Review of Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute, 38488-38530 [2020-13824]

Download as PDF 38488 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices [FR Doc. 2020–13805 Filed 6–25–20; 8:45 am] BILLING CODE 3290–F8–C OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2020–0023] Review of Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute Office of the United States Trade Representative. ACTION: Request for comments. AGENCY: The U.S. Trade Representative is conducting a review of the action being taken in the Section 301 investigation involving the enforcement of U.S. World Trade Organization (WTO) rights in the Large Civil Aircraft dispute. In connection with this review, the U.S. Trade Representative is considering modifying the list of products of certain current or former European Union (EU) member States that currently are subject to additional duties. Annex I to this notice contains the list of products currently subject to additional duties. Annex II contains a list of products, originally published in the April and July 2019 notices in this investigation, under consideration but not currently subject to additional duties. Annex III contains a new list of products being considered for imposition of additional duties. The Office of the United States Trade Representative (USTR) requests comments with respect to whether products listed in Annex I should be removed from the list or remain on the list; whether the rate of additional duty on specific products should be increased, up to a level of 100 percent; whether additional duties should be imposed on specific products listed in Annex II or Annex III; and on the rate of additional duty of up to 100 percent to be applied to any products drawn from Annex II or Annex III. On June 26, 2020, USTR is opening an electronic portal for submission of comments regarding the review of the action. DATES: June 26, 2020: The docket entitled ‘‘Comments Concerning the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute’’ will open on USTR’s comment portal: https:// comments.ustr.gov/s/. July 26, 2020: To be assured of consideration, you must submit comments by this date. ADDRESSES: You must submit comments through the online comment portal: https://comments.ustr.gov/s/. Follow jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 the instructions for submitting comments in section D below. For issues with on-line submissions, please contact the USTR Section 301 line at (202) 395–5725. FOR FURTHER INFORMATION CONTACT: For questions about the investigation, contact Associate General Counsel Megan Grimball at (202) 395–5725, or Director for Europe Michael Rogers at (202) 395–3320. For questions on customs classification of products identified in the annexes to this notice, contact Traderemedy@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Proceedings in the Investigation For background on the proceedings in this investigation, please see the prior notices issued in the investigation: 84 FR 15028 (April 12, 2019), 84 FR 32248 (July 5, 2019), 84 FR 54245 (October 9, 2019), 84 FR 55998 (October 18, 2019), 84 FR 67992 (December 12, 2019), 85 FR 10204 (February 21, 2020), 85 FR 14517 (March 12, 2020) and, 85 FR 31845 (May 27, 2020). B. Review of the Action in the Investigation The U.S. Trade Representative is conducting a review of the action being taken in the investigation to facilitate a possible modification of the action in accordance with Section 306(b)(2)(B)(i) of the 1974 Trade Act, as amended. USTR invites public comments with respect to the maintenance or imposition of additional duties on the specific products of specific current or former EU member States indicated on the lists in the Annexes to this notice. Annex I lists the specific products of current or former EU member States that currently are subject to additional duties of 15 or 25 percent. See 85 FR 10204. Annex II lists products of current or former EU member States for which additional duties of up to 100 percent previously were proposed, but for which no additional duties currently are imposed in this investigation. See 84 FR 15028 and 84 FR 32248. In addition, the U.S. Trade Representative is considering an additional list of products of France, Germany, Spain, and the United Kingdom that may be included on a final list of products subject to additional ad valorem duties of up to 100 percent. The additional list of products (included in Annex III to this notice) contains 30 tariff subheadings with an approximate value of $3.1 billion in terms of the estimated import trade value for calendar year 2018. If the U.S. Trade Representative determines to modify the action being taken in the PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 investigation, the final list of products subject to additional duties in the action may be drawn from the list of products in Annexes I, II, or III. C. Request for Public Comments With respect to products listed in Annex I, USTR invites comments on whether specific products of current or former EU member States should remain on or be removed from the list, and if a product remains on the list, whether the current rate of additional duty should be increased to as high as 100 percent. With respect to products listed in Annexes II and III, USTR invites comments on whether specific products of specific current or former EU member States should be included on a revised list of products subject to additional duties, and the rate of additional duty (as high as 100 percent) that should be imposed. USTR invites interested persons to address: • Whether maintaining or imposing additional duties on a specific product of one or more current or former EU member States would be appropriate to enforce U.S. WTO rights or to obtain the elimination of the EU’s WTOinconsistent measures, and/or would likely result in the implementation of the Dispute Settlement Body (DSB) recommendations in the Large Civil Aircraft dispute or in achieving a mutually satisfactory solution. • Whether maintaining or imposing additional duties on specific products of one or more current or former EU member States would cause disproportionate economic harm to U.S. interests, including small or mediumsize businesses and consumers. D. Procedures for Submission of Comments You must submit comments regarding review of the action using the electronic portal at https://comments.ustr.gov/s/. As stated above, the docket regarding the review of this action will open on June 26, 2020. On that date, you will be able to view a docket entitled ‘‘Comments Concerning the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute’’ on the portal. A facsimile of the Large Civil Aircraft (LCA) comment form is attached as Annex IV to this notice. You do not need to establish an account to submit comments. Fields with a gray (BCI) notation are for Business Confidential Information and the information entered will not be publicly available. Required fields are marked ‘Required’ and will have a red asterisk (*). Fields with a green (Public) E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES notation will be viewable by the public. Please note that the color-coding of public fields and BCI fields is not visible on the attached facsimile, but will be apparent on the actual LCA Form used on the portal. The first screen of the portal requires you to enter identification and contact information. Third party organizations, such as law firms, trade associations, or customs brokers, should identify the full legal name of the organization they represent, and identify the primary point of contact for the submission. The remaining fields of the form are optional. After entering the identification and contact information, you can complete the remainder of questionnaire, or any portion of it by clicking ‘Next.’ You can provide narrative comments at the second screen of the portal. You can VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 comment on multiple products in a single entry, or submit multiple comments. You will be able to navigate through each screen of the form by clicking ‘Next,’ with or without entering a response to each field on an individual screen or page. Additionally, you will be able to upload documents at the end of the LCA Form and designate whether USTR should treat the documents as business confidential or public information. You will be able to review the public version of your submission before it is posted on the public docket. E. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 and its implementing regulations (PRA), the Office of Management and Budget (OMB) assigned control number 0350– PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 38489 0015, which expires December 31, 2020. As part of this emergency processing request (85 FR 31845), over 100 comments were submitted. OMB reviewed the comments and USTR made changes to the LCA Form in response to the comments that are intended to make the LCA Form easier to navigate and complete. The changes include the ability to provide narrative comments at the beginning of the form, and the designation of fields as ‘‘optional’’ or ‘‘required.’’ You can view the PRA comments here: https:// www.reginfo.gov/public/do/ PRAViewDocument?ref_nbr=2020050350-001. Joseph Barloon. General Counsel, Office of the United States Trade Representative. 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Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 EN26JN20.131</GPH> jbell on DSKJLSW7X2PROD with NOTICES 38522 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00168 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 38523 EN26JN20.132</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00169 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 EN26JN20.133</GPH> jbell on DSKJLSW7X2PROD with NOTICES 38524 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00170 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 38525 EN26JN20.134</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 EN26JN20.135</GPH> jbell on DSKJLSW7X2PROD with NOTICES 38526 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00172 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 38527 EN26JN20.136</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00173 Fmt 4703 Sfmt 4725 E:\FR\FM\26JNN1.SGM 26JNN1 EN26JN20.137</GPH> jbell on DSKJLSW7X2PROD with NOTICES 38528 VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00174 Fmt 4703 Sfmt 9990 E:\FR\FM\26JNN1.SGM 26JNN1 38529 EN26JN20.138</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices 38530 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices BILLING CODE 3290–F8–C DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans). AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, San Diego Freeway (I–405) Improvement Project from State Route (SR) 73 to Interstate 605 (I–605) in Orange County, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before November 23, 2020. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: Smita Deshpande, Branch Chief, California Department of Transportation District 12, Division of Environmental Analysis, 1750 East 4th Street, Santa Ana, California 92705, during normal business hours from 8:00 a.m. to 5:00 p.m., Telephone number (657) 328–6151, email: smita.deshpande@dot.ca.gov. For FHWA, contact David Tedrick at (916) 498–5024 or email david.tedrick@ dot.gov. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 Effective July 1, 2007, FHWA assigned, and the Caltrans assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals or by reviewing previously-issued approvals for the following highway project in the State of California: Interstate 405 Improvements Project (‘‘project’’). The project will improve 16 miles of I–405 between the SR–73 freeway and I–605 by adding one general purpose lane in each direction between Euclid Street and I–605 and one tolled Express Lane in each direction between SR–73 and SR–22, to be managed jointly with the existing HOV Lane as tolled Express Facility with two lanes in each direction. A reevaluation (23 CFR 771.129, and also known as a revalidation) was performed and approved on April 9, 2020. The conclusion of the re-evaluation was the Final Environmental Impact Statement and the Record of Decision for the project, issued on March 26, 2015 and May 15, 2020, respectively, remain valid and no Supplemental Environmental Impact Statement was warranted. The re-evaluation reviewed minor changes to the planned drainage system and associated features proximate to the Northbound I–405 off-ramp to Eastbound SR–22/Valley View in the City of Westminster, California. The preexisting drainage system, which is a Caltrans facility entirely within the Caltrans right of way, was a road-side ditch or trapezoidal drainage channel adjacent to the right of way that ran parallel to the freeway and eventually drained into the Bolsa Chica Channel. The project design changes involve modifications to increase the capacity of water flowing from the adjacent watershed into Drainage System 828. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the re-evaluation approved on April 9, 2020. The re- SUPPLEMENTARY INFORMATION: [FR Doc. 2020–13824 Filed 6–25–20; 8:45 am] PO 00000 Frm 00175 Fmt 4703 Sfmt 9990 evaluation is available at the addresses provided above. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) (42 U.S.C. 4321– 4351) 2. Air: Clean Air Act (42 U.S.C. 7401– 7671(q)) 3. Wildlife: Migratory Bird Treaty Act (16 U.S.C. 703–712); Federal Endangered Species Act of 1973 (16 U.S.C. 1531–1543) 4. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470(f) et seq.); 5. Wetland and Water Resources: Clean Water Act (33 U.S.C. 1251–1377) (Section 404, Section 401, Section 319); 6. Land: Department of Transportation Act of 1966, (49 U.S.C. 303) (Section 4(f)) 7. Executive Orders: E.O. 11990— Protection of Wetlands; E.O. 11988—Floodplain Management; E.O. 12898—Federal Actions to Address Environmental Justice in Minority and Low Income Populations; E.O. 11593— Protection and Enhancement of Cultural Resources; E.O. 13112— Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: June 18, 2020. Rodney Whitfield, Director, Financial Services, Federal Highway Administration, California Division. [FR Doc. 2020–13851 Filed 6–25–20; 8:45 am] BILLING CODE 4910–RY–P E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38488-38530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13824]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2020-0023]


