Notice2024-23639
Request for Comments on Potential Import Prohibitions on Certain Products From the People's Republic of China Pursuant to the Pelly Amendment
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Published
October 15, 2024
Issuing agencies
Trade Representative, Office of United StatesState DepartmentInterior Department
Abstract
Following from the United States' certification of the People's Republic of China (PRC) under the Pelly Amendment, the President is considering various import prohibition options on the basis that PRC nationals are engaging in trade or taking of pangolins that diminishes the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). To inform the President's decision-making, USTR, State, and Interior are seeking public comments concerning whether to impose import prohibitions and what the scope and product coverage of any import prohibitions should be. Neither this notice nor any information that the requesting agencies provide to inform the President's decision constitutes or reflects any final decision.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 83073-83075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23639]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
DEPARTMENT OF STATE
DEPARTMENT OF THE INTERIOR
[Docket Number USTR-2024-0019]
Request for Comments on Potential Import Prohibitions on Certain
Products From the People's Republic of China Pursuant to the Pelly
Amendment
AGENCIES: Office of the United States Trade Representative (USTR); U.S.
Department of State (State); U.S. Department of the Interior
(Interior).
ACTION: Request for comments.
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SUMMARY: Following from the United States' certification of the
People's Republic of China (PRC) under the Pelly Amendment, the
President is considering various import prohibition options on the
basis that PRC nationals are engaging in trade or taking of pangolins
that diminishes the effectiveness of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES). To inform
the President's decision-making, USTR, State, and Interior are seeking
public comments concerning whether to impose import prohibitions and
what the scope and product coverage of any import prohibitions should
be. Neither this notice nor any information that the requesting
agencies provide to inform the President's decision constitutes or
reflects any final decision.
DATES: Submit comments no later than November 14, 2024.
ADDRESSES: USTR, State, and Interior strongly prefer electronic
submissions made through the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the submission instructions below. The Docket
Number is USTR-2024-0019.
FOR FURTHER INFORMATION CONTACT: For information regarding the Pelly
Amendment certification of the PRC, contact Naimah Aziz, Head, Division
of Management Authority, International Affairs, U.S. Fish and Wildlife
Service, at 703.358.2028, <a href="/cdn-cgi/l/email-protection#95f3e2e6e7f3fce5f0f9f9ecd5f3e2e6bbf2fae3"><span class="__cf_email__" data-cfemail="90f6e7e3e2f6f9e0f5fcfce9d0f6e7e3bef7ffe6">[email protected]</span></a>. For trade-related
information, contact Amanda Mayhew, Deputy Assistant U.S. Trade
Representative, USTR Environment & Natural Resources, at 202.395.9629,
<a href="/cdn-cgi/l/email-protection#bddcd0dcd3d9dc93df93d0dcc4d5d8cafdc8cec9cf93d8d2cd93dad2cb"><span class="__cf_email__" data-cfemail="147579757a70753a763a79756d7c716354616760663a717b643a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On November 3, 2023, the President notified Congress of the
Secretary of the Interior's certification, pursuant to section 8(b) of
the Fishermen's Protective Act of 1967, as amended (the Pelly
Amendment) (22 U.S.C. 1978), that PRC nationals are engaging in trade
or taking of all eight species of pangolins that diminishes the
effectiveness of CITES. Since 2017, all species of pangolin have been
included in Appendix I of CITES, which lists species threatened with
extinction that are or may be affected by trade. With limited
exceptions, CITES prohibits international trade for primarily
commercial purposes in Appendix I-listed species. Despite this
prohibition, the PRC remains the largest destination country for
pangolin scales. All eight species of pangolins are threatened with
extinction primarily due to the ongoing
[[Page 83074]]
demand for their body parts, including scales, for medicinal purposes
and consumption, according to the International Union for Conservation
of Nature (IUCN) Red List of Threatened Species.
In his notification to Congress on November 3, the President
reported that, although the PRC has taken some steps to curtail
pangolin trafficking, concerns remain about the significant demand for
pangolin scales in the PRC and its domestic system, which allows for
the legal commercial trade of pangolin scales for medicinal use from
national stockpiles. The President further stated that the PRC must do
more to close domestic markets for pangolins and pangolin specimens
that provide cover for the illegal market (one of the actions that the
CITES Parties recently amended Resolution Conf. 17.10 (CoP19)
Conservation and Trade in Pangolins to include). Without further
actions by the PRC to address these conservation threats to pangolins,
the President's notification stated ``it is likely that pangolin
populations will continue to decline, bringing the species closer to
extinction.'' Given the complexity of this issue, the President
determined it appropriate to proceed with additional discussions, a
routine process for nations certified under the Pelly Amendment,
between the United States and the PRC. The PRC's actions taken to date
have been insufficient to lift the certification.
Pursuant to the Pelly Amendment (22 U.S.C. 1978(a)(5)), the
President now is considering whether to direct the Secretary of the
Treasury to prohibit the importation of certain products from the PRC
into the United States. To that end, the President seeks the advice of
USTR, State and Interior to evaluate the scope and implications of
potential import prohibitions. The President's determination may be
informed by public comments received in response to this notice, and
any progress made by the PRC in implementing CITES measures.
