Amendment to the Privacy Shield Cost Recovery Fees, 16375-16378 [2017-06437]

Download as PDF Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES • • • • • Molybdenum 0.35–0.55, Boron 0.002–0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at ¥75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01–75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at ¥40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): • Carbon 0.25–0.30, • Silicon not greater than 0.25, • Manganese not greater than 0.50, • Nickel 3.0–3.5, • Sulfur not greater than 0.010, • Phosphorus not greater than 0.020, • Chromium 1.0–1.5, • Molybdenum 0.6–0.9, • Vanadium 0.08 to 0.12 • Boron 0.002–0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at ¥40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Adverse Facts Available a. China Steel b. Shang Chen IV. Scope of the Investigation V. Scope Comments VI. Affiliations and Collapsing VII. Margin Calculations VIII. Discussion of Issues a. China Steel 1. Whether to Apply Total Adverse Facts Available to China Steel 2. China Steel Excluded Operating Costs 3. China Steel Under-Reported Prime Merchandise 4. China Steel Under-Reported G&A Expenses 5. China Steel Under-Reported Interest Expenses 6. China Steel Improperly Reduced COGS 7. China Steel Date of Sale 8. China Steel Home Market Post-Sale Price Adjustments 9. China Steel Destination Codes 10. China Steel Packing Expenses 11. Critical Circumstances 12. Alleged Errors in China Steel Verification Report b. Shang Chen 13. Total Adverse Facts Available for Shang Chen 14. Adjustments to the Reported Per-Unit Cost of Manufacturing PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 16375 15. Shang Chen General and Administrative Expenses 16. Shang Chen Scrap Offset 17. Quarterly Cost Data 18. Shang Chen Differential Pricing Analysis 19. Shang Chen Date of Sale 20. Shang Chen Sales-Related Revenues 21. Shang Chen Reported Packing Cost 22. Alleged Error in Shang Chen’s Margin Calculation Program IX. Recommendation [FR Doc. 2017–06703 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 170301219–7219–01] RIN 0625–XC029 Amendment to the Privacy Shield Cost Recovery Fees International Trade Administration, U.S. Department of Commerce. ACTION: Notice of amendment to the Privacy Shield cost recovery program fees, with request for comments. AGENCY: Consistent with the guidelines in OMB Circular A–25, the U.S. Department of Commerce’s International Trade Administration (ITA) is revising the fee schedule implemented on August 1, 2016. On January 12, 2017, the Swiss Government announced the approval of the SwissU.S. Privacy Shield Framework as a valid legal mechanism to comply with Swiss requirements when transferring personal data from Switzerland to the United States. For more detailed information on the Swiss-U.S. Privacy Shield Framework and the announcement, please see https:// www.privacyshield.gov/ProgramOverview. This notice revises the Privacy Shield fee structure to incorporate the SwissU.S. Privacy Shield Framework in addition to the existing EU–U.S. Privacy Shield Framework. This is to support the operation of both the EU–U.S. and Swiss-U.S. Privacy Shield Frameworks (Privacy Shield). DATES: These fees are effective April 12, 2017. Comments must be received by May 4, 2017. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: www.Regulations.gov. The identification number is ITA–2017–0001. • Postal Mail/Commercial Delivery to Joshua Blume, Department of Commerce, International Trade SUMMARY: E:\FR\FM\04APN1.SGM 04APN1 16376 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES Administration, Room 11022, 1401 Constitution Avenue NW., Washington, DC and reference ‘‘Privacy Shield Fee Structure, ITA–2017–0001’’ in the subject line. Instructions: You must submit comments by one of the above methods to ensure that the comments are received and considered. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. ITA will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ ITA–2017–0001. More information regarding the Privacy Shield can be found at https:// www.privacyshield.gov/ProgramOverview. FOR FURTHER INFORMATION CONTACT: Requests for additional information regarding the EU–U.S. and Swiss-U.S. Privacy Shield Frameworks should be directed to Joshua Blume, Department of Commerce, International Trade Administration, Room 11022, 1401 Constitution Avenue NW., Washington, DC, tel. 202–482–0988 or 202–482–1512 or via email at privacyshield@trade.gov. Additional information on ITA fees is available at trade.gov/fees. SUPPLEMENTARY INFORMATION: Background: In the revised fee structure, there will be one annual fee applied to U.S. organizations to participate in either the Swiss–U.S. or EU–U.S. Privacy Shield Frameworks. Should a U.S. organization opt to self-certify for both programs, they will be provided a reduced rate for the second Framework and be required to synchronize their recertifications to both Frameworks to maximize efficiency. Additionally, a fee will be applied annually to organizations that withdraw from the Privacy Shield and continue to maintain data received while they participated in the Privacy Shield. The cost recovery program will support the administration and VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 supervision of the Privacy Shield and support Privacy Shield services including education and outreach. The revised Privacy Shield fee structure will become effective on April 12, 2017, when ITA will begin accepting certifications to the Swiss–U.S. Privacy Shield. While the revised fees will be effective April 12, 2017, ITA is providing the public with the opportunity to comment on these revised fees. ITA will then review all comments and