WTO Dispute Settlement Proceeding Regarding Canada-Provisional Antidumping and Countervailing Duties on Grain Corn From the United States, 24763-24764 [E6-6221]
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
I have determined that Chad has
satisfied these two requirements.
Accordingly, pursuant to the
authority vested in the USTR by
Proclamation 7350, U.S. note 7(a) to
subchapter II of chapter 98 of the HTS
and U.S. note 1 to subchapter XIX of
chapter 98 of the HTS are each modified
by inserting Chad in alphabetical
sequence in the list of countries. The
foregoing modifications to the HTS are
effective with respect to articles entered,
or withdrawn from warehouse for
consumption, on or after the date of
publication of this notice. Importers
claiming preferential tariff treatment
under the AGOA for entries of textile
and apparel articles should ensure that
those entries meet the applicable visa
requirements. See Visa Requirements
Under the African Growth and
Opportunity Act, 66 FR 7837 (2001).
Rob Portman,
United States Trade Representative.
[FR Doc. E6–6224 Filed 4–25–06; 8:45 am]
BILLING CODE 3190–W6–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS–338]
WTO Dispute Settlement Proceeding
Regarding Canada—Provisional
Antidumping and Countervailing
Duties on Grain Corn From the United
States
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, in
accordance with the requirements for
submission set out below.
FOR FURTHER INFORMATION CONTACT:
David Yocis, Assistant General Counsel,
Office of the United States Trade
Representative, 600 17th Street, NW.,
Washington, DC 20508, (202) 395–6150.
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 nine months
after it is established.
Major Issues Raised by the United
States
On March 17, 2006, the United States
requested consultations regarding
Canada’s provisional antidumping and
countervailing duties on unprocessed
grain corn from the United States and
SUMMARY: The Office of the United
certain related measures. Those
States Trade Representative (USTR) is
measures include:
providing notice that on March 17,
• The imposition of provisional
2006, in accordance with the Marrakesh
antidumping and countervailing duties
Agreement Establishing the World Trade
on imports of unprocessed grain corn
Organization (‘‘WTO Agreement’’), the
from the United States on December 15,
United States requested consultations
2005 (Canada Gazette, Part I, Vol. 153,
regarding Canada’s provisional
No. 53, p. 4321, published December 31,
antidumping and countervailing duties
2005), including the preliminary
on imports of unprocessed grain corn
determination of injury by the Canadian
from the United States. That request
International Trade Tribunal (CITT) on
may be found at https://www.wto.org
November 15, 2005 (Canada Gazette,
contained in a document designated as
Part I, Vol. 153, No. 48, p. 3891,
WT/DS338/1. USTR invites written
published November 26, 2005) and the
comments from the public concerning
accompanying Statement of Reasons,
the issues raised in this dispute.
released on November 30, 2005 and
DATES: Although USTR will accept any
available on the CITT’s Web site at
comments received during the course of ftp://ftp.citt-tcce.gc.ca/doc/english/
the consultations, comments should be
Dumping/PreInq/determin/
submitted on or before May 12, 2006 to
pi2f001_e.pdf; and
be assured of timely consideration by
• The Special Import Measures Act,
USTR.
R.S. 1985, c. S–15, and any
ADDRESSES: Comments should be
amendments, implementing measures,
submitted (i) electronically, to
and related measures.
In its preliminary injury
FR0614@ustr.gov, with ‘‘Canada Corn
determination, the CITT did not address
Preliminary Injury (DS338)’’ in the
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
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24763
or otherwise refer to certain factors
mandated by the WTO agreements, such
as the volume of imports, the price of
imports, and the impact of imports on
the domestic industry. In addition, the
CITT expressly decided not to analyze
the evidence before it with respect to
causation, including the causal link
between imports and injury and injury
caused by factors other than imports.
Instead, the CITT decision is based
entirely on a supposed correlation
between past injury to the Canadian
domestic industry with past and
projected future declines in the U.S.
domestic price of grain corn, rather than
the mandatory factors in the agreements.
Further, the Special Import Measures
Act would appear to require the
imposition of antidumping and
countervailing duties upon a CITT
finding that the ‘‘dumping and
subsidizing’’ of subject goods, including
alleged effects of subsidies on the
domestic prices of those goods in the
market of the dumping or subsidizing
country, have injured Canada’s
domestic industry, even in the absence
of any finding of injury caused by
dumped or subsidized imports as
provided for in the WTO agreements.
