Page:Title 3 CFR 2002 Compilation.djvu/298

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Other Presidential Documents bon and alloy flanges, fittings, and tool joints ("carbon and alloy fittings"); (g) stainless steel bar and light shapes ("stainless steel bar"); and (h) stain- less steel rod are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat there- of, to the domestic industries producing like or directly competitive arti- cles. The ITC commissioners were equally divided with respect to the de- termination required under section 202(b) regarding whether (i) carbon and alloy tin mill products ("tin mill products"); (j) stainless steel wire; (k) tool steel, all forms; and (1) stainless steel flanges and fittings ("stainless steel fittings") are being imported into the United States in such increased quan- tities as to be a substantial cause of serious injury, or threat of serious in- jury, to the domestic industries producing like or directly competitive arti- cles. The ITC provided detailed definitions of the products included in cat- egories (a) through (1) and their corresponding subheadings under the Har- monized Tariff Schedule of the United States (HTS) in Appendix A to its determination, set out at 66 Fed. Beg. 67304, 67308-67311 (December 28, 2001}. The report of the ITC also contained findings pursuant to section 31l(a) of the North American Free Trade Agreement Implementation Act (the "NAFTA Implementation Act") as to whether imports from Canada and Mexico, considered individually, account for a substantial share of total im- ports and contribute importantly to the serious injury, or threat thereof, caused by imports. The ITC made negative findings with respect to imports from Canada of certain fiat steel, tin mill products, rebar, stainless steel rod, and stainless steel wire; and also made negative findings with respect to imports from Mexico of tin mill products, hot-rolled bar, cold-finished bar, rebar, certain tubular products, stainless steel bar, stainless steel rod, and stainless steel wire. The ITC made affirmative findings with respect to imports from Canada of hot-rolled bar, cold-finished bar, carbon and alloy fittings, and stainless steel bar; and also made affirmative findings with re- spect to imports from Mexico of certain fiat steel, and carbon and alloy steel fittings. The ITC commissioners were equally divided with respect to imports from Canada of certain tubular products. By February 4, 2002, the ITC provided additional information in response to a request under section 203(a)(5) of the Trade Act ("supplemental report") made by the United States Trade Representative (the "USTR") on January 3, 2002. Having considered the determinations of both groups of commissioners with regard to tin mill products, tool steel, stainless steel wire, and stain- less steel fittings, I have determined, pursuant to section 330(d)(\177) of the Tariff Act of \177930, as amended, to consider the determinations of the groups of commissioners voting in the affirmative with regard to tin mill products and stainless steel wire to be the determination of the ITC, and the determinations of the groups of commissioners voting in the negative with regard to tool steel and stainless steel fittings to be the determination of the ITC. By Proclamation signed today (the "Proclamation") and after considering all relevant aspects of the investigation, including the factors set forth in section 203(a)(2) of the Trade Act and the supplemental report, I have im- plemented actions of a type described in section 203(a)(3). I have deter- mined that the most appropriate actions are safeguard measures in the form of an increase in duties on imports of certain fiat steel, other than slabs (including plate, hot-rolled steel, cold-rolled steel, and coated steel), hot- 285