reassess the Privacy Shield fees after August 1, 2017, a full year from initial implementation of Privacy Shield, as originally discussed in the Cost Recovery Fee Schedule for the EU–U.S. Privacy Shield Framework, published September 30, 2016. The review will recur at least every two years thereafter, in accordance with OMB Circular A–25. Consistent with the guidelines in OMB Circular A–25, federal agencies are responsible for implementing cost recovery program fees. The role of ITA is to strengthen the competitiveness of U.S. industry, promote trade and investment, and ensure fair trade through the rigorous enforcement of our trade laws and agreements. ITA works to promote privacy policy frameworks to facilitate the flow of data across borders and support international trade. The United States, the European Union (EU), and Switzerland share the goal of enhancing privacy protection but take different approaches to protecting personal data. Given those differences, the Department of Commerce (DOC) developed the Privacy Shield Frameworks in consultation with the European Commission, the Swiss Government, and with industry and other stakeholders, to provide organizations in the United States with a reliable mechanism for personal data transfers to the United States from the European Union and Switzerland while ensuring the data is protected in a manner consistent with EU and Swiss law. As referenced in the Cost Recovery Fee Schedule for the EU–U.S. Privacy Shield Framework, published September 30, 2016 (81 FR 67293), the European Commission approved the EU–U.S. Privacy Shield Framework on July 12, 2016. More recently, on January 12, 2017, the Swiss government approved the Swiss–U.S. Privacy Shield Framework, which is based on the EU– U.S. Privacy Shield. The published Privacy Shield is available at https:// www.privacyshield.gov/. The DOC has issued the Privacy Shield Framework Principles under its statutory authority to foster, promote, and develop PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 international commerce (15 U.S.C. 1512). ITA administers and supervises the EU–U.S. Privacy Shield Framework, including by maintaining and making publicly available an authoritative list of U.S. organizations that have selfcertified to the DOC. U.S. organizations submit information to ITA to self-certify their compliance with Privacy Shield. ITA similarly will administer and supervise the Swiss-U.S. Privacy Shield Framework. ITA will accept selfcertification submissions for the SwissU.S. Privacy Shield beginning on April 12, 2017. Consistent with the Paperwork Reduction Act, ITA published proposed information collections as described in the EU–U.S. and Swiss–U.S. Privacy Shield Frameworks for public notice and comment (81 FR 78775 and 82 FR 7796; and 82 FR 6492, respectively). U.S. organizations considering selfcertifying to the Privacy Shield should review the Privacy Shield Frameworks. In summary, to enter either the EU or Swiss–U.S. Privacy Shield Framework, an organization must (a) be subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) or the Department of Transportation; (b) publicly declare its commitment to comply with the Privacy Shield Framework Principles through self-certification to the DOC; (c) publicly disclose its privacy policies in line with the Privacy Shield Framework Principles; and (d) fully implement them. Self-certification to the DOC is voluntary. However, an organization’s failure to comply with the Privacy Shield Framework Principles after its self-certification is enforceable under Section 5 of the Federal Trade Commission Act prohibiting unfair and deceptive acts in or affecting commerce (15 U.S.C. 45(a)) or other laws or regulations prohibiting such acts. ITA implemented a cost recovery program to support the operation of the EU–U.S. Privacy Shield and is revising that fee schedule to additionally support the operation of the Swiss–U.S. Privacy Shield. The fee a given organization will be charged will be based on the organization’s annual revenue. A separate fee will be applied annually to organizations that withdraw from the Privacy Shield and continue to maintain data received while they participated in the Privacy Shield. The cost recovery program will support the administration and supervision of the Privacy Shield program and support the provision of Privacy Shield-related services, including education and outreach. The Cost Recovery Fee Schedule for the EU–U.S. Privacy Shield Framework, E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices published September 30, 2016 (81 FR 67293), describes the fees implemented by ITA to cover the administration and supervision of the EU–U.S. Privacy Shield Framework. Under this revision to the fee structure, organizations that join only one Privacy Shield Framework, whether EU or Swiss, will pay the same single fee when initially self-certifying or re-certifying. Organizations that join both Frameworks will pay an additional 50 percent of that single fee when selfcertifying or re-certifying for the second Framework, reflecting the efficiency savings in administering the Program for organizations that participate in both Frameworks. These efficiency savings are maximized if organizations self-certify to both Frameworks simultaneously, reducing the required staff time and resources for reviewing materials. Accordingly, organizations that join both Frameworks will be required to synchronize recertification between the EU–U.S. and Swiss–U.S. Privacy Shield Frameworks by renewing their certifications to both Frameworks simultaneously. In addition, in order to allow organizations to set their own annual schedules, organizations that participate in one or both Frameworks may adjust