WTO Dispute Settlement Proceeding Regarding United States-Antidumping Measure on Shrimp From Ecuador, 72687-72688 [E5-6907]

Download as PDF Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices Under Turkey’s import regime for rice, Turkey requires an import license to import rice. However, Turkey appears to fail to grant licenses to import rice at the bound rate of duty. In addition, Turkey operates a tariff-rate quota for rice imports requiring that in order to import specified quantities of rice at reduced tariff levels, importers must purchase specified quantities of domestic rice, including from the Turkish Grain Board (TMO), Turkish producers, or producer associations (‘‘the domestic purchase requirement’’). Turkey appears to administer the domestic purchase requirement through its import licensing regime. USTR believes these measures are inconsistent with Turkey’s obligations under Article 2.1 and paragraph 1(a) of Annex 1 of the TRIMs Agreement; Articles III (including paragraphs 4, 5, and 7) and XI:1 of the GATT 1994; Article 4.2 of the Agriculture Agreement; and Articles 1.2, 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 3.5(a), 3.5(b), 3.5(d), 3.5(e), 3.5(f), 3.5(g), 3.5(h), 3.5(k), 5.1, 5.2, 5.3, and 5.4 of the Import Licensing Agreement. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted (i) electronically, to FR0604@ustr.gov, with ‘‘Turkey Rice (DS334)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395–3640, with a confirmation copy sent electronically to the electronic mail address above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Comments must be in English. 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 commenter. Confidential business information must be clearly designated as such and ‘‘BUSINESS CONFIDENTIAL’’ must be marked at the top and bottom of the cover page and each succeeding page. VerDate Aug<31>2005 17:44 Dec 05, 2005 Jkt 205001 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) Is encouraged to provide a nonconfidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. 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, the U.S. submissions to that panel, the submissions, or non-confidential summaries of submissions, to the panel received from other participants in the dispute, as well as the report of the panel; and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket WTO/DS– 334, Turkey Rice Dispute) may be made by calling the USTR Reading Room at (202) 395–6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E5–6905 Filed 12–5–05; 8:45 am] BILLING CODE 3190–W6–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS335] WTO Dispute Settlement Proceeding Regarding United States— Antidumping Measure on Shrimp From Ecuador Office of the United States Trade Representative. ACTION: Notice; request for comments. AGENCY: SUMMARY: The Office of the United States Trade Representative (‘‘USTR’’) is providing notice that on November 17, 2005, Ecuador requested consultations with the United States under the PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 72687 Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning the final affirmative antidumping determination with respect to certain frozen warmwater shrimp from Ecuador issued by the U.S. Department of Commerce. That request may be found at http:// www.wto.org contained in a document designated as WT/DS335/1. USTR invites written comments from the public concerning the issue 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 January 1, 2006 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0603@ustr.eop.gov, Attn: ‘‘Ecuador Shrimp AD Dispute (DS335)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395–3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395–4498. SUPPLEMENTARY INFORMATION: 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. In an effort to provide additional opportunity for comment, 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 six to nine months after it is established. Issue Raised by Ecuador On December 23, 2004, the Department of Commerce published in the Federal Register notice of its affirmative final less-than-fair-value (‘‘LTFV’’) determination in an investigation concerning certain frozen and canned warmwater shrimp from Ecuador (69 FR 76913). On February 1, 2005, Commerce published an amended E:\FR\FM\06DEN1.SGM 06DEN1 72688 Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices final LTFV determination, along with an antidumping duty order (69 FR 5156). The latter notice contains the final margins of LTFV sales, as provided in section 733 of the Tariff Act of 1930, as amended. In its request for consultations, Ecuador alleges that Commerce’s use of ‘‘zeroing’’ ‘‘ resulted in unfair and improper comparisons between the export price and the normal value, resulting in artificial and inflated margins of dumping where none existed,’’ and therefore violated Articles 1, 2.1, 2.2, 2.4, 2.4.2, 5.8, 6.10, 9.2, 9.3, 9.4, and 18.1 of the AD Agreement and 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 their comments either (i) electronically, to FR0603@ustr.eop.gov, Attn: ‘‘Ecuador Shrimp AD Dispute (DS335)’’ in the subject line, or (ii) by fax to Sandy McKinzy at (202) 395– 3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. 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. 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; VerDate Aug<31>2005 17:44 Dec 05, 2005 Jkt 205001 (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) Is encouraged to provide a nonconfidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. 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, the U.S. submissions to that panel, the submissions, or non-confidential summaries of submissions, to the panel received from other participants in the dispute, as well as the report of the panel; and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket No. WT/ DS–335, Ecuador Shrimp AD Dispute) may be made by calling the USTR Reading Room at (202) 395–6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E5–6907 Filed 12–5–05; 8:45 am] BILLING CODE 3190–W6–P Subject: Geneva, 10–13 October 2005, TC2 Within Europe, Intended effective date: 1 December 2005. Docket Number: OST–2005–22977. Date Filed: November 8, 2005. Parties: Members of the International Air Transport Association. Subject: Mail Vote 465—Resolution 010y, Special Passenger Amending Resolution from Korea (Rep.of) to Japan, Intended effective date: 15 November 2005. Docket Number: OST–2005–22978. Date Filed: November 8, 2005. Parties: Members of the International Air Transport Association. Subject: TC2 Within Europe, Geneva, 10–13 October 2005, Intended effective date: 15 January 2006. Docket Number: OST–2005–22963. Date Filed: November 7, 2005. Parties: Members of the International Air Transport Association. Subject: TC23/TC123 Mail Vote 458 between Middle East and South East Asia, Geneva, 12–14 September 2005, Intended effective date: 15 January 2006. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E5–6894 Filed 12–5–05; 8:45 am] BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION Office of the Secretary DEPARTMENT OF TRANSPORTATION Aviation Proceedings, Agreements filed the week ending November 11, 2005 Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending November 11, 2005 The following Agreements were filed with the Department of Transportation under the sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. Docket Number: OST–2005–23008. Date Filed: November 10, 2005. Parties: Members of the International Air Transport Association. Subject: PTC2 Within Africa Mail Vote 466, Special Passenger Amending Resolution 010z, From Cameroon to Africa, Intended effective date: 1 December 2005. Docket Number: OST–2005–22975. Date Filed: November 8, 2005. Parties: Members of the International Air Transport Association. The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: OST–2005–22935. Date Filed: November 7, 2005. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: November 28, 2005. Office of the Secretary PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Notices]
[Pages 72687-72688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6907]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS335]


