Notice and Modification of Action: Canada-Compliance with Softwood Lumber Agreement, 53014-53015 [2010-21486]

Download as PDF 53014 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices published a notice in the Federal Register of August 17, 2010 concerning Fiscal Year 2011 tariff-rate quota allocations of raw cane sugar, refined and special sugar, and sugar-containing products. USTR is revising the effective date of that notice to September 1, 2010 from October 1, 2010. DATES: Effective Date: September 1, 2010. Inquiries may be mailed or delivered to Leslie O’Connor, Director of Agricultural Affairs, Office of Agricultural Affairs, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Leslie O’Connor, Office of Agricultural Affairs, telephone: 202–395–6127 or facsimile: 202–395–4579. SUPPLEMENTARY INFORMATION: On August 19, 2010, the Secretary of Agriculture announced that sugar entering the United States under the Fiscal Year 2011 raw sugar tariff-rate quota will be permitted to enter the U.S. Customs Territory beginning September 1, 2010, a month earlier than the beginning of Fiscal Year 2011 on October 1, 2010. Accordingly, USTR is revising the effective date of its notice of allocation to accommodate the Secretary’s announcement. All other information contained in the August 17, 2010 USTR notice remains unchanged and will not be repeated in this notice. ADDRESSES: Ronald Kirk, United States Trade Representative. [FR Doc. 2010–21524 Filed 8–27–10; 8:45 am] BILLING CODE 3190–W0–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2010–0015] Notice and Modification of Action: Canada—Compliance with Softwood Lumber Agreement Office of the United States Trade Representative. ACTION: Notice and modification of action. AGENCY: Under the 2006 Softwood Lumber Agreement (SLA), Canada agreed to impose export measures on Canadian exports of softwood lumber products to the United States. At the request of the United States, an arbitral tribunal established under the SLA determined in March 2008 that Canada had breached certain SLA obligations. In February 2009, the tribunal issued a remedy award instructing Canada to collect an additional 10 percent ad jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:28 Aug 27, 2010 Jkt 220001 valorem export charge on softwood lumber shipments from Ontario, Quebec, Manitoba, and Saskatchewan, until an entire amount of CDN $68 million has been collected. Canada did not begin collecting the additional export charge. In April 2009, the United States Trade Representative (‘‘Trade Representative’’) initiated an investigation under Section 302 of the Trade Act of 1974, as amended (‘‘Trade Act’’). In that investigation, the Trade Representative determined that Canada’s failure to implement the tribunal’s remedy award had the effect of denying U.S. rights under the SLA; and, pursuant to Section 301 of the Trade Act, the Trade Representative imposed 10 percent ad valorem duties on imports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan (the April 2009 action). Under the April 2009 action, the duties are to remain in place until such time as the United States collects $54.8 million, the U.S. dollar equivalent of CDN $68 million at the time. The Government of Canada, however, has now adopted its own measures to address Canada’s breach of the SLA. In particular, Canada will begin collection of an additional 10 percent charge on exports of softwood lumber products from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan, which will be effective with respect to softwood lumber products with a shipment date of September 1, 2010 or later. Per an understanding between the Governments of the United States and Canada, Canada will collect the additional 10 percent charge on exports until the total of the amounts collected under the U.S. import duty and the Canadian charge on exports is equal to CDN $68 million. The Trade Representative has determined that Canada’s measures satisfactorily grant the rights of the United States under the SLA. Accordingly, the Trade Representative has modified the April 2009 action by removing the 10 percent ad valorem duties on imports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan, effective with respect to imports with a shipment date of September 1, 2010 or later. The modification of the April 2009 action is effective with respect to imports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan with a shipment date of September 1, 2010 or later. DATES: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 John Melle, Deputy Assistant USTR for the Americas, (202) 395–3412, or Suzanne Garner, Assistant General Counsel, (202) 395–9663, for questions concerning the enforcement of U.S. rights under the SLA; Heather Sykes, Chief, Trade Policy Branch, U.S. Customs and Border Protection, Department of Homeland Security, (202) 863–6099, for questions concerning entries of softwood lumber products, or William Busis, Chair of the Section 301 Committee and Deputy Assistant USTR for Monitoring and Enforcement, (202) 395–3150, for questions concerning procedures under Section 301. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: A. Enforcement of U.S. rights under the SLA For further information concerning U.S. rights under the SLA and the April 2009 action, see Initiation of Section 302 Investigation, Determination of Action Under Section 301, and Request for Comments: Canada—Compliance With Softwood Lumber Agreement, 74 FR 16,436 (April 10, 2009) (notice); 74 FR 17,276 (April 14, 2009) (annex). B. Canada’s Measures Addressing the Breach of the SLA Canada has adopted measures to comply with the February 2009 remedy award by imposing a 10 percent export charge on exports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan. Canada enacted the necessary legislation, in the form of an amendment to the Softwood Lumber Products Export Charge Act, 2006, with parliamentary approval and royal assent on July 12, 2010. On August 4, 2010, Canada issued an Order in Council setting September 1, 2010 as the date to begin imposing the 10% charge on shipments of softwood lumber products from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan. Per an understanding between the Governments of the United States and Canada, Canada will collect the additional 10 percent charge on exports until the total of the amounts collected