their annual recertification date by recertifying early to one or both Frameworks. For example, organizations that already have joined the EU Framework and wish to join the Swiss Framework as well will have three options for timing the synchronized recertification. Such organizations may (a) self-certify to the Swiss Framework before the EU renewal comes due and re-certify early to the EU Framework at the same time; (b) wait until their certification to the EU Framework is up for renewal and self-certify to the Swiss Framework at the same time as they renew their certification to the EU Framework; or (c) self-certify to the Swiss Framework separately (without waiting for their recertification to the EU Framework to come due), and then re-certify to both Frameworks when their recertification to the EU Framework comes due. Finally, a fixed annual fee of $200 will be charged for organizations that withdraw from the Privacy Shield and maintain data received under Privacy Shield. This fee has been set to cover staff costs for reviewing the questionnaires of organizations withdrawing from the program, as well as the necessary Web site infrastructure to facilitate submission of the proper documents. Additionally, this fee is set to be less than any organization would VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 be required to pay for recertification. These fees are set forth below: REVISED ANNUAL FEE SCHEDULE FOR THE EU–U.S. AND SWISS–U.S. PRIVACY SHIELD FRAMEWORKS Organization’s annual revenue $0 to $5 million ................ Over $5 million to $25 million ........................... Over $25 million to $500 million ........................... Over $500 million to $5 billion ............................ Over $5 billion ................. Both frameworks Single framework $250 $375 650 975 1,000 1,500 2,500 3,250 3,750 4,875 Annual Fee for Retaining Data after Withdrawal: $200. Organizations will have additional direct costs associated with participating in the Privacy Shield. For example, Privacy Shield organizations must provide a readily available independent recourse mechanism to hear individual complaints at no cost to the individual. Furthermore, organizations will be required to pay contributions in connection with the arbitral model, as described in Annex I to the Principles. Method for Determining Fees ITA collects, retains, and expends user fees pursuant to delegated authority under the Mutual Educational and Cultural Exchange Act as authorized in its annual appropriations acts. The Privacy Shield was developed to provide organizations in the United States with a reliable mechanism for personal data transfers that underpin the trade and investment relationships between the United States and (1) the EU, and (2) Switzerland. As one of only several valid data transfer mechanisms, Privacy Shield operates in a way that provides strong consumer protection as well as a more effective and efficient service to corporations at a lower cost than other options, including standard contractual clauses or binding corporate rules. Fees are set taking into account the operational costs borne by ITA to administer and supervise the Privacy Shield program. As described in the Cost Recovery Fee Schedule for the EU– U.S. Privacy Shield Framework, published September 30, 2016 (81 FR 267293), the Privacy Shield program requires a significant commitment of resources and staff. These costs include broad programmatic costs to run the Privacy Shield as well as costs specific to each of the Privacy Shield Frameworks and to the program that allows Participants to retain data after PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 16377 withdrawal from Privacy Shield. The Privacy Shield includes commitments from ITA to: • Maintain, upgrade, and update a Privacy Shield Web site; • verify self-certification requirements submitted by organizations to participate in the Privacy Shield; • expand efforts to follow up with organizations that have been removed from the Privacy Shield List and ensure, where applicable, that questionnaires are correctly filed and processed; • search for and address false claims of participation; • conduct periodic compliance reviews and assessments of the program; • provide information regarding the program to targeted audiences; • increase cooperation with EU and Swiss data protection authorities; • facilitate resolution of complaints about non-compliance; • hold annual meetings with the European Commission, Swiss government, and other authorities to review the program; and • provide an update of laws relevant to Privacy Shield. In setting these revised Privacy Shield fees, ITA determined that the services provided offer special benefits to an identifiable recipient beyond those that accrue to the general public. ITA calculated the actual cost of providing its services in order to provide a basis for setting each fee. This actual cost incorporates direct and indirect costs, including operations and maintenance, overhead, and charges for the use of capital facilities. ITA also took into account additional factors, including adequacy of cost recovery, affordability, and costs associated with alternative options available to U.S. organizations for the receipt of personal data from the EU and Switzerland. Furthermore, ITA considered the cost-savings and efficiencies gained in staff hours through simultaneous review of selfcertifications for both the Swiss–U.S. and EU–U.S. Privacy Shield Frameworks. This analysis balanced these cost savings with projected expenses, including, but not limited to, Web site development, further negotiations with the EU and Switzerland, an annual review, certification review, and facilitating complaint resolutions. ITA