[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67214-67215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26978]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS379]
WTO Dispute Settlement Proceeding Regarding United States--
Definitive Anti-Dumping and Countervailing Duties on Certain Products
From China
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on September 19, 2008, the People's
Republic of China (``China'') requested consultations with the United
States under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement'') concerning final anti-dumping and
countervailing duty determinations and orders by the Department of
Commerce on imports of the following products from China: Circular
Welded Carbon Quality Steel Pipe (Investigations A-570-910 and C-570-
911); Certain New Pneumatic Off-the-Road Tires (Investigations A-570-
912 and C-570-913); Light-Walled Rectangular Pipe and Tube
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks
(Investigations A-570-916 and C-570-917). That request may be found at
www.wto.org contained in a document designated as WT/DS379/1. USTR
invites written comments from the public concerning the issues raised
in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before December 12, 2008 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically to
www.regulations.gov, docket number USTR-2008-0035, or (ii) by fax, to
Sandy McKinzy at (202) 395-3640. For documents sent by fax, USTR
requests that the submitter provide a confirmation copy to
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General
Counsel, Office of the United States
[[Page 67215]]
Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202)
395-5694.
SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations
have been requested pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU''). If such
consultations should fail to resolve the matter and a dispute
settlement panel is established pursuant to the DSU, such panel, which
would hold its meetings in Geneva, Switzerland, would be expected to
issue a report on its findings and recommendations within nine months
after it is established.
Major Issues Raised by China
On September 19, 2008, China requested consultations regarding the
Department of Commerce's final antidumping and countervailing duty
determinations and orders regarding the following products from China:
Circular Welded Carbon Quality Steel Pipe (Investigations A-570-910 and
C-570-911); Certain New Pneumatic Off-the-Road Tires (Investigations A-
570-912 and C-570-913); Light-Walled Rectangular Pipe and Tube
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks
(Investigations A-570-916 and C-570-917). These final determinations
and orders are available at the following Web pages of the Department
of Commerce: http://ia.ita.doc.gov/frn/0806frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0807frn/index.html#CHINA, http://ia.ita.doc.gov/-frn/0808frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0809frn/index.html#CHINA.
With respect to certain of the aforementioned determinations, China
alleges that the Department of Commerce acted inconsistently with
particular provisions of the General Agreement on Tariffs and Trade
1994, WTO Agreement on Anti-Dumping (``Anti-Dumping Agreement''), and
Agreement on Subsidies and Countervailing Measures (``SCM Agreement'')
when it (i) erroneously concluded that certain State-owned enterprises
are ``public bodies,'' (ii) failed to determine whether such
enterprises had been ``entrusted or directed'' to provide a ``financial
contribution,'' (iii) erroneously concluded that a ``benefit'' had been
conferred, and (iv) failed to demonstrate ``specificity.'' China also
alleges that the United States acted inconsistently with particular
provisions of the Anti-Dumping Agreement and SCM Agreement in
connection with the Department of Commerce's use of a non-market
economy (NME) methodology for the purpose of determining the existence
and amount of alleged dumping under Article VI of the GATT 1994 and the
AD Agreement, simultaneously with the determination of subsidization
and imposition of countervailing duties on the same subject
merchandise. Finally, China alleges actions inconsistent with the Anti-
Dumping Agreement and the SCM Agreement in connection with the
Department of Commerce's conduct of the underlying anti-dumping and
countervailing duty investigations, including its failure to inform
interested parties of certain issues and the use of adverse inferences
and facts available.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically to www.regulations.gov, docket
number USTR-2008-0035, or (ii) by fax, to Sandy McKinzy at (202) 395-
3640. For documents sent by fax, USTR requests that the submitter
provide a confirmation copy to www.regulations.gov.
To submit comments via www.regulations.gov, enter docket number
USTR-2008-0035 on the home page and click ``go''. The site will provide
a search-results page listing all documents associated with this
docket. Find a reference to this notice by selecting ``Notice'' under
``Document Type'' on the left side of the search-results page, and
click on the link entitled ``Send a Comment or Submission.'' (For
further information on using the www.regulations.gov Web site, please
consult the resources provided on the Web site by clicking on ``How to
Use This Site'' on the left side of the home page.)
The www.regulations.gov site provides the option of providing
comments by filling in a ``General Comments'' field, or by attaching a
document. It is expected that most comments will be provided in an
attached document. If a document is attached, it is sufficient to type
``See attached'' in the ``General Comments'' field.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top
and bottom of the cover page and each succeeding page. Any comment
containing business confidential information must be accompanied by a
non-confidential summary of the confidential information. The non-
confidential summary will be placed in the docket and open to public
inspection.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of the cover page and each succeeding page; and
(3) Must provide a non-confidential summary of the information or
advice.
The non-confidential summary will be placed in the docket and open
to public inspection.
USTR will maintain a docket on this dispute settlement proceeding,
accessible to the public. The public file will include non-confidential
comments received by USTR from the public with respect to the dispute;
if a dispute settlement panel is convened or in the event of an appeal
from such a panel, the U.S. submissions, any non-confidential
submissions, or non-confidential summaries of submissions, received
from other participants in the dispute; the report of the panel; and,
if applicable, the report of the Appellate Body.
Comments will be placed in the docket and open to public inspection
pursuant to 15 CFR 2006.13, except confidential business information
exempt from public inspection in accordance with 15 CFR 2006.15 or
information determined by USTR to be confidential in accordance with 19
U.S.C. 2155(g)(2). Comments may be viewed on the www.regulations.gov
Web site by entering docket number USTR-2008-0035 in the search field
on the home page.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E8-26978 Filed 11-12-08; 8:45 am]
BILLING CODE 3190-W9-P