[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34387-34388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16824]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Proposed Measure and Opportunity for Public Comment 
Pursuant to Section 421 of the Trade Act of 1974: Certain Passenger 
Vehicle and Light Truck Tires From the People's Republic of China

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of proposed measure; request for comments.

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SUMMARY: The United States International Trade Commission (ITC) has 
determined, pursuant to section 421(b)(1) of the Trade Act of 1974, as 
amended (the Trade Act) (19 U.S.C. 2451(b)(1)), that certain passenger 
vehicle and light truck tires \1\ from the People's Republic of China 
(China) are being imported into the United States in such increased 
quantities or under such conditions as to cause market disruption to 
the domestic producers of like or directly competitive products. 
Pursuant to section 421(h)(1) of the Trade Act, the United States Trade 
Representative (USTR) is publishing notice of proposed restrictions 
with respect to imports of Chinese tires. USTR invites domestic 
producers, importers, exporters, and other interested parties to submit 
their views and evidence on the appropriateness of the proposed 
restrictions and whether they would be in the public interest. USTR 
also invites interested parties to participate in a public hearing (if 
one is requested).
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    \1\ For purposes of its investigation, the ITC considered 
certain passenger vehicle and light truck tires to consist of new 
pneumatic tires, of rubber, from China, of a kind used on motor cars 
(except racing cars) and on-the-highway light trucks, vans, and 
sport utility vehicles, provided for in subheadings 4011.10.10, 
4011.10.50, 4011.20.10, and 4011.20.50 of the Harmonized Tariff 
Schedule of the United States (hereafter ``Chinese tires'').

DATES: Requests for USTR to hold a public hearing are due by July 27, 
2009. Written comments and requests to testify at any public hearing 
are also due by July 27, 2009. If USTR receives a request to hold a 
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public hearing, the hearing will be held on August 7, 2009.

ADDRESSES: Requests and written comments should be submitted 
electronically via the Internet at http://www.regulations.gov, docket 
number USTR-2009-0017. If you are unable to provide on-line 
submissions, please contact Sandy McKinzy, Legal Technician, at (202) 
395-9483 to arrange for an alternative method of transmission.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
public comments and holding of a public hearing, contact Sandy McKinzy, 
Legal Technician, USTR, telephone (202) 395-9483. Other questions 
should be addressed to Terrence J. McCartin, Office of China Affairs, 
USTR, telephone (202) 395-3900, or Mar[iacute]a L. Pag[aacute]n, Office 
of General Counsel, USTR, telephone (202) 395-7305.

SUPPLEMENTARY INFORMATION:

1. The ITC Investigation and Section 421

    Following receipt of a petition filed on April 20, 2009, by the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union (``USW''), the ITC 
instituted investigation No. TA-421-7, under section 421 of the Trade 
Act (19 U.S.C. 2451) to determine whether Chinese tires are being 
imported into the United States in such increased quantities or under 
such conditions as to cause or threaten to cause market disruption to 
the domestic producers of like or directly competitive products. The 
ITC made an affirmative market disruption determination on June 18, 
2009, and transmitted a report on its determination, as well as its 
remedy proposals, to USTR on July 9, 2009. The views of the ITC, 
including its remedy proposals, and the ITC staff report, are available 
on the ITC's Web site (http://www.usitc.gov) and are contained in USITC 
Publication 4085 (July 2009), entitled ``Certain Passenger Vehicle and 
Light Truck Tires from China.'' A copy of that publication can be 
obtained from the ITC after July 30, 2009, by e-mailing 
<a href="/cdn-cgi/l/email-protection#6b1b1e09190e1a1e0e181f2b1e18021f08450c041d"><span class="__cf_email__" data-cfemail="80f0f5e2f2e5f1f5e5f3f4c0f5f3e9f4e3aee7eff6">[email protected]</span></a>, calling (202) 205-2000, or writing to the Office 
of the Secretary, 500 E Street, SW., Washington, DC 20436. Requests may 
also be faxed to (202) 205-2104.
    Following an affirmative determination by the ITC, and pursuant to 
Section 421(h) of the Trade Act, USTR is required to make a 
recommendation to the President concerning what action, if any, the 
President should take to remedy the market disruption. Within 15 days 
after receiving USTR's recommendation, the President is required to 
provide import relief unless the President determines that providing 
such relief is not in the national economic interest of the United 
States or, in extraordinary cases, that taking action would cause 
serious harm to the national security of the United States. (Section 
421(k).) Before making a recommendation, USTR is required to publish 
notice of any measures it may propose and provide an opportunity to 
comment.