will continue to use the established five-tiered fee schedule (81 FR 267293) that has promoted participation of small organizations in Privacy Shield, while implementing a reduced rate for organizations selfcertifying to both the Swiss–U.S. and EU–U.S. Privacy Shield Frameworks. A E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 16378 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices multiple-tiered fee schedule allows ITA to offer organizations with lower revenue a lower fee. In setting the five tiers, ITA considered, in conjunction with the factors mentioned above: (1) The Small Business Administration’s guidance on identifying small and medium enterprises (SMEs) in various industries most likely to participate in the Privacy Shield, such as computer services, software and information services; (2) the likelihood that small companies would be expected to receive less personal data and thereby use fewer government resources; and (3) the likelihood that companies with higher revenue would have more customers whose data they process, which would use more government resources dedicated to administering and overseeing Privacy Shield. For example, if a company holds more data it could reasonably produce more questions and complaints from consumers and EU and Swiss Data Protection Authorities (DPAs). ITA has committed to facilitating the resolution of individual complaints and to communicating with the FTC and the DPAs regarding consumer complaints. Lastly, the fee increases between the tiers are based in part on projected program costs and estimated participation levels among companies within each tier. As noted above, the revised fee schedule recoups the costs to ITA for operating and maintaining Privacy Shield. Organizations seeking to join the Swiss–U.S. Privacy Shield Framework may do so beginning on April 12, 2017, through Privacyshield.gov. ITA has taken into account efficiencies and economies of scale experienced when organizations participate in both Frameworks by providing a 50 percent discount off the second Framework and requiring organizations to synchronize their recertifications. The added cost of joining a second Framework reflects the additional expenses incurred, including, but not limited to, for communications with DPAs and Web site infrastructure and development, as well as the additional costs of cooperating and communicating separately with the EU and Swiss representatives and governments. The fee applied to organizations that withdraw from Privacy Shield but maintain data is meant to cover the programmatic costs associated with ITA’s processing of such organizations’ annual affirmation of commitment to continue to apply the Privacy Shield Framework Principles to the personal information they received while participating in the Privacy Shield. The flat fee is based on the expectation that government resources required to VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 process this annual affirmation will be similar for all companies, regardless of size. Conclusion Based on the information provided above, ITA believes that the revised Privacy Shield cost recovery fees are consistent with the objective of OMB Circular A–25 to ‘‘promote efficient allocation of the nation’s resources by establishing charges for special benefits provided to the recipient that are at least as great as the cost to the U.S. Government of providing the special benefits . . .’’ OMB Circular A–25(5)(b). ITA is providing the public with the opportunity to comment on the fee schedule, and it will consider these comments when it next reassesses the fee schedule. As noted in the Cost Recovery Fee Schedule for the EU–U.S. Privacy Shield Framework, published September 30, 2016 (81 FR 267293), ITA will conduct its next fee reassessment after August 1, 2017, at the conclusion of the first year of implementation of the Privacy Shield. ITA will continue to conduct reassessments thereafter at least every two years, in accordance with OMB Circular A–25. Dated: March 28, 2017. Alysha Taylor, Acting Deputy Assistant Secretary for Services, Industry & Analysis, International Trade Administration, U.S. Department of Commerce. [FR Doc. 2017–06437 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–423–812] Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium: Final Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from Belgium is being, or is likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances exist with respect to imports of the subject merchandise. The period of investigation (POI) is April 1, 2015, through March 31, 2016. The final dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. AGENCY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Andrew Medley or David Crespo, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4987 and (202) 482–3693, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Belgium.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 Scope of the Investigation The scope of the investigation covers CTL plate from Belgium. For a complete description of the scope of the investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and it is available to all parties in the Central Records Unit, room B–8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. 1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Belgium: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79431 (November 14, 2016) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Carbon and Alloy Steel Cutto-Length Plate from Belgium,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16375-16378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06437]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 170301219-7219-01]
RIN 0625-XC029