USTR believes these measures are
inconsistent with Canada’s obligations
under Articles 1, 3, and 7 of the
Agreement on Implementation of Article
VI of the General Agreement on Tariffs
and Trade 1994 (‘‘AD Agreement’’),
Articles 10, 15, and 17 of the Agreement
on Subsidies and Countervailing
Measures (‘‘SCM Agreement’’), and
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 the dispute.
Comments should be submitted (i)
electronically, to FR0614@ustr.gov, with
‘‘Canada Corn Preliminary Injury
(DS338)’’ 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.
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24764
Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
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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. Persons who
submit confidential business
information are encouraged to also
provide a non-confidential summary of
the information.
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 or in the
event of an appeal from such a panel,
the U.S. submissions, the submissions,
or non-confidential summaries of
submissions, received from other
participants in the dispute; the report of
the panel and, if applicable, the report
of the Appellate Body. An appointment
to review the public file (Docket WTO/
DS–338, Canada Corn 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. E6–6221 Filed 4–25–06; 8:45 am]
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OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS–340]
WTO Dispute Settlement Proceeding
Regarding China—Measures Affecting
Imports of Automobile Parts
Switzerland, 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
On March 30, 2006, the United States
requested consultations regarding
China’s treatment of imported auto
parts. The measures through which
China has provided such treatment
include:
SUMMARY: The Office of the United
• Order No. 8 of the National
States Trade Representative (USTR) is
Development and Reform Commission
providing notice that on March 30,
2006, in accordance with the Marrakesh (May 21, 2004), Policy on Development
Agreement Establishing the World Trade of Automotive Industry;
Organization (WTO Agreement), the
• Decree 125 (April 1, 2005),
United States requested consultations
Measures for the Administration of
regarding China’s treatment of imported Importation of Automotive Parts and
motor vehicle parts, components, and
Components for Complete Vehicles;
accessories (‘‘auto parts’’). That request
• Customs General Administration
may be found at https://www.wto.org
Public Announcement No. 4 (April 1,
contained in a document designated as
2005), Rules for Determining Whether
WT/DS340/1. USTR invites written
Imported Automotive Parts and
comments from the public concerning
Components Constitute CBU Vehicles;
the issues raised in this dispute.
and
• Any amendments, related measures,
DATES: Although USTR will accept any
comments received during the course of or implementing measures.
China’s regulations appear to penalize
the consultations, comments should be
manufacturers for using imported auto
submitted on or before May 8, 2006 to
parts in the manufacture of vehicles for
be assured of timely consideration by
sale in China. Although China bound its
USTR.
tariffs for auto parts at rates significantly
ADDRESSES: Comments should be
lower than its tariff bindings for
submitted (i) electronically, to
complete vehicles, China appears to
FR0615@ustr.eop.gov, with China Auto
assess a charge on imported auto parts
Parts (DS340) in the subject line, or (ii)
equal to the tariff on complete vehicles,
by fax, to Sandy McKinzy at (202) 395–
if the imported parts are incorporated in
3640, with a confirmation copy sent
a vehicle that contains imported parts in
electronically to the electronic mail
excess of specified thresholds. To the
address above, in accordance with the
extent that the charge is applied when
requirements for submission set out
a vehicle is manufactured within China,
below.
it would appear to constitute a tax on
FOR FURTHER INFORMATION CONTACT: Jim
imported auto parts not imposed on like
Kelleher, Associate General Counsel,
domestic auto parts. The charge also
Office of the United States Trade
appears to be applied in a manner so as
Representative, 600 17th Street, NW.,
to afford protection to domestic
Washington, DC 20508, (202) 395–3858. products.
