[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 83073-83075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. 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 regulations.gov, 
using Docket Number USTR-2024-0019. USTR will not accept hand-delivered 
submissions. To make a submission via regulations.gov, 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 https://www.ustr.gov.

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 
regulations.gov 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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