Amendment to the Privacy Shield Cost Recovery Fees

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice of amendment to the Privacy Shield cost recovery program 
fees, with request for comments.

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

SUMMARY: Consistent with the guidelines in OMB Circular A-25, the U.S. 
Department of Commerce's International Trade Administration (ITA) is 
revising the fee schedule implemented on August 1, 2016. On January 12, 
2017, the Swiss Government announced the approval of the Swiss-U.S. 
Privacy Shield Framework as a valid legal mechanism to comply with 
Swiss requirements when transferring personal data from Switzerland to 
the United States. For more detailed information on the Swiss-U.S. 
Privacy Shield Framework and the announcement, please see https://www.privacyshield.gov/Program-Overview.
    This notice revises the Privacy Shield fee structure to incorporate 
the Swiss-U.S. Privacy Shield Framework in addition to the existing EU-
U.S. Privacy Shield Framework. This is to support the operation of both 
the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (Privacy Shield).

DATES: These fees are effective April 12, 2017. Comments must be 
received by May 4, 2017.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: www.Regulations.gov. The 
identification number is ITA-2017-0001.
     Postal Mail/Commercial Delivery to Joshua Blume, 
Department of Commerce, International Trade

[[Page 16376]]

Administration, Room 11022, 1401 Constitution Avenue NW., Washington, 
DC and reference ``Privacy Shield Fee Structure, ITA-2017-0001'' in the 
subject line.
    Instructions: You must submit comments by one of the above methods 
to ensure that the comments are received and considered. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period, may not be considered. All 
comments received are a part of the public record and will generally be 
posted to http://www.regulations.gov without change. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information. ITA will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only. Supporting documents and any comments we receive 
on this docket may be viewed at http://www.regulations.gov/ ITA-2017-
0001.
    More information regarding the Privacy Shield can be found at 
https://www.privacyshield.gov/Program-Overview.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
regarding the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks should 
be directed to Joshua Blume, Department of Commerce, International 
Trade Administration, Room 11022, 1401 Constitution Avenue NW., 
Washington, DC, tel. 202-482-0988 or 202-482-1512 or via email at 
privacyshield@trade.gov. Additional information on ITA fees is 
available at trade.gov/fees.

SUPPLEMENTARY INFORMATION: 

Background:

