82 FR 39561 - Request for Comment on the Costs and Benefits to U.S. Industry of U.S. International Government Procurement Obligations for Report to the President on “Buy American and Hire American”
DEPARTMENT OF COMMERCE
International Trade Administration
EXECUTIVE OFFICE OF THE PRESIDENT
Office of the United States Trade Representative Federal Register Volume 82, Issue 160 (August 21, 2017)
International Trade Administration
EXECUTIVE OFFICE OF THE PRESIDENT
Office of the United States Trade Representative
Federal Register Volume 82, Issue 160 (August 21, 2017)
| Page Range | 39561-39563 | |
| FR Document | 2017-17553 |
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)] [Notices] [Pages 39561-39563] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17553] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration EXECUTIVE OFFICE OF THE PRESIDENT Office of the United States Trade Representative Request for Comment on the Costs and Benefits to U.S. Industry of U.S. International Government Procurement Obligations for Report to the President on ``Buy American and Hire American'' AGENCY: International Trade Administration, Department of Commerce; Office of the United States Trade Representative, Executive Office of the President. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: Section 3(e) of the Presidential Executive Order on Buy American and Hire American directs the Secretary of Commerce and the United States Trade Representative to assess the impacts of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement (GPA) on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences. The Executive Order can be found here: https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american. In response to this Executive Order, the Department of Commerce (Department) and the Office of the United States Trade Representative (USTR) are conducting industry outreach in order to better understand how the U.S. government procurement obligations under all U.S. free trade agreements and the GPA affect U.S. manufacturers' and suppliers' access to and participation in the domestic government procurement process. In addition, because reciprocal access to trading partners' markets is an important motivation for including government procurement obligations in U.S. free trade agreements and for the United States' membership in the GPA, the Department and the USTR are also seeking information about the costs and benefits of these obligations to U.S. manufacturers and suppliers competing in U.S. trading partners' government procurement markets. The trading partners with which the United States has international government procurement obligations are: Armenia, Aruba, Australia, Bahrain, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Dominican Republic, El Salvador, the European Union (which includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and the United Kingdom), Guatemala, Honduras, Hong Kong, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, Mexico, the Republic of Moldova, Montenegro, Morocco, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Singapore, Switzerland, and Ukraine. The Secretary of Commerce and the United States Trade Representative are required to conclude the assessment called for under Section 3(e) by September 15, 2017. Responses to this notice will be considered in the assessment as well as in the final report of findings and recommendations to strengthen the implementation of Buy American Laws that the Secretary of Commerce will submit to the President of the United States by November 24, 2017. DATES: September 18, 2017 at 11:59 p.m. Eastern Daylight Time (EDT): Deadline for interested persons to submit written comments. ADDRESSES: You may submit responses to the questions below by one of the following methods: (a) Electronic Submission: Submit all electronic comments via the Federal e-Rulemaking Portal at http://www.regulations.gov. The materials in the docket will not be edited to remove identifying or contact information, and the Department cautions against including any information in an electronic submission that the submitter does not want publicly disclosed. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF formats only. Comments containing references, studies, research, and other empirical data that are not widely published should include copies of the referenced materials. Please do not submit additional materials. If you want to submit a comment with business confidential information that you do not wish to be made public, submit the comment as a written/paper submission in the manner detailed below. (b) Written/Paper Submissions Send all written/paper submissions to: Adam Boltik, International Trade Administration, Department of Commerce, 1401 Constitution Ave. NW., Room 3043, Washington, DC 20230; [[Page 39562]] Submissions of ``Business Confidential Information'': Any submissions containing ``business confidential information'' must be delivered in a sealed envelope marked ``confidential treatment requested'' to the address listed above. Please provide an index listing the document(s) or information that the submitter would like the Department to withhold. The index should include information such as numbers used to identify the relevant document(s) or information, document title and description, and relevant page numbers and/or section numbers within a document. Provide a statement explaining the submitter's grounds for objecting to disclosure of the information to the public. The Department also requests that submitters of business confidential information include a non-confidential version (either redacted or summarized) of those confidential submissions, which will be available for public viewing and posted on https://www.regulations.gov. In the event that the submitter cannot provide a non-confidential version of its submission, the Department requests that the submitter post a