To Facilitate Positive Adjustment to Competition
From Imports of Certain Steel Products
By the President of the United States of America
A Proclamation
1. On December 19, 2001, the United States International
Trade Commission (ITC) transmitted to the President
a report on its investigation under section 202
of the Trade Act of 1974, as amended (the "Trade
Act") (19 U.S.C. 2252), with respect to imports
of certain steel products.
2. The ITC reached affirmative determinations under
section 202(b) of the Trade Act that the following
products are being imported into the United States
in such increased quantities as to be a substantial
cause of serious injury, or threat of serious injury,
to the domestic industries producing like or directly
competitive articles: (a) certain carbon flat-rolled
steel, including carbon and alloy steel slabs ("slabs");
plate (including cut-to-length plate and clad plate)
("plate"); hot-rolled steel (including
plate in coils) ("hot-rolled steel");
cold-rolled steel (other than grain-oriented electrical
steel) ("cold-rolled steel"); and corrosion-resistant
and other coated steel ("coated steel")
(collectively, "certain flat steel");
(b) carbon and alloy hot-rolled bar and light shapes
("hot-rolled bar"); (c) carbon and alloy
cold-finished bar ("cold-finished bar");
(d) carbon and alloy rebar ("rebar");
(e) carbon and alloy welded tubular products (other
than oil country tubular goods) ("certain tubular
products"); (f) carbon and alloy flanges, fittings,
and tool joints ("carbon and alloy fittings");
(g) stainless steel bar and light shapes ("stainless
steel bar"); and (h) stainless steel rod. The
ITC commissioners were equally divided with respect
to the determination required under section 202(b)
regarding whether (i) carbon and alloy tin mill
products ("tin mill products") and (j)
stainless steel wire.
3. The ITC provided detailed definitions of the
products included in categories (a) through (j)
of paragraph 2, and their corresponding subheadings,
under the Harmonized Tariff Schedule of the United
States (HTS) in Appendix A to its determination,
set out at 66 Fed. Reg. 67304, 67308-67311 (December
28, 2001). By February 4, 2002, the ITC provided
additional information in response to a request
by the United States Trade Representative (USTR)
under section 203(a)(5) of the Trade Act (19 U.S.
2253(a)(5)) (the "supplemental report").
4. Section 330(d)(1) of the Tariff Act of 1930,
as amended (19 U.S.C. 1330(d)(1)), provides that,
when the ITC is required to determine under section
202(b) of the Trade Act whether increased imports
of an article are a substantial cause of serious
injury, or the threat thereof, and the commissioners
voting are equally divided with respect to such
determination, then the determination agreed upon
by either group of commissioners may be considered
by the President as the determination of the ITC.
Having considered the determinations of the commissioners
with regard to tin mill products and stainless steel
wire, I have decided to consider the determinations
of the groups of commissioners voting in the affirmative
with regard to each of these products to be the
determination of the ITC.
5. Pursuant to section 311(a) of the North American
Free Trade Agreement Implementation Act (the "NAFTA
Implementation Act") (19 U.S.C. 3371(a)), the
ITC made findings as to whether imports from Canada
and Mexico, considered individually, account for
a substantial share of total imports 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 flat
steel, tin mill products, rebar, stainless steel
rod, and stainless steel wire; and the ITC 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 the ITC also made affirmative findings
with respect to imports from Mexico of certain flat
steel, and carbon and alloy steel fittings. The
ITC commissioners were equally divided with respect
to imports from Canada of certain tubular products.
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