USTR Airbus Investigation Preliminary_Product_List

15028 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36233, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on HR’s representative, Barry W. Bridgforth, Jr., Bridgforth, Buntin & Emerson, PLLC, 5293 Getwell Road, Southaven, MS 38672. According to HR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at Decided: April 8, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2019–07310 Filed 4–11–19; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2019–0003] Initiation of Investigation; Notice of Hearing and Request for Public Comments: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute Office of the United States Trade Representative. ACTION : Notice of initiation of investigation, hearing, and request for comments. AGENCY : The United States Trade Representative (Trade Representative) is initiating an investigation to enforce U.S. rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsidies on large civil aircraft. The Trade Representative proposes determinations that the EU and certain member States have denied U.S. rights under the WTO Agreement and have failed to implement WTO Dispute Settlement Body recommendations. The Trade Representative proposes to take action in the form of additional duties on products of the EU or certain member States, to be drawn from the preliminary list annexed to this Notice. The interagency Section 301 Committee is seeking public comments and will hold a public hearing in connection with the proposed determinations. DATES : To be assured of consideration, the following schedule applies: SUMMARY : VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 May 6, 2019: Due date for submission of requests to appear at the public hearing and summary of testimony. May 15, 2019: The Section 301 Committee will convene a public hearing in the Main Hearing Room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 beginning at 9:30 a.m. May 28, 2019: Due date for submission of written comments, including post-hearing rebuttal comments. ADDRESSES : You should submit written comments through the Federal eRulemaking Portal: http:// Follow the instructions for submitting comments in sections E and F below. The docket number is USTR–2019–0003. For issues with on-line submissions, please contact the Office of the United States Trade Representative (USTR) Section 301 line at (202) 395–5725. FOR FURTHER INFORMATION CONTACT : For questions about this investigation or proposed determinations, contact Megan Grimball, Assistant General Counsel, at (202) 395–5725. For questions on customs classification of products identified in the Annex to this Notice, contact Traderemedy@ SUPPLEMENTARY INFORMATION A. Dispute Settlement Proceedings On October 6, 2004, the United States requested WTO dispute settlement consultations with the European Communities (now the EU), France, Germany, Spain, and the United Kingdom (certain member States) concerning certain subsidies granted by the EU and certain member States to the EU large civil aircraft domestic industry, on the basis that the subsidies appeared to be inconsistent with their obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on Subsidies and Countervailing Measures (SCM Agreement). Further information on this dispute— EC and Certain member States— Measures Affecting Trade in Large Civil Aircraft (DS316), including the original panel and appellate reports and the compliance panel and appellate reports adopted by the DSB, is publicly available on the WTO website, including at the following page: https:// cases_e/ds316_e.htm. On May 31, 2005, the United States requested the establishment of a dispute settlement panel. USTR provided notice of the establishment of the panel and PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 invited comments from the public concerning the issues raised in the dispute. See 70 FR 35496. In May 2011, a WTO panel report, as amended by an Appellate Body report, confirmed that EU and certain member State subsidies on the manufacture of large civil aircraft breached the EU’s obligations under the SCM Agreement. The Dispute Settlement Body (DSB) adopted the reports on June 1, 2011, and recommended that the EU and certain member States bring the WTO- inconsistent measures into compliance with WTO rules. The EU and certain member States had until December 1, 2011, to bring the measures into compliance. On December 1, 2011, the EU asserted that it had implemented the DSB recommendations. The United States did not agree, and requested authorization from the DSB to impose countermeasures commensurate with the adverse effects of the WTO- inconsistent measures. The EU referred the matter to arbitration to assess the proper level of any countermeasures. In early 2012, the United States and the EU entered into a procedural agreement pursuant to which the arbitration would be suspended until after WTO compliance panel and any appellate proceedings determined whether the EU had implemented the DSB recommendations. On May 28, 2018, the DSB adopted compliance panel and Appellate Body reports confirming that launch aid to the Airbus A380 and A350 XWB aircraft continued to cause WTO-inconsistent adverse effects to U.S. interests. At the request of the United States, and in accordance with the procedural agreement, on July 13, 2018, the WTO Arbitrator resumed its work in determining the level of countermeasures to be authorized as a result of the WTO inconsistencies. USTR anticipates that the WTO Arbitrator will issue its report regarding the level of countermeasures in the summer of 2019. B. Initiation of Investigation Section 302(b) of the Trade Act of 1974, as amended, authorizes the Trade Representative to initiate an investigation to determine whether conduct is actionable under section 301 of the Trade Act. Actionable conduct under section 301(a) includes, inter alia, the denial of rights of the United States under any trade agreement. In order to enforce U.S. WTO rights in connection with the Large Civil Aircraft dispute, the Trade Representative is initiating a section 301 investigation of the subsidies provided by the EU and E:\FR\FM\12APN1.SGM 12APN1