[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32533-32535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13796]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS404]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Shrimp From Viet Nam
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 April 7, 2010, the Socialist
Republic of Vietnam (``Vietnam'') requested the establishment of a
dispute settlement panel under the Marrakesh Agreement Establishing the
World Trade Organization (``WTO Agreement'') concerning a number of
antidumping administrative reviews and new shipper reviews conducted by
the Department of Commerce on imports of certain frozen warmwater
shrimp from Vietnam (Investigation A-552-801), and various U.S. laws,
regulations, administrative procedures, practices, and methodologies.
That request may be found at www.wto.org contained in a document
designated as WT/DS404/5. 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 8, 2010 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
http:[sol][sol]www.regulations.gov, docket number USTR-2010-0008. If
you are unable to submit comments using
http:[sol][sol]www.regulations.gov, please contact Sandy McKinzy at
(202) 395-9483 to arrange for an alternative method of transmission. If
(as explained below) the comments contain confidential information,
then the comments should be submitted by fax only to Sandy McKinzy at
(202) 395-3640.
FOR FURTHER INFORMATION CONTACT: J. Daniel Stirk, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-9617.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and
opportunity for comment be provided after the United States submits or
receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, USTR is
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providing notice that the establishment of a dispute settlement panel
was requested pursuant to the WTO Understanding on Rules and Procedures
Governing the Settlement of Disputes in this dispute. The panel was
established on May 18, 2010. The panel would be expected to hold its
meetings in Geneva, Switzerland, and would be expected to issue a
report on its findings and recommendations within nine months.
Major Issues Raised by Vietnam
In its April 7, 2010 panel request, Vietnam makes a number of
allegations concerning the antidumping investigation, administrative
reviews, and sunset review conducted by the Department of Commerce on
certain frozen warmwater shrimp from Vietnam, referring in particular
to the use of what it describes as ``zeroing'' in those proceedings.
Vietnam challenges the determinations by the Department of Commerce in
(1) Final Determination of Sales at Less Than Fair Value: Certain
Frozen and Canned Warmwater Shrimp from the Socialist Republic of
Vietnam, 69 FR 71,005 (December 5, 2004); (2) Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam: Final Results of the
First Antidumping Duty Administrative Review, 72 FR 52,052 (September
12, 2007); (3) Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Recission of
Antidumping Duty Administrative Review, 73 FR 52,273 (September 9,
2008); (4) Certain Frozen Warmwater Shrimp From the Socialist Republic
of Vietnam: Final Results and Final Partial Recission of Antidumping
Duty Administrative Review, 74 FR 47,191 (September 15, 2009); (5)
Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam:
Preliminary Results, Partial Rescission, and Request for Revocation, in
Part, of the Fourth Administrative Review, 75 FR 12,206 (March 15,
2010), including denial of all requests for revocation; and (6)
Initiation of Five-Year (``Sunset'') Review, 75 FR 103 (January 4,
2010). Vietnam also challenges certain U.S. laws and regulations,
including (1) the Tariff Act of 1930, as amended, sections
771(18)(C)(i), 771(35)(A), 776(a)(2), 776(b), and 777A(c)(2)(B); (2)
implementing regulations of the Department of Commerce, 19 CFR 351.204,
351.408, and 351.414; and Import Administration Antidumping Manual,
Chapter 10, ``Non-Market Economies.''
Vietnam alleges that these laws and procedures are, as such and as
applied in the determinations by the Department of Commerce,
inconsistent with Articles I, II, VI:1, and VI:2 of the General
Agreement on Tariffs and Trade 1994; Articles 1, 2.1, 2.4, 2.4.2, 5.8,
6.8, 6.10, 9.1, 9.3, 9.4, 11.1, 11.2, 11.3, 11.4, 18.1, 18.3, and 18.4,
and Annex II of the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 (the Anti-Dumping
Agreement); Article XVI:4 of the WTO Agreement; part I.2 of Vietnam's
Protocol of Accession to the WTO; and Article 31 of the Vienna
Convention on the Law of Treaties.
Vietnam alleges that the United States acted inconsistently with
the provisions identified above by applying so-called ``zeroing'' in
the determination of the margins of dumping in the proceedings
identified above, by repeatedly and consistently failing to provide
most Vietnamese respondents seeking a review an opportunity to
demonstrate the absence of dumping by being permitted to participate in
a review, and by requiring companies to demonstrate their independence
from government control and applying an adverse facts available rate to
companies failing to do so in all reviews.
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:[sol][sol]www.regulations.gov docket
number USTR-2010-0008. If you are unable to submit comments using
http:[sol][sol]www.regulations.gov, please contact Sandy McKinzy at
(202) 395-9483 to arrange for an alternative method of transmission.
To submit comments via http:[sol][sol]www.regulations.gov, enter
docket number USTR-2010-0008 on the home page and click ``search.'' 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 ``Submit a
Comment.'' (For further information on using the
http:[sol][sol]www.regulations.gov Web site, please consult the
resources provided on the Web site by clicking on the ``Help'' link at
the top of the home page.)
The http:[sol][sol]www.regulations.gov Web site provides the option
of providing comments by filling in a ``Type Comment and Upload File''
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 necessary and sufficient to type ``See attached'' in the ``Type
Comment and Upload File'' field.
A person requesting that information contained in a comment
submitted by that person be treated as business confidential
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Business confidential 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 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:[sol][sol]www.regulations.gov. 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, will be made available to the
public on USTR's Web site at http:[sol][sol]www.ustr.gov, and the
report of the panel, and, if applicable, the report of the Appellate
Body, will be available on
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the Web site of the World Trade Organization,
http:[sol][sol]www.wto.org.
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 open to public inspection may be viewed on
the http:[sol][sol]www.regulations.gov Web site.
Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2010-13796 Filed 6-7-10; 8:45 am]
BILLING CODE 3190-W0-P