[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32217-32219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15861]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS394]
WTO Dispute Settlement Proceeding Regarding China--Measures
Related to the Exportation of Various Raw Materials
AGENCY: Office of the United States Trade Representative.
[[Page 32218]]
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on June 23, 2009, in accordance
with the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement''), the United States requested consultations
regarding restraints on the export from China of various forms of
bauxite, coke, fluorspar, magnesium, manganese, silicon carbide,
silicon metal, yellow phosphorus, and zinc (the ``materials''). That
request may be found at http://www.wto.org contained in a document
designated as WT/DS394/1. 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 July 31, 2009 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0016. If you are unable to
provide submissions by http://www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission. If (as explained below), the comment contains
confidential information, then the comment should be submitted by fax
only to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Shubha Sastry, Assistant General
Counsel, or Katherine Tai, Associate General Counsel, Office of the
United States Trade Representative, 600 17th Street, NW., Washington,
DC 20508, (202) 395-6139 or (202) 395-9589.
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 six to nine
months after it is established.
Major Issues Raised by the United States
On June 23, 2009, the United States requested consultations
regarding China's restraints on the export from China of various forms
of bauxite (``bauxite'' includes but is not limited to items falling
under the following HS numbers, as listed in Attachment 1 of Notice
``2009 Export Licensing Management Commodities List'' (Ministry of
Commerce and General Administration of Customs, Notice (2008) No. 100,
January 1, 2009) (``2009 Export Licensing List'') and/or Table 7 of
Notice Regarding the 2009 Tariff Implementation Program (State Council
Tariff Policy Commission, shuiweihui (2008) No. 40, January 1, 2009)
(``2009 Export Duty List''): 2508300000/25083000, 2606000000/26060000,
26204000), coke (``coke'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 2704001000/27040010), fluorspar
(``fluorspar'' includes but is not limited to items falling under the
following HS numbers, as listed in the 2009 Export Licensing List and/
or the 2009 Export Duty List: 2529210000/25292100, 2529220000/
25292200), magnesium (``magnesium'' includes but is not limited to
items falling under the following HS numbers, as listed in the 2009
Export Licensing List and/or the 2009 Export Duty List: 81041100,
81041900, 81042000), manganese (``manganese'' includes but is not
limited to items falling under the following HS numbers, as listed in
the 2009 Export Licensing List and/or the 2009 Export Duty List:
26020000, 8111001010/81110010, 8111001090/81110010), silicon carbide
(``silicon carbide'' includes but is not limited to items falling under
the following HS numbers, as listed in the 2009 Export Licensing List
and/or the 2009 Export Duty List: 2849200000, 3824909910), silicon
metal (``silicon metal'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 28046900), yellow phosphorus
(``yellow phosphorus'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 28047010), and zinc (``zinc''
includes but is not limited to items falling under the following HS
numbers, as listed in the 2009 Export Licensing List and/or the 2009
Export Duty List: 2608000001/26080000, 2608000090/26080000, 7901119000/
79011190, 7901120000/79011200, 7901200000/79012000, 79020000, 26201100,
26201900).
These restraints include: Quantitative restrictions on the export
of bauxite, coke, fluorspar, silicon carbide, and zinc; export duties
on bauxite, coke, fluorspar, magnesium, manganese, silicon metal,
yellow phosphorus, and zinc; additional requirements and procedures
(administered through China's ministries and other organizations under
the State Council as well as chambers of commerce) in connection with
the export of the materials, including, but not limited to, restricting
the right to export based on, for example, prior export experience,
establishing criteria that foreign-invested enterprises must satisfy in
order to export that are different from those that domestic entities
must satisfy, and requiring exporters to pay fees; and a minimum export
price system for the materials and requiring the examination and
approval of export contracts and export prices (administered through
China's ministries and other organizations under the State Council as
well as chambers of commerce).
USTR believes that these export restraints are inconsistent with
China's obligations under Articles VIII, X, and XI of the General
Agreement on Tariffs and Trade 1994; paragraphs 5.1, 5.2, 8.2, and 11.3
of Part I of the Protocol on the Accession of the People's Republic of
China (``Accession Protocol''); and the provisions of paragraph 1.2 of
Part I of the Accession Protocol (which incorporates commitments in
paragraphs 83, 84, 162, and 165 of the Report of the Working Party on
the Accession of China).
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to http://www.regulations.gov, docket number
USTR-2009-0016. If you are unable to provide submissions by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2009-0016 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 http://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.)
[[Page 32219]]
The http://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 submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to http://www.regulations.gov. 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.
Any comment containing confidential information must be submitted
by fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary
of the confidential information must be submitted to http://www.regulations.gov or by fax. 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 Sec. 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 open to public
inspection may be viewed on the http://www.regulations.gov Web site.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E9-15861 Filed 7-6-09; 8:45 am]
BILLING CODE 3190-W9-P