Review of Action: Enforcement of U.S. WTO Rights in Large Civil 
Aircraft Dispute

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments.

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SUMMARY: The U.S. Trade Representative is conducting a review of the 
action being taken in the Section 301 investigation involving the 
enforcement of U.S. World Trade Organization (WTO) rights in the Large 
Civil Aircraft dispute. In connection with this review, the U.S. Trade 
Representative is considering modifying the list of products of certain 
current or former European Union (EU) member States that currently are 
subject to additional duties. Annex I to this notice contains the list 
of products currently subject to additional duties. Annex II contains a 
list of products, originally published in the April and July 2019 
notices in this investigation, under consideration but not currently 
subject to additional duties. Annex III contains a new list of products 
being considered for imposition of additional duties. The Office of the 
United States Trade Representative (USTR) requests comments with 
respect to whether products listed in Annex I should be removed from 
the list or remain on the list; whether the rate of additional duty on 
specific products should be increased, up to a level of 100 percent; 
whether additional duties should be imposed on specific products listed 
in Annex II or Annex III; and on the rate of additional duty of up to 
100 percent to be applied to any products drawn from Annex II or Annex 
III. On June 26, 2020, USTR is opening an electronic portal for 
submission of comments regarding the review of the action.

DATES: 
    June 26, 2020: The docket entitled ``Comments Concerning the 
Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute'' will 
open on USTR's comment portal: https://comments.ustr.gov/s/.
    July 26, 2020: To be assured of consideration, you must submit 
comments by this date.

ADDRESSES: You must submit comments through the online comment portal: 
https://comments.ustr.gov/s/. Follow the instructions for submitting 
comments in section D below. For issues with on-line submissions, 
please contact the USTR Section 301 line at (202) 395-5725.

FOR FURTHER INFORMATION CONTACT: For questions about the investigation, 
contact Associate General Counsel Megan Grimball at (202) 395-5725, or 
Director for Europe Michael Rogers at (202) 395-3320. For questions on 
customs classification of products identified in the annexes to this 
notice, contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Proceedings in the Investigation

    For background on the proceedings in this investigation, please see 
the prior notices issued in the investigation: 84 FR 15028 (April 12, 
2019), 84 FR 32248 (July 5, 2019), 84 FR 54245 (October 9, 2019), 84 FR 
55998 (October 18, 2019), 84 FR 67992 (December 12, 2019), 85 FR 10204 
(February 21, 2020), 85 FR 14517 (March 12, 2020) and, 85 FR 31845 (May 
27, 2020).

