[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17985-17986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7501]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS422]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Frozen Warmwater Shrimp From China
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 28, 2011, the People's
Republic of China requested consultations with the United States under
the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement'') concerning antidumping measures regarding certain
frozen warmwater shrimp from China. That request may be found at http://www.wto.org contained in a document designated as WT/DS422/1. 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 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-2011-0002. 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: Jared Wessel, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3150.
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 China
On February 28, 2011, China requested consultations regarding the
antidumping duty investigation, a number of antidumping administrative
reviews, and the sunset review conducted by the Department of Commerce
on certain frozen warmwater shrimp from China, referring in particular
to the use of what it describes as ``zeroing'' in those proceedings.
Specifically, China requested consultations regarding the
determinations by the Department of Commerce in (1) Notice of Final
Determination of Sales at Less Than Fair Value: Certain Frozen and
Canned Warmwater Shrimp From the People's Republic of China, 69 FR
70,997 (December 8, 2004), and the accompanying November 29, 2004,
Issues and Decision Memorandum, as well as any amendments, replacements
and/or implementing measures issued pursuant thereto; (2) Certain
Frozen Warmwater Shrimp From the People's Republic of China: Notice of
Final Results and Rescission, in Part, of 2004/2006 Antidumping Duty
Administrative and New Shipper Reviews, 72 FR 52,049 (September 12,
2007); (3) Third Administrative Review of Frozen Warmwater Shrimp From
the People's Republic of China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 74 FR 46,565 (September 10,
2009); (4) Administrative Review of Certain Frozen Warmwater Shrimp
From the People's Republic of China: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 75 FR 49,460
(August 13, 2010); (5) Certain Frozen Warmwater Shrimp From the
People's Republic of China: Preliminary Results and Preliminary Partial
Rescission of Fifth Antidumping Duty Administrative Review, 76 FR 8,338
(February 14, 2011); (6) the final results of the fifth antidumping
duty administrative review on Certain Frozen Warmwater Shrimp From the
People's Republic of China published in the Federal Register after the
date of the request for consultations, as well as any amendments,
replacements, and/or implementing measures, including, inter alia, any
assessment instructions and cash deposit requirements issued pursuant
to each of the identified administrative reviews; (7) Certain Frozen
Warmwater Shrimp from Brazil, India, the People's Republic of China and
Thailand: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 75 FR 27,299 (May 14, 2010), as well as any
amendments, replacements, and/or implementing measures issued pursuant
thereto. China also requested consultations regarding any affirmative
injury determination issued by the United States International Trade
Commission (``ITC') in the sunset review of certain frozen warmwater
shrimp from China after the date of its request for consultations in
which the antidumping duty margin considered by the ITC for purposes of
determining injury is calculated using so-called zeroing. See Notice of
Institution of
[[Page 17986]]
Five-Year Reviews Concerning the Antidumping Duty Orders on Frozen
Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam,
Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), 75 FR 1,078
(January 8, 2010).
China alleges that so-called zeroing is inconsistent with Articles
VI:1 and VI:2 of the General Agreement on Tariffs and Trade 1994 and
Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.2, 9.3, 9.4, and 11.3 of the
Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 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 http://www.regulations.gov docket number
USTR-2011-0002. 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-2011-0002 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 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 Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement
proceeding accessible to the public at http://www.regulations.gov,
docket number USTR-2011-0002. 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.
William Busis,
Deputy Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2011-7501 Filed 3-30-11; 8:45 am]
BILLING CODE 3190-W1-P