under the U.S. import duty and the Canadian charge on exports is equal to CDN $68 million. The understanding also provides for the United States and Canada to exchange information on the ongoing amounts collected under the U.S. import duty and the Canadian charge on exports. C. Public Comment In May 2010, the Section 301 Committee invited comments from interested persons with respect to the E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices possible modification or termination of the April 2009 action in the event the Government of Canada adopted a law imposing an additional 10 percent export charge on softwood lumber products from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan. See 75 FR 30097 (May 28, 2010). D. Modification of April 2009 Action jlentini on DSKJ8SOYB1PROD with NOTICES Section 307 of the Trade Act authorizes the Trade Representative to modify or terminate an action taken under Section 301 if, among other things, ‘‘the foreign country is taking satisfactory measures to grant the rights of the United States under a trade agreement.’’ Sections 301(a)(2)(B)(i) and 307(1)(A). Pursuant to the recommendations of the Trade Policy Staff Committee and the Section 301 Committee, and taking account of the comments received in response to the May 2010 notice, the Trade Representative has determined: (1) That Canada’s adoption of the July 2010 amendment to the Softwood Lumber Products Export Charge Act, 2006, and the August 2010 Order in Council constitute ‘‘satisfactory measures’’; and (2) to modify the April 2009 action by removing the 10% import duty on entries of softwood lumber products from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan with a shipment date of September 1, 2010 or later. In order to prevent any gap in collection of the charge, the 10% import duty will continue to apply to entries after September 1, 2010 with a shipment date of August 31, 2010 or earlier. In accordance with the Trade Representative’s determination to modify the April 2009 action, and effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after September 1, 2010, U.S. Note 13 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) is modified by deleting subdivision (i) and inserting the following new subdivision in lieu thereof: ‘‘(i) The additional duties provided for in subheading 9903.53.01 shall apply to articles entered, or withdrawn from warehouse for consumption, on or after September 1, 2010, if the Canadian export permits associated with the entries display a shipment date prior to September 1, 2010. The additional duties provided for in subheading 9903.53.01 shall not apply to articles entered, or withdrawn from warehouse for consumption, on or after September 1, 2010, if the Canadian export permits associated with the entries display a shipment date of September 1, 2010 or later.’’ VerDate Mar<15>2010 16:28 Aug 27, 2010 Jkt 220001 E. Section 306 Monitoring Pursuant to Section 306(a) of the Trade Act, the Trade Representative will continue to monitor the implementation of Canada’s measures imposing a 10 percent export charge on exports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan. Pursuant to Section 306(b), if the Trade Representative considers that Canada is not satisfactorily implementing these measures, the Trade Representative will determine what further action to take under Section 301. William L. Busis, Chair, Section 301 Committee. [FR Doc. 2010–21486 Filed 8–27–10; 8:45 am] BILLING CODE 3190–W0–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending August 14, 2010 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2010– 0202. Date Filed: August 9, 2010. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: August 30, 2010. Description: Application of Gama Aviation Limited requesting a foreign air carrier permit and exemption authority to engage in charter foreign air transportation of persons, property and mail to the full extent authorized by the Air Transport Agreement between the European Community and its Member States, and the United States: (i) From any point or points behind any Member State of the European Union via any point or points in any Member State and via intermediate points to any point or PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 53015 points in the United States and beyond; (ii) between any point or points in the United States and any point or points in any member of the European Common Aviation Area; and (iii) other charter. Docket Number: DOT–OST–2007– 26980. Date Filed: August 11, 2010. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 1, 2010. Description: Application of Jade Cargo International Company Limited requesting an amendment of its pending application for a foreign air carrier permit and requests an exemption authorizing it to engage in: (1) Scheduled foreign air transportation of property and mail from any point or points in the People’s Republic of China, via any intermediate points, to any point or points in the United States open to scheduled international operations, and beyond to any points outside the United States; (2) charter foreign air transportation of property and mail from any point or points in the People’s Republic of China, on the one hand, and any point or points in the United States, on the other hand; and (3) other charters. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 2010–21508 Filed 8–27–10; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0242] Public Listening Session Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Announcement of public listening session; request for comment. AGENCY: FMCSA announces it will hold a public listening session to solicit input on key challenges facing the motor carrier industry, issues facing stakeholders, and concerns that should be considered by the Agency in developing its next 5-year Strategic Plan. FMCSA invites interested persons to participate in this important opportunity to help build FMCSA’s next strategic plan. This notice also invites written comments, suggestions, and recommendations from all individuals and organizations on FMCSA’s mission, vision, and strategic objectives (goals) for the plan. SUMMARY: E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 53014-53015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21486]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2010-0015]


