe Acrobat (.pdf)
format. If the submission is in another file format, please indicate
the name of the software application in the ``Type Comment'' field.
File names should reflect the name of the person or entity submitting
the comments. Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
For any comments submitted electronically that contain business
confidential information (BCI), the file name of the business
confidential version should begin with the characters ``BCI''. Any page
containing business confidential information must be clearly marked
``BUSINESS CONFIDENTIAL'' on the top of that page and the submission
should clearly indicate, via brackets, highlighting, or other means,
the specific information that is business confidential. A filer
requesting business confidential treatment must certify that the
information is business confidential and would not customarily be
released to the public by the submitter. Filers of submissions
containing business confidential information also must submit a public
version of their comments. The file name of the public version should
begin with the character ``P''. Follow the ``BCI'' and ``P'' with the
name of the person or entity submitting the comments. Filers submitting
comments containing no BCI should name their file using the name of the
person or entity submitting the comments.
As noted, USTR strongly urge submitters to file comments through
<a href="http://Regulations.gov">Regulations.gov</a>. You must make arrangements for any alternative method
of submission with Rachel Hasandras at <a href="/cdn-cgi/l/email-protection#5f0d3e3c373a33711d71173e2c3e313b2d3e2c1f2a2c2b2d713a302f71383029"><span class="__cf_email__" data-cfemail="792b181a111c15573b5731180a18171d0b180a390c0a0d0b571c1609571e160f">[email protected]</span></a>
in advance of the relevant deadline and before transmitting a comment.
You can find general information about USTR at <a href="http://www.ustr.gov">www.ustr.gov</a>.
USTR will post comments in the docket for public inspection, except
properly designated BCI. You can view comments on <a href="http://Regulations.gov">Regulations.gov</a> by
entering the docket number in the search field on the home page.
Laura Buffo,
Chair of the Trade Policy Staff Committee, Office of the United States
Trade Representative.
[FR Doc. 2024-17138 Filed 8-2-24; 8:45 am]
BILLING CODE 3390-F4-P
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