Request for Comments and Public Hearing About the Administration's Action Following a Determination of Import Injury With Regard to Fine Denier Polyester Staple Fiber (PSF), 63465-63466 [2024-17138]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63465-63466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17138]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2024-0010]


Request for Comments and Public Hearing About the 
Administration's Action Following a Determination of Import Injury With 
Regard to Fine Denier Polyester Staple Fiber (PSF)

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments and notice of public hearing.

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SUMMARY: On July 9, 2024, the United States International Trade 
Commission (USITC) determined that fine denier polyester staple fiber 
(PSF) is being imported into the United States in such increased 
quantities as to be a substantial cause of serious injury, or the 
threat thereof, to the domestic industry producing an article that is 
like or directly competitive with the imported article. The 
Commissioners who voted in the affirmative are now conducting a process 
to recommend a safeguard measure for the President. The Office of the 
United States Trade Representative (USTR), on behalf of the Trade 
Policy Staff Committee (TPSC), is announcing a process so that, once 
the USITC makes its recommendation and issues its report to the 
President, domestic producers, importers, exporters, and other 
interested parties subsequently may submit their views and evidence on 
the appropriateness of the recommended safeguard measure and whether it 
would be in the public interest. USTR also invites interested parties 
to participate in a public hearing regarding this matter.

DATES: 
    September 9, 2024 at 11:59 p.m. EST: Deadline for submission of 
written comments, requests to testify, and summaries of written 
testimony.
    September 16, 2024 at 11:59 p.m. EST: Deadline for submission of 
written responses to the initial round of comments.
    September 30, 2024: The TPSC will hold a public hearing in Rooms 1 
and 2, 1724 F Street NW, Washington, DC.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: https://www.regulations.gov 
(Regulations.gov). Follow the instructions for submitting comments in 
section III below. The docket number is USTR-2024-0010. For 
alternatives to on-line submissions, please contact Rachel Hasandras at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and 
Multilateral Affairs, at [email protected] or 202.395.9450; 
Rachel Hasandras or Michael Gagain, Office of the General Counsel, at 
or 202.395.9529, or respectively, [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. The USITC Investigation and Section 201

    On March 8, 2024, following receipt of a petition for import 
relief, as filed on February 28, 2024, the USITC instituted 
investigation No. TA-201-078 under section 202 of the Trade Act of 1974 
(19 U.S.C. 2252) on imported PSF, on the basis of a petition requesting 
import relief properly filed by Fiber Industries LLC d/b/a Darling 
Fibers, Nan Ya Plastics Corp. America, and Sun Fiber (collectively, 
petitioners). The USITC notice of institution (89 FR 18435) identifies 
the scope of the products covered by this investigation.
    On July 9, 2024, after receiving submissions from interested 
parties and holding a public hearing on June 4, 2024 that provided an 
opportunity to present opposing views and supporting evidence, the 
USITC determined that the increased importation of PSF is a substantial 
cause of serious injury, or threat thereof, to the domestic industry. 
The USITC determination and additional information about the 
investigation, including the administrative record consisting of briefs 
and other submissions, can be found in the Electronic Document 
Information System (EDIS) on the USITC website at www.usitc.gov.
    By August 26, 2024, after the remedy hearing and consideration of 
the submissions, the USITC will submit to the President a report with 
its recommendation on action(s) to address the serious injury, or 
threat thereof, to the domestic industry and to facilitate the efforts 
of the domestic industry to make a positive adjustment to import 
competition.