Notice and Modification of Action: Canada--Compliance with 
Softwood Lumber Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and modification of action.

-----------------------------------------------------------------------

SUMMARY: Under the 2006 Softwood Lumber Agreement (SLA), Canada agreed 
to impose export measures on Canadian exports of softwood lumber 
products to the United States. At the request of the United States, an 
arbitral tribunal established under the SLA determined in March 2008 
that Canada had breached certain SLA obligations. In February 2009, the 
tribunal issued a remedy award instructing Canada to collect an 
additional 10 percent ad valorem export charge on softwood lumber 
shipments from Ontario, Quebec, Manitoba, and Saskatchewan, until an 
entire amount of CDN $68 million has been collected. Canada did not 
begin collecting the additional export charge. In April 2009, the 
United States Trade Representative (``Trade Representative'') initiated 
an investigation under Section 302 of the Trade Act of 1974, as amended 
(``Trade Act''). In that investigation, the Trade Representative 
determined that Canada's failure to implement the tribunal's remedy 
award had the effect of denying U.S. rights under the SLA; and, 
pursuant to Section 301 of the Trade Act, the Trade Representative 
imposed 10 percent ad valorem duties on imports of softwood lumber 
products subject to the SLA from the provinces of Ontario, Quebec, 
Manitoba, and Saskatchewan (the April 2009 action). Under the April 
2009 action, the duties are to remain in place until such time as the 
United States collects $54.8 million, the U.S. dollar equivalent of CDN 
$68 million at the time. The Government of Canada, however, has now 
adopted its own measures to address Canada's breach of the SLA. In 
particular, Canada will begin collection of an additional 10 percent 
charge on exports of softwood lumber products from the provinces of 
Ontario, Quebec, Manitoba, and Saskatchewan, which will be effective 
with respect to softwood lumber products with a shipment date of 
September 1, 2010 or later. Per an understanding between the 
Governments of the United States and Canada, Canada will collect the 
additional 10 percent charge on exports until the total of the amounts 
collected under the U.S. import duty and the Canadian charge on exports 
is equal to CDN $68 million. The Trade Representative has determined 
that Canada's measures satisfactorily grant the rights of the United 
States under the SLA. Accordingly, the Trade Representative has 
modified the April 2009 action by removing the 10 percent ad valorem 
duties on imports of softwood lumber products subject to the SLA from 
the provinces of Ontario, Quebec, Manitoba, and Saskatchewan, effective 
with respect to imports with a shipment date of September 1, 2010 or 
later.

DATES: The modification of the April 2009 action is effective with 
respect to imports of softwood lumber products subject to the SLA from 
the provinces of Ontario, Quebec, Manitoba, and Saskatchewan with a 
shipment date of September 1, 2010 or later.

FOR FURTHER INFORMATION CONTACT: John Melle, Deputy Assistant USTR for 
the Americas, (202) 395-3412, or Suzanne Garner, Assistant General 
Counsel, (202) 395-9663, for questions concerning the enforcement of 
U.S. rights under the SLA; Heather Sykes, Chief, Trade Policy Branch, 
U.S. Customs and Border Protection, Department of Homeland Security, 
(202) 863-6099, for questions concerning entries of softwood lumber 
products, or William Busis, Chair of the Section 301 Committee and 
Deputy Assistant USTR for Monitoring and Enforcement, (202) 395-3150, 
for questions concerning procedures under Section 301.