B. Review of the Action in the Investigation

    The U.S. Trade Representative is conducting a review of the action 
being taken in the investigation to facilitate a possible modification 
of the action in accordance with Section 306(b)(2)(B)(i) of the 1974 
Trade Act, as amended. USTR invites public comments with respect to the 
maintenance or imposition of additional duties on the specific products 
of specific current or former EU member States indicated on the lists 
in the Annexes to this notice. Annex I lists the specific products of 
current or former EU member States that currently are subject to 
additional duties of 15 or 25 percent. See 85 FR 10204. Annex II lists 
products of current or former EU member States for which additional 
duties of up to 100 percent previously were proposed, but for which no 
additional duties currently are imposed in this investigation. See 84 
FR 15028 and 84 FR 32248.
    In addition, the U.S. Trade Representative is considering an 
additional list of products of France, Germany, Spain, and the United 
Kingdom that may be included on a final list of products subject to 
additional ad valorem duties of up to 100 percent. The additional list 
of products (included in Annex III to this notice) contains 30 tariff 
subheadings with an approximate value of $3.1 billion in terms of the 
estimated import trade value for calendar year 2018. If the U.S. Trade 
Representative determines to modify the action being taken in the 
investigation, the final list of products subject to additional duties 
in the action may be drawn from the list of products in Annexes I, II, 
or III.

C. Request for Public Comments

    With respect to products listed in Annex I, USTR invites comments 
on whether specific products of current or former EU member States 
should remain on or be removed from the list, and if a product remains 
on the list, whether the current rate of additional duty should be 
increased to as high as 100 percent.
    With respect to products listed in Annexes II and III, USTR invites 
comments on whether specific products of specific current or former EU 
member States should be included on a revised list of products subject 
to additional duties, and the rate of additional duty (as high as 100 
percent) that should be imposed.
    USTR invites interested persons to address:
     Whether maintaining or imposing additional duties on a 
specific product of one or more current or former EU member States 
would be appropriate to enforce U.S. WTO rights or to obtain the 
elimination of the EU's WTO-inconsistent measures, and/or would likely 
result in the implementation of the Dispute Settlement Body (DSB) 
recommendations in the Large Civil Aircraft dispute or in achieving a 
mutually satisfactory solution.
     Whether maintaining or imposing additional duties on 
specific products of one or more current or former EU member States 
would cause disproportionate economic harm to U.S. interests, including 
small or medium-size businesses and consumers.

D. Procedures for Submission of Comments

    You must submit comments regarding review of the action using the 
electronic portal at https://comments.ustr.gov/s/. As stated above, the 
docket regarding the review of this action will open on June 26, 2020. 
On that date, you will be able to view a docket entitled ``Comments 
Concerning the Enforcement of U.S. WTO Rights in Large Civil Aircraft 
Dispute'' on the portal. A facsimile of the Large Civil Aircraft (LCA) 
comment form is attached as Annex IV to this notice.
    You do not need to establish an account to submit comments. Fields 
with a gray (BCI) notation are for Business Confidential Information 
and the information entered will not be publicly available. Required 
fields are marked `Required' and will have a red asterisk (*). Fields 
with a green (Public)

[[Page 38489]]

notation will be viewable by the public. Please note that the color-
coding of public fields and BCI fields is not visible on the attached 
facsimile, but will be apparent on the actual LCA Form used on the 
portal.
    The first screen of the portal requires you to enter identification 
and contact information. Third party organizations, such as law firms, 
trade associations, or customs brokers, should identify the full legal 
name of the organization they represent, and identify the primary point 
of contact for the submission. The remaining fields of the form are 
optional.
    After entering the identification and contact information, you can 
complete the remainder of questionnaire, or any portion of it by 
clicking `Next.' You can provide narrative comments at the second 
screen of the portal. You can comment on multiple products in a single 
entry, or submit multiple comments. You will be able to navigate 
through each screen of the form by clicking `Next,' with or without 
entering a response to each field on an individual screen or page. 
Additionally, you will be able to upload documents at the end of the 
LCA Form and designate whether USTR should treat the documents as 
business confidential or public information. You will be able to review 
the public version of your submission before it is posted on the public 
docket.

E. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995 and its implementing regulations (PRA), the Office of 
Management and Budget (OMB) assigned control number 0350-0015, which 
expires December 31, 2020. As part of this emergency processing request 
(85 FR 31845), over 100 comments were submitted. OMB reviewed the 
comments and USTR made changes to the LCA Form in response to the 
comments that are intended to make the LCA Form easier to navigate and 
complete. The changes include the ability to provide narrative comments 
at the beginning of the form, and the designation of fields as 
``optional'' or ``required.'' You can view the PRA comments here: 
https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202005-0350-001.

Joseph Barloon.
General Counsel, Office of the United States Trade Representative.
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[FR Doc. 2020-13824 Filed 6-25-20; 8:45 am]
BILLING CODE 3290-F8-C