    In the revised fee structure, there will be one annual fee applied 
to U.S. organizations to participate in either the Swiss-U.S. or EU-
U.S. Privacy Shield Frameworks. Should a U.S. organization opt to self-
certify for both programs, they will be provided a reduced rate for the 
second Framework and be required to synchronize their recertifications 
to both Frameworks to maximize efficiency. Additionally, a fee will be 
applied annually to organizations that withdraw from the Privacy Shield 
and continue to maintain data received while they participated in the 
Privacy Shield. The cost recovery program will support the 
administration and supervision of the Privacy Shield and support 
Privacy Shield services including education and outreach. The revised 
Privacy Shield fee structure will become effective on April 12, 2017, 
when ITA will begin accepting certifications to the Swiss-U.S. Privacy 
Shield.
    While the revised fees will be effective April 12, 2017, ITA is 
providing the public with the opportunity to comment on these revised 
fees. ITA will then review all comments and reassess the Privacy Shield 
fees after August 1, 2017, a full year from initial implementation of 
Privacy Shield, as originally discussed in the Cost Recovery Fee 
Schedule for the EU-U.S. Privacy Shield Framework, published September 
30, 2016. The review will recur at least every two years thereafter, in 
accordance with OMB Circular A-25.
    Consistent with the guidelines in OMB Circular A-25, federal 
agencies are responsible for implementing cost recovery program fees. 
The role of ITA is to strengthen the competitiveness of U.S. industry, 
promote trade and investment, and ensure fair trade through the 
rigorous enforcement of our trade laws and agreements. ITA works to 
promote privacy policy frameworks to facilitate the flow of data across 
borders and support international trade.
    The United States, the European Union (EU), and Switzerland share 
the goal of enhancing privacy protection but take different approaches 
to protecting personal data. Given those differences, the Department of 
Commerce (DOC) developed the Privacy Shield Frameworks in consultation 
with the European Commission, the Swiss Government, and with industry 
and other stakeholders, to provide organizations in the United States 
with a reliable mechanism for personal data transfers to the United 
States from the European Union and Switzerland while ensuring the data 
is protected in a manner consistent with EU and Swiss law.
    As referenced in the Cost Recovery Fee Schedule for the EU-U.S. 
Privacy Shield Framework, published September 30, 2016 (81 FR 67293), 
the European Commission approved the EU-U.S. Privacy Shield Framework 
on July 12, 2016. More recently, on January 12, 2017, the Swiss 
government approved the Swiss-U.S. Privacy Shield Framework, which is 
based on the EU-U.S. Privacy Shield. The published Privacy Shield is 
available at https://www.privacyshield.gov/. The DOC has issued the 
Privacy Shield Framework Principles under its statutory authority to 
foster, promote, and develop international commerce (15 U.S.C. 1512).
    ITA administers and supervises the EU-U.S. Privacy Shield 
Framework, including by maintaining and making publicly available an 
authoritative list of U.S. organizations that have self-certified to 
the DOC. U.S. organizations submit information to ITA to self-certify 
their compliance with Privacy Shield. ITA similarly will administer and 
supervise the Swiss-U.S. Privacy Shield Framework. ITA will accept 
self-certification submissions for the Swiss-U.S. Privacy Shield 
beginning on April 12, 2017. Consistent with the Paperwork Reduction 
Act, ITA published proposed information collections as described in the 
EU-U.S. and Swiss-U.S. Privacy Shield Frameworks for public notice and 
comment (81 FR 78775 and 82 FR 7796; and 82 FR 6492, respectively).
    U.S. organizations considering self-certifying to the Privacy 
Shield should review the Privacy Shield Frameworks. In summary, to 
enter either the EU or Swiss-U.S. Privacy Shield Framework, an 
organization must (a) be subject to the investigatory and enforcement 
powers of the Federal Trade Commission (FTC) or the Department of 
Transportation; (b) publicly declare its commitment to comply with the 
Privacy Shield Framework Principles through self-certification to the 
DOC; (c) publicly disclose its privacy policies in line with the 
Privacy Shield Framework Principles; and (d) fully implement them.
    Self-certification to the DOC is voluntary. However, an 
organization's failure to comply with the Privacy Shield Framework 
Principles after its self-certification is enforceable under Section 5 
of the Federal Trade Commission Act prohibiting unfair and deceptive 
acts in or affecting commerce (15 U.S.C. 45(a)) or other laws or 
regulations prohibiting such acts.
    ITA implemented a cost recovery program to support the operation of 
the EU-U.S. Privacy Shield and is revising that fee schedule to 
additionally support the operation of the Swiss-U.S. Privacy Shield. 
The fee a given organization will be charged will be based on the 
organization's annual revenue. A separate fee will be applied annually 
to organizations that withdraw from the Privacy Shield and continue to 
maintain data received while they participated in the Privacy Shield. 
The cost recovery program will support the administration and 
supervision of the Privacy Shield program and support the provision of 
Privacy Shield-related services, including education and outreach.
    The Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield 
Framework,

[[Page 16377]]