SUPPLEMENTARY INFORMATION:

A. Enforcement of U.S. rights under the SLA

    For further information concerning U.S. rights under the SLA and 
the April 2009 action, see Initiation of Section 302 Investigation, 
Determination of Action Under Section 301, and Request for Comments: 
Canada--Compliance With Softwood Lumber Agreement, 74 FR 16,436 (April 
10, 2009) (notice); 74 FR 17,276 (April 14, 2009) (annex).

B. Canada's Measures Addressing the Breach of the SLA

    Canada has adopted measures to comply with the February 2009 remedy 
award by imposing a 10 percent export charge on exports of softwood 
lumber products subject to the SLA from the provinces of Ontario, 
Quebec, Manitoba, and Saskatchewan. Canada enacted the necessary 
legislation, in the form of an amendment to the Softwood Lumber 
Products Export Charge Act, 2006, with parliamentary approval and royal 
assent on July 12, 2010. On August 4, 2010, Canada issued an Order in 
Council setting September 1, 2010 as the date to begin imposing the 10% 
charge on shipments of softwood lumber products from the provinces of 
Ontario, Quebec, Manitoba, and Saskatchewan.
    Per an understanding between the Governments of the United States 
and Canada, Canada will collect the additional 10 percent charge on 
exports until the total of the amounts collected under the U.S. import 
duty and the Canadian charge on exports is equal to CDN $68 million. 
The understanding also provides for the United States and Canada to 
exchange information on the ongoing amounts collected under the U.S. 
import duty and the Canadian charge on exports.

C. Public Comment

    In May 2010, the Section 301 Committee invited comments from 
interested persons with respect to the

[[Page 53015]]

possible modification or termination of the April 2009 action in the 
event the Government of Canada adopted a law imposing an additional 10 
percent export charge on softwood lumber products from the provinces of 
Ontario, Quebec, Manitoba, and Saskatchewan. See 75 FR 30097 (May 28, 
2010).

D. Modification of April 2009 Action

    Section 307 of the Trade Act authorizes the Trade Representative to 
modify or terminate an action taken under Section 301 if, among other 
things, ``the foreign country is taking satisfactory measures to grant 
the rights of the United States under a trade agreement.'' Sections 
301(a)(2)(B)(i) and 307(1)(A). Pursuant to the recommendations of the 
Trade Policy Staff Committee and the Section 301 Committee, and taking 
account of the comments received in response to the May 2010 notice, 
the Trade Representative has determined: (1) That Canada's adoption of 
the July 2010 amendment to the Softwood Lumber Products Export Charge 
Act, 2006, and the August 2010 Order in Council constitute 
``satisfactory measures''; and (2) to modify the April 2009 action by 
removing the 10% import duty on entries of softwood lumber products 
from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan with 
a shipment date of September 1, 2010 or later. In order to prevent any 
gap in collection of the charge, the 10% import duty will continue to 
apply to entries after September 1, 2010 with a shipment date of August 
31, 2010 or earlier.
    In accordance with the Trade Representative's determination to 
modify the April 2009 action, and effective with respect to articles 
entered, or withdrawn from warehouse for consumption, on or after 
September 1, 2010, U.S. Note 13 to subchapter III of chapter 99 of the 
Harmonized Tariff Schedule of the United States (HTS) is modified by 
deleting subdivision (i) and inserting the following new subdivision in 
lieu thereof:

    ``(i) The additional duties provided for in subheading 
9903.53.01 shall apply to articles entered, or withdrawn from 
warehouse for consumption, on or after September 1, 2010, if the 
Canadian export permits associated with the entries display a 
shipment date prior to September 1, 2010. The additional duties 
provided for in subheading 9903.53.01 shall not apply to articles 
entered, or withdrawn from warehouse for consumption, on or after 
September 1, 2010, if the Canadian export permits associated with 
the entries display a shipment date of September 1, 2010 or later.''

E. Section 306 Monitoring

    Pursuant to Section 306(a) of the Trade Act, the Trade 
Representative will continue to monitor the implementation of Canada's 
measures imposing a 10 percent export charge on exports of softwood 
lumber products subject to the SLA from the provinces of Ontario, 
Quebec, Manitoba, and Saskatchewan. Pursuant to Section 306(b), if the 
Trade Representative considers that Canada is not satisfactorily 
implementing these measures, the Trade Representative will determine 
what further action to take under Section 301.

William L. Busis,
Chair, Section 301 Committee.
[FR Doc. 2010-21486 Filed 8-27-10; 8:45 am]
BILLING CODE 3190-W0-P