[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64776-64778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26401]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2010-0028]
Initiation of Section 302 Investigation and Request for Public
Comment: China--Acts, Policies and Practices Affecting Trade and
Investment in Green Technology
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation and request for public
comment.
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SUMMARY: The United States Trade Representative (``Trade
Representative'') has initiated an investigation under section 302(a)
of the Trade Act of 1974, as amended (``Trade Act''), with respect to
acts, policies, and practices of the People's Republic of China (China)
affecting trade and investment in green technology. The Trade
Representative has initiated the investigation in response to a
petition filed on September 9, 2010, and the investigation will cover
the acts, policies, and practices identified in the petition. The
investigation will consider whether these acts, policies, and practices
deny U.S. rights or benefits under the GATT 1994, under the Agreement
on Subsidies and Countervailing Measures (``SCM Agreement''), and under
China's Protocol of Accession to the WTO. USTR invites written comments
from the public on the matters covered in the investigation.
DATES: The Trade Representative initiated this investigation on October
15, 2010. Written comments are due on or before 5 p.m. on November 15,
2010. Any request for a public hearing must be made no later than 5
p.m. on November 1, 2010.
ADDRESSES: Non-confidential comments (as explained below) should be
submitted electronically via the Internet at www.regulations.gov,
docket number USTR-2010-0028. 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. If (as explained
below) the comments contain confidential information, the person
wishing to submit such comments should contact Sandy McKinzy at (202)
395-9483.
FOR FURTHER INFORMATION CONTACT: Eric Garfinkel, Chief Counsel for
China Trade, (202) 395-3150, Terry McCartin, (202) 395-3900, Deputy
Assistant USTR for China Affairs, (202) 395-3900, or Jean Kemp,
Director, Steel Trade Policy, (202) 395-5656 for questions concerning
the issues in the investigation; William Busis, Deputy Assistant USTR
for Monitoring and Enforcement and Chair of the Section 301 Committee,
(202) 395-3150, for questions concerning procedures under Section 301;
or Gwendolyn Diggs, Staff Assistant to the Section 301 Committee, (202)
395-5830, for questions concerning procedures for filing submissions in
response to this notice.
SUPPLEMENTARY INFORMATION:
A. USW Petition
On September 9, 2010, the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO CLC filed a petition under Section 302 of
the Trade Act addressed to China's acts, policies, and practices
affecting trade and investment in green technologies. The text of the
petition has been posted on http://www.ustr.gov, under ``Enforcement.''
The petition defines products of green technology ``as products
used to produce renewable energy or reduce the emissions associated
with the production and use of energy. These are the products necessary
to produce energy from wind, solar, biomass, geothermal, hydro, and
nuclear resources, products to enable the production of energy from
coal with fewer greenhouse gas emissions, and products that consume
less energy or alternative sources of energy, such as energy-efficient
vehicles and energy-efficient lighting.'' The petition also covers ``a
wide range of upstream inputs to green technology products.''
The petition alleges that China ``employs a wide range of policies
to stimulate and protect its domestic producers of green technology,
from wind and solar energy products to advanced batteries and energy-
efficient vehicles,'' enabling China to become the dominant global
supplier of a number of green technologies. The petition alleges that
China's acts, policies, and practices in the area of green technology
violate China's WTO commitments under the GATT 1994, under the
Subsidies and Countervailing Measures Agreement (``SCM Agreement''),
and under China's Protocol of Accession to the WTO.
[[Page 64777]]
These acts, policies, and practices are export restraints such as
export duties and export quotas on rare earth minerals, tungsten, and
antimony; allegedly prohibited subsidies that are contingent on export
performance, or on the use of domestic over imported goods, affecting a
variety of products, including wind turbines; discrimination against
foreign companies and goods, including with respect to wind and solar
power projects; technology transfer as a requirement for approval of
foreign investments in China; and domestic subsidy programs that are
allegedly causing serious prejudice to U.S. interests, including
subsidies supporting renewable energy industries.
The petition alleges that the acts, policies, and, practices
covered in the petition, in aggregate, have caused the annual U.S.
trade deficit with China in green technology goods to increase by more
than two billion dollars since China joined the WTO. The petition
alleges that U.S. exports to China in the sector have grown only
modestly, while U.S. imports from China in the sector are nearly five
times higher than they were in 2001. As a result, the petition alleges,
China is now the top contributor to the U.S. global trade deficit in
the sector.
B. Initiation of Investigation
The Trade Representative has determined to initiate an
investigation under section 302(a) of the Trade Act with respect to the
acts, policies, and practices of China identified in the petition. The
investigation will consider whether these acts, policies, and practices
deny U.S. rights or benefits under the GATT 1994, under the SCM
Agreement, and under China's Protocol of Accession to the WTO.
C. Delay of Request for Consultations
Section 303(a) of the Trade Act provides that on the date on which
an investigation is initiated under section 302, the Trade
Representative shall request consultations with the foreign country
concerned regarding the issues involved in such investigation. Section
303(b) provides that the Trade Representative, after consulting with
the petitioner, may delay for up to 90 days any request for
consultations under section 303(a) for the purpose of verifying or
improving the petition to ensure an adequate basis for consultation.
Because the issues covered in the investigation involve U.S. rights
under the WTO Agreement, any consultation request will be made under
the WTO Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), and unless consultations result in a mutually
acceptable resolution, the Trade Representative will request the
establishment of a WTO panel under the DSU.
In light of the number and diversity of the acts, policies, and
practices covered by the petition, and after consulting with the
petitioner, the Trade Representative has decided to delay for up to 90
days the request for consultations with the Government of China for the
purpose of verifying and improving the petition. During the period of
delay provided for under section 303(b), the Trade Representative will
seek information and advice from the petitioner and the appropriate
committees established pursuant to section 135 of the Trade Act. The
Trade Representative will take account of this information and advice,
as well as the public comments submitted in response to this notice, in
improving and verifying the petition during the delay period.
D. Public Comments
Interested persons are invited to submit written comments
concerning the issues covered in this investigation, including with
respect to: (i) The acts, policies, and practices of China that are the
subject of this investigation; (ii) whether these acts, policies, and
practices deny U.S. rights or benefits under the WTO Agreement; and
(iii) the amount of burden or restriction on U.S. commerce caused by
these acts, policies, and practices.
Interested persons may submit public comments electronically to
http://www.regulations.gov, docket number USTR-2010-0028. 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.
Interested persons may request a public hearing on these matters.
Any request for a public hearing should be made by no later than 5 p.m.
on November 1, 2010. In the event a hearing is to be held, USTR will
issue a notice specifying the date of the hearing and the procedures
for submitting written testimony.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2010-0028 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.'' Click on the reference to this
notice, and then click ``Submit Comment.'' The http://www.regulations.gov site provides the option of submitting comments by
filling in a ``Type Comment & Upload File'' field, or by attaching a
document. Given the detailed nature of the comments sought by USTR,
interested persons are requested to provide their comments in an
attached document. If a document is attached, it is sufficient to type
``See attached'' in the ``Type Comment & Upload File'' field.
A submitter requesting that information contained in a comment 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 business 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.
USTR may determine that information or advice contained in a
comment submitted, other than business confidential information, is
nonetheless confidential. 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.
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. Comments open to
public inspection may be viewed on http://
[[Page 64778]]
www.regulations.gov, under Docket No. USTR-2010-0028.
William Busis,
Chair, Section 301 Committee.
[FR Doc. 2010-26401 Filed 10-19-10; 8:45 am]
BILLING CODE 3190-W1-P