Federal Register: December 31, 2008 (Volume 73, Number 251)
DOCID: fr31de08-95 FR Doc E8-31170
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Representative, Office of United States
Docket ID: [Docket No. WTO/DS379]
ACTION: WTO Dispute Settlement Proceedings Regarding United States:
DOCUMENT ACTION: Notice; request for comments.
WTO Dispute Settlement Proceeding Regarding United States-- Definitive Anti-Dumping and Countervailing Duties on Certain Products From China
DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before February 20, 2009 to be assured of timely consideration by USTR.
The Office of the United States Trade Representative
(``USTR'') is providing notice that on December 9, 2008, the People's
Republic of China (``China'') requested the establishment of a dispute
settlement panel under the Marrakesh Agreement Establishing the World
Trade Organization (``WTO Agreement'') concerning final antidumping
and countervailing duty determinations and orders by the Department of
Commerce on imports of the following products from China: Circular
Welded Carbon Quality Steel Pipe (Investigations A570910 and C570
911); Certain New Pneumatic OfftheRoad Tires (Investigations A570 912 and C570913); LightWalled Rectangular Pipe and Tube
(Investigations A570914 and C570915); and Laminated Woven Sacks (Investigations A570916 and C570917). That request may be found at www.wto.org contained in a document designated as WT/DS379/2. USTR invites written comments from the public concerning the issues raised in this dispute.
Definitive Anti-Dumping and Countervailing Duties on Certain Products from China,
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 providing notice that the establishment of a dispute settlement panel has been requested pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (``DSU'') in this dispute. If such a 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
In its December 9, 2008 panel request, China makes a number of allegations concerning the Department of Commerce's final antidumping and countervailing duty determinations and orders regarding the following products from China: Circular Welded Carbon Quality Steel Pipe (Investigations A570910 and C570911); Certain New Pneumatic OfftheRoad Tires (Investigations A570912 and C570913); Light Walled Rectangular Pipe and Tube (Investigations A570914 and C570 915); and Laminated Woven Sacks (Investigations A570916 and C570 917). These final determinations and orders are available at the following Web pages of the Department of Commerce: http:// ia.ita.doc.gov/frn/0806frn/index.html#CHINA, http://ia.ita.doc.gov/frn/ 0807frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0808frn/ index.html#CHINA, http://ia.ita.doc.gov/frn/0809frn/index.html#CHINA.
With respect to certain of the aforementioned determinations, China [[Page 80445]]
alleges that the Department of Commerce acted inconsistently with particular provisions of the General Agreement on Tariffs and Trade 1994, WTO Agreement on AntiDumping (``AntiDumping Agreement''), and Agreement on Subsidies and Countervailing Measures (``SCM Agreement'') when allegedly it (I) erroneously concluded that certain Stateowned enterprises are ``public bodies,'' (ii) failed to determine whether such enterprises had been ``entrusted or directed'' to provide a ``financial contribution,'' (iii) erroneously concluded that a ``benefit'' had been conferred, and (iv) failed to demonstrate ``specificity.''
China also alleges that the United States acted inconsistently with particular provisions of the AntiDumping Agreement and SCM Agreement in connection with the Department of Commerce's use of a nonmarket economy (NME) methodology for the purpose of determining the existence and amount of alleged dumping under Article VI of the GATT 1994 and the AD Agreement, simultaneously with the determination of subsidization and imposition of countervailing duties on the same subject merchandise.
Finally, China alleges actions inconsistent with the AntiDumping Agreement and the SCM Agreement in connection with the Department of Commerce's conduct of the underlying antidumping and countervailing duty investigations, including its failure to inform interested parties of certain issues and the use of adverse inferences and facts available.
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 20080035. If you are unable to provide submissions by
www.regulations.gov, please contact Sandy McKinzy at (202) 3959483 to arrange for an alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number USTR20080035 on the home page and click ``go''. The site will provide a searchresults 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 searchresults page, and click on the link entitled ``Send a Comment or Submission.'' (For further information on using the 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 www.regulations.gov site provides the option of providing comments by filling in a ``General Comments'' 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 ``General Comments'' 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) 3953640. A nonconfidential summary of the confidential information must be submitted to www.regulations.gov. The nonconfidential 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 nonconfidential summary of the information or advice.
Any comment containing confidential information must be submitted by fax. A nonconfidential summary of the confidential information must be submitted to www.regulations.gov. The nonconfidential 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 nonconfidential
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 nonconfidential
submissions, or nonconfidential summaries of submissions, received
from other participants in the dispute; the report of the panel; and,
if applicable, the report of the Appellate Body. 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
www.regulations.gov Web site by entering docket number USTR20080035 in the search field on the home page.
Assistant United States Trade Representative for Monitoring and Enforcement.
[FR Doc. E831170 Filed 123008; 8:45 am]
BILLING CODE 3190W9P
FOR FURTHER INFORMATION CONTACT
Arun Venkataraman, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 3955694.