To the extent that the charge is
SUPPLEMENTARY INFORMATION: Section
imposed upon the importation of the
127(b) of the Uruguay Round
auto parts, it appears to constitute a
Agreements Act (URAA) (19 U.S.C.
charge in excess of those set forth in
3537(b)(1)) requires that notice and
China’s Schedule of Concessions and
opportunity for comment be provided
Commitments. Further, to the extent
after the United States submits or
China may be viewed as imposing a
receives a request for the establishment
lesser tariff on imported auto parts if the
of a WTO dispute settlement panel. In
final assembled vehicle contains
an effort to provide additional
specified amounts of local content, it
opportunity for comment, USTR is
providing notice that consultations have would be forgoing revenue otherwise
due, and China would appear to be
been requested pursuant to the WTO
Understanding on Rules and Procedures providing a subsidy contingent upon the
use of domestic rather than imported
Governing the Settlement of Disputes
goods. Finally, China’s regulations
(DSU). If such consultations should fail
specifically identify completely
to resolve the matter and a dispute
settlement panel is established pursuant knocked down (CKD) and semi-knocked
down (SKD) kits and appear to assess
to the DSU, such panel, which would
them the tariff for complete vehicles.
hold its meetings in Geneva,
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
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[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24763-24764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6221]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-338]
WTO Dispute Settlement Proceeding Regarding Canada--Provisional
Antidumping and Countervailing Duties on Grain Corn From the United
States
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 March 17, 2006, in accordance with the
Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement''), the United States requested consultations regarding
Canada's provisional antidumping and countervailing duties on imports
of unprocessed grain corn from the United States. That request may be
found at https://www.wto.org contained in a document designated as WT/
DS338/1. 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 consultations, comments should be submitted on or before
May 12, 2006 to be assured of timely consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0614@ustr.gov, with ``Canada Corn Preliminary Injury (DS338)'' 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, in accordance with the requirements for submission set out
below.
FOR FURTHER INFORMATION CONTACT: David Yocis, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-6150.
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 nine months after it is established.
Major Issues Raised by the United States
On March 17, 2006, the United States requested consultations
regarding Canada's provisional antidumping and countervailing duties on
unprocessed grain corn from the United States and certain related
measures. Those measures include:
The imposition of provisional antidumping and
countervailing duties on imports of unprocessed grain corn from the
United States on December 15, 2005 (Canada Gazette, Part I, Vol. 153,
No. 53, p. 4321, published December 31, 2005), including the
preliminary determination of injury by the Canadian International Trade
Tribunal (CITT) on November 15, 2005 (Canada Gazette, Part I, Vol. 153,
No. 48, p. 3891, published November 26, 2005) and the accompanying
Statement of Reasons, released on November 30, 2005 and available on
the CITT's Web site at ftp://ftp.citt-tcce.gc.ca/doc/english/Dumping/
PreInq/determin/pi2f001--e.pdf; and
The Special Import Measures Act, R.S. 1985, c. S-15, and
any amendments, implementing measures, and related measures.
In its preliminary injury determination, the CITT did not address
or otherwise refer to certain factors mandated by the WTO agreements,
such as the volume of imports, the price of imports, and the impact of
imports on the domestic industry. In addition, the CITT expressly
decided not to analyze the evidence before it with respect to
causation, including the causal link between imports and injury and
injury caused by factors other than imports. Instead, the CITT decision
is based entirely on a supposed correlation between past injury to the
Canadian domestic industry with past and projected future declines in
the U.S. domestic price of grain corn, rather than the mandatory
factors in the agreements. Further, the Special Import Measures Act
would appear to require the imposition of antidumping and
countervailing duties upon a CITT finding that the ``dumping and
subsidizing'' of subject goods, including alleged effects of subsidies
on the domestic prices of those goods in the market of the dumping or
subsidizing country, have injured Canada's domestic industry, even in
the absence of any finding of injury caused by dumped or subsidized
imports as provided for in the WTO agreements.
USTR believes these measures are inconsistent with Canada's
obligations under Articles 1, 3, and 7 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 (``AD Agreement''), Articles 10, 15, and 17 of the Agreement
on Subsidies and Countervailing Measures (``SCM Agreement''), and
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 the dispute. Comments should be
submitted (i) electronically, to FR0614@ustr.gov, with ``Canada Corn
Preliminary Injury (DS338)'' 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.
[[Page 24764]]
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.
Persons who submit confidential business information are encouraged to
also provide a non-confidential summary of the information.
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 or in the event
of an appeal from such a panel, the U.S. submissions, the submissions,
or non-confidential summaries of submissions, received from other
participants in the dispute; the report of the panel and, if
applicable, the report of the Appellate Body. An appointment to review
the public file (Docket WTO/DS-338, Canada Corn 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. E6-6221 Filed 4-25-06; 8:45 am]
BILLING CODE 3190-W6-P