notice in the docket stating that it has provided the Department with business confidential information. Should a submitter fail to docket either a non-confidential version of its submission or to post a notice that business confidential information has been provided, the Department will note the receipt of the submission on the docket with the submitter's organization or name (to the degree permitted by law) and the date of submission. FOR FURTHER INFORMATION CONTACT: For questions about this notice contact: Adam Boltik or Kate Mellor at the U.S. Department of Commerce, International Trade Administration, at (202) 482-0357 or (202) 482- 5456. Please direct media inquiries to the Department of Commerce Office of Public Affairs at (202) 482-4883, or [email protected]. SUPPLEMENTARY INFORMATION: Topics on which the Secretary of Commerce and the U.S. Trade Representative Seek Information: To assist the Department and USTR in conducting the assessment of how the U.S. government procurement obligations under all U.S. free trade agreements and the GPA affect U.S. manufacturers' and suppliers' access to and participation in the domestic and U.S. trading partners' government procurement markets, commenters should submit information addressing any or all of the following questions. Please identify, where possible, the questions your comments are intended to address. Background: While EO 13788 is focused on the acquisition of goods, products, or materials in U.S. federal government procurement, the access provided by U.S. free trade agreements and the GPA in foreign markets to U.S. manufacturers and suppliers is based on reciprocity. Discussing the impact of these agreements on the access that U.S. goods have in foreign government procurement markets helps inform whether or not the access is truly reciprocal. In responding to the questions below, commenters should consider the impact for participating in U.S. federal and/or foreign government procurement markets with respect to:Business opportunities that are made available; Economic incentives that trade agreements and Buy American Laws provide; How trade agreements impact business competitiveness, or increase or decrease competition, in government procurement opportunities; How trade agreements affect companies' (prime contractors') supply chain and sourcing decisions for goods; How Buy American or similar foreign requirements increase or decrease companies' (prime contractors') competitiveness in government procurement opportunities; Administrative compliance costs tied to Buy American and similar government procurement policies; and Additional costs relating to providing or otherwise proving the country of origin of goods provided. The questions below are focused on gathering information on the access to U.S. federal and/or foreign government procurement markets for goods that are manufactured in the United States, regardless of the nationality or location of the supplier. Additionally, this includes goods that are furnished to the U.S. federal and/or foreign government that may be a part of a contract for services, such as products that may be provided to the government as part of a contract for IT services, where Buy American Laws might otherwise apply. Respondents may organize their submissions in any manner, and all responses that comply with the requirements listed in the DATES and ADDRESSES sections of this notice will be considered. 1. What is your company's experience with respect to U.S. federal and/or foreign government procurement, either as prime contractor or a subcontractor? While any experience is welcome, please identify experiences within the past 5 years. a. Have you bid on U.S. federal contracts? How many? b. Were you awarded any U.S. federal contracts? How many? c. What share of annual revenue from your U.S. operations was from U.S. federal contracts? d. Have you bid on foreign government contracts? How many? List the countries of five largest bids. e. Were you awarded any foreign government contracts? How many? List the countries of five largest awards. f. What share of annual revenue from your U.S. operations was from foreign government contracts? g. List the industries in which your company was awarded U.S. federal or foreign government contracts. Indicate NAICS code(s) if possible. 2. Please describe in a few sentences how your company's decisions to bid on or supply U.S. federal contracts (as a prime or subcontractor or company that produces goods used in procurements) are affected by U.S. free trade agreements and the WTO GPA which allow equal participation by companies from U.S. trading partners. 3. Please describe in few sentences your company's experience as a prime or subcontractor in bidding on national government procurements in countries with which the U.S. has a trade agreement with government procurement obligations. What are your three greatest challenges? (These countries are: Armenia, Aruba, Australia, Bahrain, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Dominican Republic, El Salvador, the European Union (which includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and the United Kingdom), Guatemala, Honduras, Hong Kong, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, Mexico, the Republic of Moldova, Montenegro, Morocco, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Singapore, Switzerland, and Ukraine.) How does this differ from your experience competing for bids in markets in countries with which the U.S. does not have a trade agreement with government procurement obligations? 4. What is the average U.S. content of goods that your company supplies to the U.S. federal government? [[Page 39563]] 5. What is the average U.S. content of goods that your company supplies to foreign governments? 6. What are the three principal barriers to having 100% domestic content in the goods that you produce for U.S. federal or foreign governments? 