2. Proposed Measure and Opportunity for Comment

    The ITC recommended that the President impose an additional duty 
for three years on imports of Chinese tires as follows: 55 percent ad 
valorem in the first year, 45 percent ad valorem in the second year, 
and 35 percent ad valorem in the third year. The ITC further 
recommended that, if applications are

[[Page 34388]]

filed, the President direct the Department of Commerce and the 
Department of Labor to provide expedited consideration of trade 
adjustment assistance for workers and/or firms affected by imports of 
Chinese tires. USTR proposes this remedy for further consideration by 
domestic producers, importers, exporters, and other interested parties, 
and invites any of these parties to submit their views and evidence on 
the appropriateness of the proposed remedy and whether it would be in 
the public interest. In addition, USTR invites comments on other 
possible actions, including: imposing an additional duty on imports of 
Chinese tires at a rate, and/or for a period, different from the ITC 
recommendation; imposing a tariff-rate quota on imports of Chinese 
tires; imposing a quota on imports of Chinese tires; an import 
monitoring mechanism; or no import relief (pursuant to a determination 
under Section 421(k) of the Trade Act regarding the national economic 
interest or national security). In commenting on other possible 
actions, interested parties are requested to address the 
appropriateness of any other proposed action and how it would be in the 
public interest, and address: (i) The short- and long-term effects the 
proposed action is likely to have on the domestic passenger vehicle and 
light truck tires industry, other domestic industries, and downstream 
consumers, and (ii) the short- and long-term effects that not taking 
the proposed action is likely to have on the domestic passenger vehicle 
and light truck tires industry, its workers, and on other domestic 
industries or communities.
    USTR will inform parties that have submitted comments and/or 
requested to testify at any public hearing if a hearing is to be held. 
In addition, information on any public hearing may be obtained by 
contacting Sandy McKinzy, Legal Technician, at (202) 395-9483. If a 
public hearing is requested, it will be held on August 7, 2009, at 9:30 
a.m. in Rooms 1 and 2, 1724 F Street, NW., Washington, DC. Requests to 
testify must include the following information: (1) Name, address, 
telephone number, fax number, and firm or affiliation of the person 
wishing to testify; and (2) a brief summary of the comments to be 
presented.

3. Requirements for Submissions

    To submit requests or comments via http://www.regulations.gov, 
enter docket number USTR-2009-0017 on the home page and click ``go''. 
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'' on the left side of the 
search-results page, and click on the link entitled ``Send a Comment or 
Submission.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use This Site'' on the left side 
of the home page.)
    The http://www.regulations.gov Web site provides the option of 
making submissions by filling in a ``General Comments'' field, or by 
attaching a document. We expect that most submissions will be provided 
in an attached document. If a document is attached, it is sufficient to 
type ``See attached'' followed by (as appropriate) ``Written 
Comments'', ``Request for Public Hearing'', or ``Request to Testify'' 
in the ``General Comments'' field.
    Submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) are 
preferred. If you use an application other than those, please identify 
the application in your submission. For any document submitted 
electronically containing business confidential information, the file 
name of the business confidential version should begin with the 
characters ``BC'', and the file name of the public version should begin 
with the character ``P''. The ``P'' or ``BC'' should be followed by the 
name of the submitter. If you submit comments that contain no business 
confidential information, the file name should begin with the character 
``P'', followed by the name of the submitter. Submissions should not 
attach a separate cover letter; rather, information that might appear 
in a cover letter should be included in the submission itself. To the 
extent possible, any attachments to the submission should be included 
in the same file as the submission itself, and not as separate files.
    We strongly urge submitters to use electronic filing. If on-line 
submission is impossible, please contact Sandy McKinzy at (202) 395-
9483 to arrange for an alternative method of transmission.

Eric G. Altbach,
Deputy Assistant United States Trade Representative for China Affairs.
 [FR Doc. E9-16824 Filed 7-14-09; 8:45 am]
BILLING CODE 3190-W9-P


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