WTO Dispute Settlement Proceeding Regarding United States--
Antidumping Measure on Shrimp From Ecuador

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 November 17, 2005, Ecuador 
requested consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning the final affirmative antidumping determination with respect 
to certain frozen warmwater shrimp from Ecuador issued by the U.S. 
Department of Commerce. That request may be found at http://www.wto.org 
contained in a document designated as WT/DS335/1. USTR invites written 
comments from the public concerning the issue 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 January 1, 2006 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0603@ustr.eop.gov, Attn: ``Ecuador Shrimp AD Dispute (DS335)'' in the 
subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. For 
documents sent by fax, USTR requests that the submitter provide a 
confirmation copy to the electronic mail address listed above.

FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508, (202) 395-4498.

SUPPLEMENTARY INFORMATION: 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. In an effort to provide additional opportunity for comment, 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 six to nine months after it is established.

Issue Raised by Ecuador

    On December 23, 2004, the Department of Commerce published in the 
Federal Register notice of its affirmative final less-than-fair-value 
(``LTFV'') determination in an investigation concerning certain frozen 
and canned warmwater shrimp from Ecuador (69 FR 76913). On February 1, 
2005, Commerce published an amended

[[Page 72688]]

final LTFV determination, along with an antidumping duty order (69 FR 
5156). The latter notice contains the final margins of LTFV sales, as 
provided in section 733 of the Tariff Act of 1930, as amended.
    In its request for consultations, Ecuador alleges that Commerce's 
use of ``zeroing'' `` resulted in unfair and improper comparisons 
between the export price and the normal value, resulting in artificial 
and inflated margins of dumping where none existed,'' and therefore 
violated Articles 1, 2.1, 2.2, 2.4, 2.4.2, 5.8, 6.10, 9.2, 9.3, 9.4, 
and 18.1 of the AD Agreement and 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 their 
comments either (i) electronically, to FR0603@ustr.eop.gov, Attn: 
``Ecuador Shrimp AD Dispute (DS335)'' in the subject line, or (ii) by 
fax to Sandy McKinzy at (202) 395-3640. For documents sent by fax, USTR 
requests that the submitter provide a confirmation copy to the 
electronic mail address listed above.
    USTR encourages the submission of documents in Adobe PDF format as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the same file 
as the submission itself, and not as separate files.
    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.
    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) Is encouraged to provide a non-confidential summary of the 
information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a file on this dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room, which is located at 1724 F 
Street, NW., Washington, DC 20508. 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, the U.S. 
submissions to that panel, the submissions, or non-confidential 
summaries of submissions, to the panel received from other participants 
in the dispute, as well as the report of the panel; and, if applicable, 
the report of the Appellate Body. An appointment to review the public 
file (Docket No. WT/DS-335, Ecuador Shrimp AD Dispute) may be made by 
calling the USTR Reading Room at (202) 395-6186. The USTR Reading Room 
is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., 
Monday through Friday.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E5-6907 Filed 12-5-05; 8:45 am]
BILLING CODE 3190-W6-P