7. Please describe in a few sentences how trade agreements with government procurement obligations affect strategic decisions your company makes about production and supply chains for government procurements as well as for commercial (private sector) customers. 8. Please describe in a few sentences any experience your company has had with conflict between Buy American or similar foreign requirements and U.S. free trade agreement or WTO GPA requirements, including whether and how the conflict was resolved. 9. Please describe in a few sentences whether the presence of Buy American or similar foreign requirements affected positively or negatively your company's ability to bid and/or win contracts for U.S. or foreign government procurement. Dated: August 14, 2017. John Liuzzi, Director, Office of Trade Agreements Negotiations and Compliance, International Trade Administration. Dawn Shackleford, Assistant USTR for WTO and Multilateral Affairs, Office of the U.S. Trade Representative. [FR Doc. 2017-17553 Filed 8-17-17; 4:15 pm] BILLING CODE 3510-DS-P
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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Colombia, Costa Rica, Dominican
Republic, El Salvador, the European
Foreign-Trade Zones Board International Trade Administration Union (which includes Austria,
Belgium, Bulgaria, Croatia, Cyprus,
[Order No. 2037] EXECUTIVE OFFICE OF THE Czech Republic, Denmark, Estonia,
PRESIDENT Finland, France, Germany, Greece,
Approval of Expansion of Subzone Hungary, Ireland, Italy, Latvia,
87F; Westlake Chemical Corporation; Office of the United States Trade Lithuania, Luxemburg, Malta, the
Sulphur, Louisiana Representative Netherlands, Poland, Portugal, Romania,
Slovak Republic, Slovenia, Spain,
Pursuant to its authority under the Foreign- Request for Comment on the Costs
Trade Zones Act of June 18, 1934, as
Sweden, and the United Kingdom),
and Benefits to U.S. Industry of U.S. Guatemala, Honduras, Hong Kong,
amended (19 U.S.C. 81a–81u), the Foreign- International Government Procurement
Trade Zones Board (the Board) adopts the Iceland, Israel, Japan, the Republic of
following Order:
Obligations for Report to the President Korea, Liechtenstein, Mexico, the
on ‘‘Buy American and Hire American’’ Republic of Moldova, Montenegro,
Whereas, the Foreign-Trade Zones Morocco, New Zealand, Nicaragua,
(FTZ) Act provides for ‘‘. . . the AGENCY: International Trade
Administration, Department of Norway, Oman, Panama, Peru,
establishment . . . of foreign-trade Singapore, Switzerland, and Ukraine.
zones in ports of entry of the United Commerce; Office of the United States
Trade Representative, Executive Office The Secretary of Commerce and the
States, to expedite and encourage United States Trade Representative are
foreign commerce, and for other of the President.
required to conclude the assessment
purposes,’’ and authorizes the Foreign- ACTION: Request for comments.
called for under Section 3(e) by
Trade Zones Board to grant to qualified September 15, 2017. Responses to this
corporations the privilege of SUMMARY: Section 3(e) of the
Presidential Executive Order on Buy notice will be considered in the
establishing foreign-trade zones in or assessment as well as in the final report
adjacent to U.S. Customs and Border American and Hire American directs the
Secretary of Commerce and the United of findings and recommendations to
Protection ports of entry; strengthen the implementation of Buy
States Trade Representative to assess the
Whereas, the Board’s regulations (15 American Laws that the Secretary of
impacts of all United States free trade
CFR part 400) provide for the Commerce will submit to the President
agreements and the World Trade
establishment of subzones for specific of the United States by November 24,
Organization Agreement on Government
uses; 2017.
Procurement (GPA) on the operation of
Whereas, the Lake Charles Harbor & Buy American Laws, including their DATES: September 18, 2017 at 11:59 p.m.
Terminal District, grantee of Foreign- impacts on the implementation of Eastern Daylight Time (EDT): Deadline
Trade Zone 87, has made application to domestic procurement preferences. The for interested persons to submit written
the Board to expand Subzone 87F on Executive Order can be found here: comments.
behalf of Westlake Chemical https://www.whitehouse.gov/the-press- ADDRESSES: You may submit responses
Corporation to include two additional office/2017/04/18/presidential-
sites located in Westlake, Louisiana to the questions below by one of the
executive-order-buy-american-and-hire- following methods:
(FTZ Docket B–17–2017, docketed american. (a) Electronic Submission: Submit all
March 24, 2017); In response to this Executive Order, electronic comments via the Federal e-
Whereas, notice inviting public the Department of Commerce Rulemaking Portal at http://
comment has been given in the Federal (Department) and the Office of the www.regulations.gov. The materials in
Register (82 FR 15687–15688, March 30, United States Trade Representative the docket will not be edited to remove
2017) and the application has been (USTR) are conducting industry identifying or contact information, and
processed pursuant to the FTZ Act and outreach in order to better understand the Department cautions against
the Board’s regulations; and, how the U.S. government procurement including any information in an
Whereas, the Board adopts the obligations under all U.S. free trade electronic submission that the submitter
findings and recommendations of the agreements and the GPA affect U.S. does not want publicly disclosed.
examiner’s memorandum, and finds that manufacturers’ and suppliers’ access to Attachments to electronic comments
the requirements of the FTZ Act and the and participation in the domestic will be accepted in Microsoft Word,
Board’s regulations are satisfied; government procurement process. In Excel, or Adobe PDF formats only.
