[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28652-28654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12211]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-516; Investigation No. 332-517]


Certain Environmental Goods: Probable Economic Effect of Duty-
Free Treatment for U.S. Imports; Certain Environmental Goods: U.S. 
International Trade and Competitive Conditions

AGENCY: United States International Trade Commission.

ACTION: Institution of investigations and scheduling of hearing.

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SUMMARY: Following receipt of a request dated April 16, 2010 from the 
United States Trade Representative (USTR) under section 332(g) of the 
Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-516, Certain 
Environmental Goods: Probable Economic Effect of Duty-Free Treatment 
for U.S. Imports, and investigation No. 332-517, Certain Environmental 
Goods: U.S. International Trade and Competitive Conditions.

[[Page 28653]]


DATES: 
    Investigation No. 332-516:
    July 7, 2010: Deadline for filing written submissions from 
interested parties.
    October 18, 2010: Transmittal of the Commission's report to USTR.
    Investigation No. 332-517:
    September 7, 2010: Deadline for filing requests to appear at the 
public hearing.
    September 14, 2010: Deadline for filing pre-hearing briefs and 
statements.
    September 28, 2010: Public hearing.
    October 6, 2010: Deadline for filing post-hearing briefs and 
written submissions from interested parties.
    February 16, 2011: Transmittal of the Commission's report to USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street, SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Co-project leaders Karl Tsuji (202-
205-3434 or <a href="/cdn-cgi/l/email-protection#066d67746a287275736c6f4673756f726528616970"><span class="__cf_email__" data-cfemail="7e151f0c12500a0d0b14173e0b0d170a1d50191108">[email protected]</span></a>) or Andrew David (202-205-3368 or 
<a href="/cdn-cgi/l/email-protection#4f2e212b3d2a38612b2e39262b0f3a3c263b2c61282039"><span class="__cf_email__" data-cfemail="96f7f8f2e4f3e1b8f2f7e0fff2d6e3e5ffe2f5b8f1f9e0">[email protected]</span></a>) for information specific to these 
investigations. For information on the legal aspects of these 
investigations, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or <a href="/cdn-cgi/l/email-protection#1a6d737676737b77347d7f7b68727b686e5a6f69736e79347d756c"><span class="__cf_email__" data-cfemail="91e6f8fdfdf8f0fcbff6f4f0e3f9f0e3e5d1e4e2f8e5f2bff6fee7">[email protected]</span></a>). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or <a href="/cdn-cgi/l/email-protection#a2cfc3d0c5c3d0c7d68ccdcec3d7c5cacecbcce2d7d1cbd6c18cc5cdd4"><span class="__cf_email__" data-cfemail="2a474b584d4b584f5e0445464b5f4d424643446a5f59435e49044d455c">[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 
Internet server (http://www.usitc.gov). 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.
    Background: As requested, in the first report (investigation No. 
332-516), the Commission will provide advice as to the probable 
economic effect on U.S. industries and on U.S. consumers of reducing 
U.S. tariffs to zero on dutiable imported environmental goods from all 
U.S. trading partners, based on 2010 HTS nomenclature at the 8-digit 
level, and using 2009 trade data. In absence of a universally accepted 
definition of an ``environmental good,'' the Commission, for purposes 
of its analysis, will refer to the items proposed in Annex III of WTO 
document TN/TE/19, and as applicable, the additional product-specific 
descriptions set out in that Annex.
    As requested, for the second report (investigation No. 332-517), 
the Commission will:
    <bullet> Provide an overview of the current state of global 
environmental goods trade; and
    <bullet> Develop industry, trade, and market information for the 
items proposed in Annex III of WTO document TN/TE/19, taking into 
account to the extent possible, the additional, more detailed product 
descriptions in that Annex. Such information will include major U.S. 
producers and exporters, key U.S. export markets, MFN applied and bound 
tariffs in those markets, and the value of U.S. imports and exports for 
2007-09, to the extent practical; and
    <bullet> Prepare several case studies on the competitive position 
of selected U.S. environmental goods industries that produce the items 
proposed in Annex III of WTO document TN/TE/19. The Commission will 
select environmental goods of significant export and/or commercial 
interest to the United States. Each case study will include a 
description of the competitive factors affecting exports, or the 
potential to export, and to the extent practical, identify tariff and 
non-tariff measures, government programs, and technological advantages, 
and provide information on shares in domestic and major foreign markets 
as well as other relevant information.
    The Commission will submit its first report to USTR by October 18, 
2010, and its second report to USTR by February 16, 2011. The USTR 
indicated that the portions of the Commission's first report and its 
associated working papers that deal with the requested probable 
economic effect advice, as well as relevant parts of the more detailed 
analysis, as identified by USTR, will be classified as 
``confidential.'' The USTR said that his office will provide further 
guidance relating on the extent to which portions of the two reports 
require classification and the duration. The USTR also stated that he 
considers the Commission's reports to be inter-agency memoranda that 
will contain pre-decisional advice and be subject to the deliberative 
process privilege.
    Public Hearing: A public hearing in connection with the second 
investigation (No. 332-517) will be held at the U.S. International 
Trade Commission Building, 500 E Street, SW., Washington, DC, beginning 
at 9:30 a.m. on September 28, 2010. Requests to appear at the public 
hearing should be filed with the Secretary, no later than 5:15 p.m., 
September 7, 2010, in accordance with the requirements in the 
``Submissions'' section below. All pre-hearing briefs and statements 
should be filed not later than 5:15 p.m., September 14, 2010; and all 
post-hearing briefs and statements should be filed not later than 5:15 
p.m., October 6, 2010. In the event that, as of the close of business 
on September 7, 2010, 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 may call the 
Secretary to the Commission (202-205-2000) after September 7, 2010, for 
information concerning whether the hearing will be held. The Commission 
intends to issue a subsequent Federal Register notice that will provide 
details on the subject areas that would be of particular interest for 
witnesses to address at the public hearing.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to submit written 
statements concerning these investigations. All written submissions 
should be addressed to the Secretary, and should be received not later 
than 5:15 p.m. on the respective dates specified above for each 
investigation. All written submissions must conform with the provisions 
of section 201.8 of the Commission's Rules of Practice and Procedure 
(19 CFR 201.8). Section 201.8 requires that a signed original (or a 
copy so designated) and fourteen (14) copies of each document be filed. 
In the event that confidential treatment of a document is requested, at 
least four (4) additional copies must be filed, in which the 
confidential information must be deleted (see the following paragraph 
for further information regarding confidential business information). 
The Commission's rules authorize filing submissions with the Secretary 
by facsimile or electronic means only to the extent permitted by 
section 201.8 of the rules (see Handbook for Electronic Filing 
Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons with questions 
regarding electronic filing should contact the Secretary (202-205-
2000). Any submissions that contain confidential business information 
must also conform with 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

[[Page 28654]]

and the individual pages be clearly marked as to whether they are the 
``confidential'' or ``non-confidential'' version, and that the 
confidential business information be clearly identified by means of 
brackets. All written submissions, except for confidential business 
information, will be made available for inspection by interested 
parties.
    Some or all of the confidential business information that the 
Commission receives in this investigation may be included in the report 
that the Commission sends to the USTR. However, any confidential 
business information received by the Commission in this investigation 
and used in preparing this report will not be published in a manner 
that would reveal the operations of the firm supplying the information.

    By order of the Commission.

    Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12211 Filed 5-20-10; 8:45 am]
BILLING CODE 7020-02-P


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