U.S. authorities will continue to review the facts underlying the
certification and engage with the PRC to effect meaningful results in
the effort to conserve pangolin populations and eliminate illegal trade
in pangolins. Any import prohibitions ultimately imposed by the
President would remain in effect until the President determines that
they no longer are appropriate or until the Secretary of the Interior,
in consultation with the Secretary of State, determines that the
reasons for which the Pelly Amendment certification was made no longer
prevail and terminates the certification. Neither this notice nor any
information that USTR, State and Interior provide to inform the
President's decision constitutes or reflects any final decision.
II. Public Comment
USTR, State and Interior invite interested persons to submit
comments concerning whether and what import prohibition is appropriate,
specifically regarding economic and environmental effects of any such
prohibitions, including:
<bullet> Whether to prohibit the importation of any product(s) of
the PRC pursuant to the certification under the Pelly Amendment that
PRC nationals are engaging in trade or taking of pangolins that
diminishes the effectiveness of CITES.
<bullet> What product(s) to prohibit.
<bullet> The degree to which prohibiting the importation of any
particular product might have a positive or negative economic or
environmental effect.
<bullet> Actions other than import prohibitions that would help
bring about an end to illegal trade in these imperiled species.
Comments should include sufficient information, such as scientific
journal articles or other publications, to allow verification of any
scientific or commercial information submitted. Submissions including
supporting information will be of greater assistance than submissions
merely stating support for, or opposition to, a particular recommended
action.
III. Requirements for Submissions
To be assured of consideration, submit your written comments by the
November 14, 2024 deadline. All submissions must be in English. USTR,
State and Interior strongly encourages submissions via <a href="http://regulations.gov">regulations.gov</a>,
using Docket Number USTR-2024-0019. USTR will not accept hand-delivered
submissions. To make a submission via <a href="http://regulations.gov">regulations.gov</a>, enter docket
number USTR-2024-0019 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 by selecting `notice'
under `document type' and click in the `refine document results'
section on the left side of the screen and click on the link entitled
`comment.' Regulations.gov allows users to submit comments by filling
in a `type comment' field, or by attaching a document using an `upload
file' field. USTR prefers that you provide submissions in an in an
attached document and note `see attached' in the `comment' field on the
online submission form.
USTR, State and Interior prefer submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf). If you use an application other than
those two, please indicate the name of the application in the `type
comment' field.
On the first page of the submission, identify the subject matter of
the comment as ``Request for Comments on Potential Import Prohibitions
on Certain Products from the People's Republic of China Pursuant to the
Pelly Amendment''. File names should reflect the name of the person or
entity submitting the comments. Please do not attach separate cover
letters, exhibits, annexes or other attachments to electronic
submissions. Instead, to the extent possible, please include these in
the same file as the submission itself. Submissions should not exceed
30 single-spaced, standard letter-size pages in 12-point type,
including attachments.
You will receive a tracking number upon completion of the
submission procedure at Regulations.gov. The tracking number is
confirmation that Regulations.gov received your submission. Keep the
confirmation for your records.
USTR is not able to provide technical assistance for
Regulations.gov. For further information on using Regulations.gov,
please consult the resources provided on the website by clicking on
`How to Use Regulations.gov' on the bottom of the home page. USTR may
not consider submissions that are not made in accordance with these
instructions.
If you are unable to submit comments as requested, please contact
Amanda Mayhew, Deputy Assistant U.S. Trade Representative, USTR
Environment & Natural Resources, at 202.395.9629,
<a href="/cdn-cgi/l/email-protection#a5c4c8c4cbc1c48bc78bc8c4dccdc0d2e5d0d6d1d78bc0cad58bc2cad3"><span class="__cf_email__" data-cfemail="dbbab6bab5bfbaf5b9f5b6baa2b3beac9baea8afa9f5beb4abf5bcb4ad">[email protected]</span></a>, before transmitting a comment and in
advance of the deadline to arrange for an alternative method of
transmission.
General information concerning USTR is available at <a href="https://www.ustr.gov">https://www.ustr.gov</a>.
IV. Business Confidential Information (BCI) Submissions
If you ask information you submit to be treated as BCI, you must
certify that the information is business confidential and you would not
customarily release it to the public. For any comments submitted
electronically containing BCI, the file name of the business
confidential version should begin with the characters `BCI.' You must
clearly mark any page containing BCI with `BUSINESS CONFIDENTIAL' at
the top of that page. Additionally, you must include `Business
Confidential' in the `type comment' field. Filers of submissions
containing BCI also must
[[Page 83075]]
submit a public version of their submission that will be placed in the
docket for public inspection. The file name of the public version
should begin with the character `P.' The TPSC will post the non-
confidential version in the docket and it will be open to public
inspection.
V. Public Viewing of Review Submissions
Written submissions will be posted in the docket for public
inspection, except properly designated BCI. You can view submissions at
<a href="http://regulations.gov">regulations.gov</a> by entering Docket Number USTR-2024-0019 in the search
field on the home page.
Amanda Mayhew,
Deputy Assistant U.S. Trade Representative for Environment and Natural
Resources, Office of the United States Trade Representative.
Matthew Strickler,
Deputy Assistant Secretary for Fish and Wildlife and Parks, U.S.
Department of the Interior.
Scott B. Ticknor,
Deputy Assistant Secretary for Environment, Acting U.S. Department of
State.
[FR Doc. 2024-23639 Filed 10-11-24; 8:45 am]
BILLING CODE 3290-F4-P
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