Now, therefore, the Board hereby addition, because reciprocal access to Comments containing references,
approves the expansion of Subzone 87F trading partners’ markets is an studies, research, and other empirical
on behalf of Westlake Chemical important motivation for including data that are not widely published
Corporation as described in the government procurement obligations in should include copies of the referenced
application and Federal Register notice, U.S. free trade agreements and for the materials. Please do not submit
subject to the FTZ Act and the Board’s United States’ membership in the GPA, additional materials. If you want to
regulations, including Section 400.13. the Department and the USTR are also submit a comment with business
Dated: August 11, 2017. seeking information about the costs and confidential information that you do not
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Gary Taverman, benefits of these obligations to U.S. wish to be made public, submit the
Deputy Assistant Secretary for AD/CVD manufacturers and suppliers competing comment as a written/paper submission
Operations performing the non-exclusive in U.S. trading partners’ government in the manner detailed below.
functions and duties of the Assistant procurement markets. The trading (b) Written/Paper Submissions
Secretary for Enforcement & Compliance, partners with which the United States Send all written/paper submissions
Alternate Chairman, Foreign-Trade Zones has international government to: Adam Boltik, International Trade
Board. procurement obligations are: Armenia, Administration, Department of
[FR Doc. 2017–17552 Filed 8–18–17; 8:45 am] Aruba, Australia, Bahrain, Canada, Commerce, 1401 Constitution Ave. NW.,
BILLING CODE 3510–DS–P Chile, Chinese Taipei (Taiwan), Room 3043, Washington, DC 20230;
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![Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices 39563
5. What is the average U.S. content of SUPPLEMENTARY INFORMATION: the Act and 19 CFR 351.205(b)(2) and
goods that your company supplies to (e) to November 7, 2017. In accordance
Background
foreign governments? with section 735(a)(1) of the Act and 19
6. What are the three principal On May 1, 2017, the Department of CFR 351.210(b)(1), the deadline for the
barriers to having 100% domestic Commerce (the Department) initiated final determinations of these
content in the goods that you produce the antidumping duty investigations on investigations will continue to be 75
for U.S. federal or foreign governments? certain tool chests and cabinets from the days after the date of the preliminary
7. Please describe in a few sentences People’s Republic of China and the determinations, unless postponed.
how trade agreements with government Socialist Republic of Vietnam.1 The This notice is issued and published
procurement obligations affect strategic Initiation Notice stated that the pursuant to section 733(c)(2) of the Act
decisions your company makes about Department would issue its preliminary and 19 CFR 351.205(f)(1).
production and supply chains for determinations for these investigations
Dated: August 15, 2017.
government procurements as well as for no later than 140 days after the date of
the initiation in accordance with section Gary Taverman,
commercial (private sector) customers.
733(b)(1)(A) of the Tariff Act of 1930, as Deputy Assistant Secretary for Antidumping
8. Please describe in a few sentences and Countervailing Duty Operations,
any experience your company has had amended (the Act), and 19 CFR
performing the non-exclusive functions and
with conflict between Buy American or 351.205(b)(1), unless postponed.2
duties of the Assistant Secretary for
similar foreign requirements and U.S. Currently, the preliminary Enforcement and Compliance.
free trade agreement or WTO GPA determinations of these investigations
[FR Doc. 2017–17628 Filed 8–18–17; 8:45 am]
requirements, including whether and are due no later than September 18,
BILLING CODE 3510–DS–P
how the conflict was resolved. 2017.
9. Please describe in a few sentences Period of Investigation
whether the presence of Buy American DEPARTMENT OF COMMERCE
The period of investigation is October
or similar foreign requirements affected
1, 2016, through March 31, 2017.
positively or negatively your company’s International Trade Administration
ability to bid and/or win contracts for Postponements of Preliminary
U.S. or foreign government Determinations Meeting of the United States Travel
procurement. and Tourism Advisory Board
Section 733(c)(1)(A) of the Act
Dated: August 14, 2017. permits the Department to postpone the AGENCY: International Trade
John Liuzzi, time limit for the preliminary Administration, U.S. Department of
Director, Office of Trade Agreements determination if it receives a timely Commerce.