II. Proposed Measure and Opportunity To Comment

    Section 201 of the Trade Act of 1974 (19 U.S.C. 2251) authorizes 
the President, in the event of an affirmative determination by the 
USITC, to take all appropriate and feasible action within his power 
that he determines will facilitate efforts by the domestic industry to 
make a positive adjustment to import competition and provide greater 
economic and social benefits than costs. The statute provides for the 
President to take action within 60 days after receiving the USITC 
report, subject to any decision the President makes to request 
additional information from the USITC. As noted above, the USITC is 
scheduled to transmit its report to the President by August 26, 2024. 
In accordance with section 203(a)(1)(C) of the Trade Act of 1974 (19 
U.S.C. 2253(a)(1)(C)), the TPSC will make a recommendation to the 
President. This recommendation will take into account the USITC 
recommendation, the extent to which the domestic industry will benefit 
from adjustment assistance, the efforts of the domestic industry to 
make positive adjustments, and other relevant considerations. The 
potential actions the President may take to provide a remedy in the 
form of a safeguard measure include:
     Imposition, or increase, of a duty on the imported 
articles in question.
     Use of a tariff-rate quota.
     Modification or imposition of any quantitative restriction 
on the importation of the articles into the United States.
     A proposal to negotiate and carry out an agreement with 
foreign countries to limit the exportation from foreign countries and 
importation into the United States.
     Procedures for the granting of import licenses.
     Other negotiations to identify the underlying cause of the 
increased imports to alleviate the injury or threat thereof.
     Legislative proposals that would facilitate a positive 
adjustment.
     Other action consistent with the President's authority.
     Any combination of these actions.
    USTR offers these potential remedies for further consideration by 
domestic producers, importers, exporters, and other interested parties, 
and invites views and evidence on whether a proposed remedy is 
appropriate and in the public interest. In commenting on the action to 
take, we request that you address:
    1. The appropriateness of any other proposed action and how it 
would be in the public interest.
    2. The short- and long-term effects the proposed action is likely 
to have on the domestic PSF industry, other domestic industries, and 
downstream consumers.

[[Page 63466]]

    3. The short- and long-term effects that not taking the proposed 
action is likely to have on the domestic PSF industry, its workers, and 
on other domestic industries and communities.

III. Hearing Participation

    The TPSC will convene a public hearing on September 30, 2024, in 
Rooms 1 and 2, 1724 F Street NW, Washington, DC. USTR will provide 
information about the format and schedule for the hearing to interested 
parties. Requests to testify must include the following information: 
(1) name, address, telephone number, email address, and firm or 
affiliation of the individual wishing to testify, and (2) a brief 
summary of the proposed oral presentation.

IV. Submission Instructions

    USTR seeks public comments with respect to the issues described in 
Section II. To be assured of consideration, you must submit written 
comments, requests to appear at the hearing, and summaries of testimony 
by 11:59 p.m. EST on September 09, 2024, and any written responses to 
those comments by 11:59 p.m. EST on September 16, 2024. The request to 
appear must include a summary of testimony, and may be accompanied by a 
prehearing submission. All comments must be in English and must 
identify on the reference line of the first page of the submission 
``Potential Action: Fine Denier PSF.''
    USTR strongly encourages commenters to make on-line submissions, 
using Regulations.gov. To submit comments via Regulations.gov, enter 
docket number USTR-2024-0010 on the home page and click ``search.'' The 
site will provide a search-results page listing all documents 
associated with this docket. Find a reference to this notice and click 
on the link entitled ``Comment Now!''
    For further information on using Regulations.gov, please consult 
the resources provided on the website by clicking ``How to Use 
Regulations.gov'' on the bottom of the home page. USTR will not accept 
hand-delivered submissions.
    The Regulations.gov website allows users to provide comments by 
filling in a ``Type Comment'' field, or by attaching a document using 
an ``Upload File'' field. USTR prefers that you provide comments as an 
attached document in Microsoft Word (.doc) or Adobe Acrobat (.pdf) 
format. If the submission is in another file format, please indicate 
the name of the software application in the ``Type Comment'' field. 
File names should reflect the name of the person or entity submitting 
the comments. Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the comment itself, rather than submitting them as 
separate files.
    For any comments submitted electronically that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters ``BCI''. Any page 
containing business confidential information must be clearly marked 
``BUSINESS CONFIDENTIAL'' on the top of that page and the submission 
should clearly indicate, via brackets, highlighting, or other means, 
the specific information that is business confidential. A filer 
requesting business confidential treatment must certify that the 
information is business confidential and would not customarily be 
released to the public by the submitter. Filers of submissions 
containing business confidential information also must submit a public 
version of their comments. The file name of the public version should 
begin with the character ``P''. Follow the ``BCI'' and ``P'' with the 
name of the person or entity submitting the comments. Filers submitting 
comments containing no BCI should name their file using the name of the 
person or entity submitting the comments.
    As noted, USTR strongly urge submitters to file comments through 
Regulations.gov. You must make arrangements for any alternative method 
of submission with Rachel Hasandras at [email protected] 
in advance of the relevant deadline and before transmitting a comment.
    You can find general information about USTR at www.ustr.gov.
    USTR will post comments in the docket for public inspection, except 
properly designated BCI. You can view comments on Regulations.gov by 
entering the docket number in the search field on the home page.

Laura Buffo,
Chair of the Trade Policy Staff Committee, Office of the United States 
Trade Representative.
[FR Doc. 2024-17138 Filed 8-2-24; 8:45 am]
BILLING CODE 3390-F4-P