published September 30, 2016 (81 FR 67293), describes the fees 
implemented by ITA to cover the administration and supervision of the 
EU-U.S. Privacy Shield Framework. Under this revision to the fee 
structure, organizations that join only one Privacy Shield Framework, 
whether EU or Swiss, will pay the same single fee when initially self-
certifying or re-certifying. Organizations that join both Frameworks 
will pay an additional 50 percent of that single fee when self-
certifying or re-certifying for the second Framework, reflecting the 
efficiency savings in administering the Program for organizations that 
participate in both Frameworks.
    These efficiency savings are maximized if organizations self-
certify to both Frameworks simultaneously, reducing the required staff 
time and resources for reviewing materials. Accordingly, organizations 
that join both Frameworks will be required to synchronize 
recertification between the EU-U.S. and Swiss-U.S. Privacy Shield 
Frameworks by renewing their certifications to both Frameworks 
simultaneously.
    In addition, in order to allow organizations to set their own 
annual schedules, organizations that participate in one or both 
Frameworks may adjust their annual recertification date by re-
certifying early to one or both Frameworks.
    For example, organizations that already have joined the EU 
Framework and wish to join the Swiss Framework as well will have three 
options for timing the synchronized recertification. Such organizations 
may (a) self-certify to the Swiss Framework before the EU renewal comes 
due and re-certify early to the EU Framework at the same time; (b) wait 
until their certification to the EU Framework is up for renewal and 
self-certify to the Swiss Framework at the same time as they renew 
their certification to the EU Framework; or (c) self-certify to the 
Swiss Framework separately (without waiting for their recertification 
to the EU Framework to come due), and then re-certify to both 
Frameworks when their recertification to the EU Framework comes due.
    Finally, a fixed annual fee of $200 will be charged for 
organizations that withdraw from the Privacy Shield and maintain data 
received under Privacy Shield. This fee has been set to cover staff 
costs for reviewing the questionnaires of organizations withdrawing 
from the program, as well as the necessary Web site infrastructure to 
facilitate submission of the proper documents. Additionally, this fee 
is set to be less than any organization would be required to pay for 
recertification. These fees are set forth below:

   Revised Annual Fee Schedule for the EU-U.S. and Swiss-U.S. Privacy
                            Shield Frameworks
------------------------------------------------------------------------
                                                    Single       Both
          Organization's annual revenue            framework  frameworks
------------------------------------------------------------------------
$0 to $5 million................................        $250        $375
Over $5 million to $25 million..................         650         975
Over $25 million to $500 million................       1,000       1,500
Over $500 million to $5 billion.................       2,500       3,750
Over $5 billion.................................       3,250       4,875
------------------------------------------------------------------------

    Annual Fee for Retaining Data after Withdrawal: $200.
    Organizations will have additional direct costs associated with 
participating in the Privacy Shield. For example, Privacy Shield 
organizations must provide a readily available independent recourse 
mechanism to hear individual complaints at no cost to the individual. 
Furthermore, organizations will be required to pay contributions in 
connection with the arbitral model, as described in Annex I to the 
Principles.

Method for Determining Fees

    ITA collects, retains, and expends user fees pursuant to delegated 
authority under the Mutual Educational and Cultural Exchange Act as 
authorized in its annual appropriations acts. The Privacy Shield was 
developed to provide organizations in the United States with a reliable 
mechanism for personal data transfers that underpin the trade and 
investment relationships between the United States and (1) the EU, and 
(2) Switzerland. As one of only several valid data transfer mechanisms, 
Privacy Shield operates in a way that provides strong consumer 
protection as well as a more effective and efficient service to 
corporations at a lower cost than other options, including standard 
contractual clauses or binding corporate rules.
    Fees are set taking into account the operational costs borne by ITA 
to administer and supervise the Privacy Shield program. As described in 
the Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield 
Framework, published September 30, 2016 (81 FR 267293), the Privacy 
Shield program requires a significant commitment of resources and 
staff. These costs include broad programmatic costs to run the Privacy 
Shield as well as costs specific to each of the Privacy Shield 
Frameworks and to the program that allows Participants to retain data 
after withdrawal from Privacy Shield. The Privacy Shield includes 
commitments from ITA to:
     Maintain, upgrade, and update a Privacy Shield Web site;
     verify self-certification requirements submitted by 
organizations to participate in the Privacy Shield;
     expand efforts to follow up with organizations that have 
been removed from the Privacy Shield List and ensure, where applicable, 
that questionnaires are correctly filed and processed;
     search for and address false claims of participation;
     conduct periodic compliance reviews and assessments of the 
program;
     provide information regarding the program to targeted 
audiences;
     increase cooperation with EU and Swiss data protection 
authorities;
     facilitate resolution of complaints about non-compliance;
     hold annual meetings with the European Commission, Swiss 
government, and other authorities to review the program; and
     provide an update of laws relevant to Privacy Shield.
    In setting these revised Privacy Shield fees, ITA determined that 
the services provided offer special benefits to an identifiable 
recipient beyond those that accrue to the general public. ITA 
calculated the actual cost of providing its services in order to 
provide a basis for setting each fee. This actual cost incorporates 
direct and indirect costs, including operations and maintenance, 
overhead, and charges for the use of capital facilities. ITA also took 
into account additional factors, including adequacy of cost recovery, 
affordability, and costs associated with alternative options available 
to U.S. organizations for the receipt of personal data from the EU and 
Switzerland. Furthermore, ITA considered the cost-savings and 
efficiencies gained in staff hours through simultaneous review of self-
certifications for both the Swiss-U.S. and EU-U.S. Privacy Shield 
Frameworks. This analysis balanced these cost savings with projected 
expenses, including, but not limited to, Web site development, further 
negotiations with the EU and Switzerland, an annual review, 
certification review, and facilitating complaint resolutions.
    ITA will continue to use the established five-tiered fee schedule 
(81 FR 267293) that has promoted participation of small organizations 
in Privacy Shield, while implementing a reduced rate for organizations 
self-certifying to both the Swiss-U.S. and EU-U.S. Privacy Shield 
Frameworks. A

