[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12400-12401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5082]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS414]
WTO Dispute Settlement Proceeding Regarding China--Countervailing
and Anti-Dumping Duties on Grain Oriented Flat-rolled Electrical Steel
From the United States
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 February 11, 2011, the United
States requested the establishment of a dispute settlement panel under
the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement'') with the People's Republic of China (``China'')
concerning countervailing and anti-dumping duties on Grain Oriented
Flat-rolled Electrical Steel (``GOES'') from the United States. That
request may be found at http://www.wto.org, in a document designated as
WT/DS414/2. 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 May 2, 2011, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0027. 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: Joseph Laroski, Associate General
Counsel, Office of the United States Trade Representative; or Joseph
Rieras, Assistant General Counsel, Office of the United States Trade
Representative. Contact information is: 600 17th Street, NW.,
Washington, DC 20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: Section 127(b)(1) of the Uruguay Round
Agreements Act (``URAA'') (19 U.S.C. 3527(b)(1)) requires that notice
and opportunity for comment be provided after the United States submits
or receives a request for establishment of a WTO dispute settlement
panel. Consistent with this obligation, USTR is providing notice that
the United States has requested a panel pursuant to the WTO
Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). Once it is established pursuant to the panel will
hold its meetings in Geneva, Switzerland, and 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
The United States considers that certain measures imposing
countervailing duties and anti-dumping duties on GOES from the United
States are inconsistent with China's commitments and obligations under
the WTO Agreement. The measures are set forth in the Ministry of
Commerce of the People's Republic of China (``MOFCOM'') Notice No. 21
[2010], including its annexes. These measures appear to be inconsistent
with Articles 1, 3.1, 3.2, 3.5, 6.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and
Paragraph 1 of Annex II of the Anti Dumping Agreement; Articles 10,
11.2, 11.3, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.5, 22.3, and 22.5
of the Subsidies and Countervailing Measures Agreement; and Article VI
of the GATT 1994. On September 15, 2010, the United States requested
consultations with China. That request may be found at http://www.wto.org contained in a document designated as WT/DS414/1. The
United States and China held consultations on November 1, 2010, but the
consultations did not resolve the matter.
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-2010-0027. 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-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 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.)
The http://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 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
[[Page 12401]]
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. 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.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), 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 open to public inspection may be viewed on the http://www.regulations.gov Web site.
Bradford Ward,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2011-5082 Filed 3-4-11; 8:45 am]
BILLING CODE 3190-W1-P