Page:Title 3 CFR 2002 Compilation.djvu/300

 Other Presidential Documents certain tubular products, carbon and alloy fittings, stainless steel bar, stain- less steel rod, tin mill products, and stainless steel wire that are the prod- uct of Canada or Mexico. Similarly, the safeguard measures will not apply to imports of these products that are the product of Israel or }ordan. The safeguard measures also will not apply to imports of certain fiat steel, tin mill products, hot-rolled bar, cold-finished bar, rebar, certain tubular products, carbon and alloy fittings, stainless steel bar, stainless steel rod, or stainless steel wire that are the product of a developing country that is a member of the World Trade Organization (WTO), as long as that country's share of imports into the United States of the product, based on a recent representative period, does not exceed 3 percent, provided that all such de- veloping country WTO members collectively account for not more than 9 percent of total imports of that product. For purposes of the safeguard measures established under the Proclamation, I determine that the bene- ficiary countries under the Generalized System of Preferences are devel- oping countries. Subdivision (d)(i) of U.S. Note ll to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (Note l\177) in the Annex to the Proclamation identifies those developing countries that are WTO members, and subdivision (d)(ii) identifies the products of such countries to which the safeguard measures shall not apply. I instruct the USTR to review data on imports of products listed in para- graph 7 of the Proclamation from countries listed in subdivision (d)(i) of Note \177 on a quarterly basis. If imports of such a product from such a country increase by a material amount, I instruct the USTR to initiate con- sultations with the country regarding the circumstances under which the increase occurred and whether the country plans to take action to reduce imports to historical levels. If, on the basis of the information exchanged during consultations, data on imports, domestic steel demand, growth in the U.S. economy, shifts in other countries' trade patterns, and any other relevant factors, the USTR determines that the increase in imports of such product from such country undermines the effectiveness of the pertinent safeguard measure, he is authorized, upon publication of a notice of such determination in the Federal Register, to modify subdivision (d)(ii) of Note \177l in the Annex to the Proclamation to include such product from such country. I also authorize the USTR, upon publication of a notice in the Federal Register, to change the list of developing countries to which the safeguard measures do not apply. The steel products listed in clauses (i) through (ix) of subdivision (b) of Note \177 in the Annex to the Proclamation were excluded from the deter- minations of the ITC described in paragraph 2 of that Proclamation, and are excluded from these safeguard measures. I have also determined to ex- clude from these safeguard measures the steel products listed in the subse- quent clauses of subdivision (b) of Note \177 in the Annex to the Proclama- tion. The Trade Policy Staff Committee (TPSC) is currently evaluating re- quests, submitted in response to 66 Fed. Beg. 5432% 54322-54323 (October 26, 200\177), that particular products be excluded from any safeguard measure with regard to certain steel products. I instruct the USTR to determine whether these particular products should be excluded and, if so, within \17720 days of the date of the Proclamation, to publish in the Federal Register a notice to modify subchapter III of chapter 99 to exclude them from the safeguard measures. In making this determination, the USTR shall consider any advice rendered by the TPSC. 287