[[Page 16378]]

multiple-tiered fee schedule allows ITA to offer organizations with 
lower revenue a lower fee. In setting the five tiers, ITA considered, 
in conjunction with the factors mentioned above: (1) The Small Business 
Administration's guidance on identifying small and medium enterprises 
(SMEs) in various industries most likely to participate in the Privacy 
Shield, such as computer services, software and information services; 
(2) the likelihood that small companies would be expected to receive 
less personal data and thereby use fewer government resources; and (3) 
the likelihood that companies with higher revenue would have more 
customers whose data they process, which would use more government 
resources dedicated to administering and overseeing Privacy Shield. For 
example, if a company holds more data it could reasonably produce more 
questions and complaints from consumers and EU and Swiss Data 
Protection Authorities (DPAs). ITA has committed to facilitating the 
resolution of individual complaints and to communicating with the FTC 
and the DPAs regarding consumer complaints. Lastly, the fee increases 
between the tiers are based in part on projected program costs and 
estimated participation levels among companies within each tier.
    As noted above, the revised fee schedule recoups the costs to ITA 
for operating and maintaining Privacy Shield. Organizations seeking to 
join the Swiss-U.S. Privacy Shield Framework may do so beginning on 
April 12, 2017, through Privacyshield.gov. ITA has taken into account 
efficiencies and economies of scale experienced when organizations 
participate in both Frameworks by providing a 50 percent discount off 
the second Framework and requiring organizations to synchronize their 
recertifications. The added cost of joining a second Framework reflects 
the additional expenses incurred, including, but not limited to, for 
communications with DPAs and Web site infrastructure and development, 
as well as the additional costs of cooperating and communicating 
separately with the EU and Swiss representatives and governments.
    The fee applied to organizations that withdraw from Privacy Shield 
but maintain data is meant to cover the programmatic costs associated 
with ITA's processing of such organizations' annual affirmation of 
commitment to continue to apply the Privacy Shield Framework Principles 
to the personal information they received while participating in the 
Privacy Shield. The flat fee is based on the expectation that 
government resources required to process this annual affirmation will 
be similar for all companies, regardless of size.

Conclusion

    Based on the information provided above, ITA believes that the 
revised Privacy Shield cost recovery fees are consistent with the 
objective of OMB Circular A-25 to ``promote efficient allocation of the 
nation's resources by establishing charges for special benefits 
provided to the recipient that are at least as great as the cost to the 
U.S. Government of providing the special benefits . . .'' OMB Circular 
A-25(5)(b). ITA is providing the public with the opportunity to comment 
on the fee schedule, and it will consider these comments when it next 
reassesses the fee schedule. As noted in the Cost Recovery Fee Schedule 
for the EU-U.S. Privacy Shield Framework, published September 30, 2016 
(81 FR 267293), ITA will conduct its next fee reassessment after August 
1, 2017, at the conclusion of the first year of implementation of the 
Privacy Shield. ITA will continue to conduct reassessments thereafter 
at least every two years, in accordance with OMB Circular A-25.

    Dated: March 28, 2017.
Alysha Taylor,
Acting Deputy Assistant Secretary for Services, Industry & Analysis, 
International Trade Administration, U.S. Department of Commerce.
[FR Doc. 2017-06437 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DR-P