[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60161-60163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24455]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS414]
WTO Dispute Settlement Proceeding Regarding China--Countervailing
and Antidumping Duties on Grain Oriented Flat-Rolled Electrical Steel
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on September 15, 2010, the United
States requested consultations with the People's Republic of China
(``China'') under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement'') concerning issues relating to
countervailing and antidumping duties imposed by China on imports from
the United States of grain oriented flat-rolled electrical steel. That
request may be found at http://www.wto.org contained in a document
designated as WT/DS414/1. 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 October 29, 2010 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2010-0027. If you are unable to
provide submissions to www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission. If (as explained below) the
[[Page 60162]]
comment contains confidential information, then the comment should be
submitted by fax only to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Randy Miller, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-9655.
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 the United States
On September 15, 2010, the United States requested consultations
with China concerning the imposition of countervailing and antidumping
duties on grain oriented flat-rolled electrical steel (``GOES'')
exported from the United States. In June of 2009, China initiated
separate countervailing and antidumping duty investigations on GOES
exported from the United States. In April of 2010, China issued final
determinations of subsidization, dumping, and injury, along with a
notice of the imposition of countervailing and antidumping duties.
China has obligations under the Agreement on Subsidies and
Countervailing Measures (the ``SCM Agreement''), the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 (the ``AD Agreement''), and the General Agreement on Tariffs
and Trade 1994 (``GATT 1994'') regarding the imposition of
countervailing and antidumping duties on imports. In the course of its
countervailing and antidumping investigations regarding GOES, China
appears to have acted inconsistently with various obligations of the
SCM Agreement, the AD Agreement, and the GATT 1994. Actions apparently
inconsistent with China's obligations include initiation of the
investigations without sufficient evidence, failure to objectively
examine the evidence, failure to disclose essential facts underlying
its conclusions, and failure to provide an adequate explanation of its
calculations and legal conclusions.
In particular, in the request for consultations, the United States
states that China's countervailing and anti-dumping duties on GOES from
the United States appear to be inconsistent with the following
provisions of the SCM Agreement, the AD Agreement, and the GATT 1994:
1. Articles 10 and 19 of the SCM Agreement, because China
improperly determined that government purchases under U.S. Buy American
Laws conferred a ``benefit.''
2. Article 12.8 of the SCM Agreement, because China failed to
disclose the ``essential facts'' underlying its determinations.
3. Article 12.7 of the SCM Agreement, because China improperly
based its determinations on the facts available.
4. Article 22.3 of the SCM Agreement, because China failed to
provide in sufficient detail the findings and conclusions it reached on
all issues of fact and law it considered material.
5. Article 22.5 of the SCM Agreement because China failed to make
available all relevant information on the matters of fact and law and
reasons which have led to the imposition of final measures.
6. Article 11.2 of the SCM Agreement because: (a) The application
for a countervailing duty investigation failed to contain information
reasonably available to the applicant regarding the existence of a
financial contribution, a benefit, specificity, injury and causation;
and (b) there was not sufficient evidence in the application to justify
the initiation of an investigation.
7. Article 11.3 of the SCM Agreement because China failed to review
appropriately the accuracy and adequacy of the evidence provided in the
application.
8. Articles 12.3 and 12.4.1 of the SCM Agreement, because China
failed to provide, or require the applicant to provide, adequate non-
confidential summaries of allegedly confidential information.
9. Article 22.2(iii) of the SCM Agreement, because China included
in its countervailing duty investigation the American Recovery and
Reinvestment Act of 2009 (``Recovery Act'') and laws of the various
U.S. states dealing with the government purchase of goods.
10. Articles 15.1, 15.2, 15.5, 12.8, of the SCM Agreement, and
Articles 3.1, 3.2, 3.5, 6.9 and 12.2 of the AD Agreement, because: (a)
China's analysis of the effect of imports under investigation and
alleged causal link was not based upon an objective examination on the
basis of positive evidence; (b) China failed to provide in sufficient
detail the findings and conclusions reached on all issues of fact and
law it considered material; and (c) China failed to disclose the
``essential facts'' underlying its determinations.
11. Article 10 of the SCM Agreement as a consequence of the
breaches of the SCM Agreement described above.
12. Article 1 of the AD Agreement as a consequence of the breaches
of the AD Agreement described above.
13. Article VI of the GATT 1994.
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 www.regulations.gov docket number USTR-2010-
0027. If you are unable to provide submissions by www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number
USTR-2010-0027 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 www.regulations.gov Web site, please consult
the resources provided on the website 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 ``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
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 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
[[Page 60163]]
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 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://www.ustr.gov, and the report of the
panel, and, if applicable, the report of the Appellate Body, will be
available on the web site of the World Trade Organization, http://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 19 U.S.C. 2155(g)(2).
Comments open to public inspection may be viewed on the
www.regulations.gov Web site.
Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2010-24455 Filed 9-28-10; 8:45 am]
BILLING CODE 3190-W0-P