Negotiations and Compliance, International request from the petitioner for ACTION: Notice of an open meeting.
Trade Administration. postponement. The Department may
Dawn Shackleford, postpone the preliminary determination SUMMARY: The Department of Commerce
Assistant USTR for WTO and Multilateral under section 733(c)(1) of the Act to no is currently in the process of renewing
Affairs, Office of the U.S. Trade later than 190 days after the date on the charter of the United States Travel
Representative. which the administering authority and Tourism Advisory Board (Board or
[FR Doc. 2017–17553 Filed 8–17–17; 4:15 pm] initiates an investigation. TTAB) for an addition two-year term. In
BILLING CODE 3510–DS–P
On August 9, 2017, the petitioner, anticipation of and conditioned upon
Waterloo Industries Inc., made a timely the renewed charter taking effect on or
request under 19 CFR 351.205(e) for a before September 6, 2017, the
DEPARTMENT OF COMMERCE 50-day postponement of the preliminary Department is announcing the intent to
determinations of these investigations.3 hold a meeting of the Board on
International Trade Administration The petitioner states that the Wednesday, September 6, 2017. The
postponements are necessary given the Board advises the Secretary of
[A–570–056, A–552–821]
need for additional time to analyze Commerce on matters relating to the
Certain Tool Chests and Cabinets responses from the selected respondents U.S. travel and tourism industry. The
From the People’s Republic of China in these investigations.4 For the reasons purpose of the meeting is for Board
and the Socialist Republic of Vietnam: stated above, and because there are no members to discuss their recent
Postponements of Preliminary compelling reasons to deny the recommendations adopted at the June
Determinations of Antidumping Duty petitioner’s request, the Department is 28, 2017 meeting with the Secretary of
Investigations postponing the preliminary Commerce and receive direction for
determinations of these investigations in next steps. The recommendations
AGENCY: Enforcement and Compliance, accordance with section 733(c)(1)(A) of address how to confer a competitive
International Trade Administration, advantage to U.S. tourism interests in
Department of Commerce. 1 See Certain Tool Chests and Cabinets from the
the areas of international travel and
DATES: Applicable August 21, 2017. People’s Republic of China and the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-
tourism; global competitiveness; and
FOR FURTHER INFORMATION CONTACT: Value Investigations, 82 FR 21523 (May 9, 2017) public-private partnerships that foster a
Yang Jin Chun (People’s Republic of (Initiation Notice). welcoming destination. The full
2 Id. at 21527.
recommendations are available on the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
China) or Dmitry Vladimirov (Socialist
3 See the Letters, ‘‘Antidumping Investigation of
Republic of Vietnam), AD/CVD Department of Commerce Web site for
Certain Tool Chests and Cabinets from the People’s
Operations Office I, Enforcement and Republic of China—Petitioner’s Request for
the Board at http://trade.gov/ttab. The
Compliance, International Trade Postponement of the Preliminary Determination’’ final agenda will be posted on that Web
Administration, U.S. Department of dated August 9, 2017, and ‘‘Antidumping site at least one week in advance of the
Commerce, 1401 Constitution Avenue Investigation of Certain Tool Chests and Cabinets meeting.
from the Socialist Republic of Vietnam—
NW., Washington, DC 20230; telephone: Petitioner’s Request for Postponement of the DATES: Wednesday, September 6, 2017,
(202) 482–5760 and (202) 482–0665, Preliminary Determination’’ dated August 9, 2017. 2:00 p.m.–3:30 p.m. EDT. The deadline
respectively. 4 Id. for members of the public to register,
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Document Created: 2017-08-19 00:44:44
Document Modified: 2017-08-19 00:44:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for comments. | |
| Dates | September 18, 2017 at 11:59 p.m. Eastern Daylight Time (EDT): Deadline for interested persons to submit written comments. | |
| Contact | For questions about this notice contact: Adam Boltik or Kate Mellor at the U.S. Department of Commerce, International Trade Administration, at (202) 482-0357 or (202) 482- 5456. Please direct media inquiries to the Department of Commerce Office of Public Affairs at (202) 482-4883, or [email protected] | |
| FR Citation | 82 FR 39561 |
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