WTO Dispute Settlement Proceeding Regarding China-Measures Affecting Imports of Automobile Parts, 24764-24765 [E6-6222]
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
wwhite on PROD1PC61 with NOTICES
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]
BILLING CODE 3190–W6–P
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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:
PO 00000
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
wwhite on PROD1PC61 with NOTICES
USTR believes these measures are
inconsistent with China’s obligations
under Article 2 of the Agreement on
Trade-Related Investment Measures,
Articles II and III of the General
Agreement on Tariffs and Trade 1994,
Article 3 of the Agreement on Subsidies
and Countervailing Measures, and Parts
I.1.2 and I.1.7 of the Protocol on the
Accession of the People’s Republic of
China, including paragraphs 93 and 203
of the Working Party Report.
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 FR0615@ustr.eop.gov,
with ‘‘China Auto Parts (DS340)’’ 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. 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
VerDate Aug<31>2005
16:58 Apr 25, 2006
Jkt 208001
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. The USTR
Reading Room is open to the public, by
appointment only, from 10 a.m. to noon
and 1 p.m. to 4 p.m., Monday through
Friday. An appointment to review the
public file (Docket WTO/DS–340, China
Auto Parts Dispute) may be made by
calling the USTR Reading Room at (202)
395–6186.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E6–6222 Filed 4–25–06; 8:45 am]
BILLING CODE 3190–W6–P
SECURITIES AND EXCHANGE
COMMISSION
[Securities Exchange Act of 1934 Release
No. 53684]
Order Extending Term of Short Sale
Pilot
April 20, 2006.
On June 23, 2004, the Securities and
Exchange Commission (‘‘Commission’’)
approved new and amended short sale
regulations in Regulation SHO under
the Securities Exchange Act of 1934 (the
‘‘Act’’).1 On July 28, 2004, the
Commission issued an order (‘‘First
Pilot Order’’) creating a one year Pilot
(‘‘Pilot’’) suspending the provisions of
Rule 10a–1(a) under the Act 2 and any
short sale price test of any exchange or
national securities association for short
sales 3 of certain securities.4 The Pilot
1 Securities Exchange Act Release No. 50103 (July
28, 2004), 69 FR 48008 (August 6, 2004) (‘‘Adopting
Release’’).
2 17 CFR 240.10a–1.
3 ‘‘Short sale’’ is defined in Rule 200 of Regulation
SHO, 17 CFR 242.200.
4 Securities Exchange Act Release No. 50104 (July
28, 2004), 69 FR 48032 (August 6, 2004).
PO 00000
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24765
was created pursuant to Rule 202T of
Regulation SHO, which established
procedures to allow the Commission to
temporarily suspend short sale price
tests so that the Commission could
study the effectiveness of short sale
price tests.5 The First Pilot Order
provided that the Pilot would
commence on January 3, 2005 and
terminate on December 31, 2005, and
that we might issue further orders
affecting the operation of the First Pilot
Order.6 On November 29, 2004, we
issued an order (‘‘Second Pilot Order’’)
resetting the Pilot to commence on May
2, 2005 and end on April 28, 2006 to
give market participants additional time
to make system changes necessary to
comply with the Pilot.7 We are issuing
this Order (‘‘Third Pilot Order’’) to
extend the termination date of the Pilot
to August 6, 2007, the date on which
temporary Rule 202T expires. Extension
of the Pilot termination date will
maintain the status quo with regard to
price tests for Pilot securities and
system designs of market participants
while the staff completes its analysis of
the Pilot results and the Commission
conducts any additional short sale
rulemaking. All other terms of the First
Pilot Order remain unchanged. We may
issue further orders affecting the
operation of the Pilot. For the reasons
discussed below, the Commission finds
that extension of the Pilot is necessary
and appropriate in the public interest
and consistent with the protection of
investors.8
Specifically, the First Pilot Order suspended price
tests for the following: (1) Short sales in the
securities identified in Appendix A to the First
Pilot Order; (2) short sales in the securities included
in the Russell 1000 index effected between 4:15
p.m. EST and the open of the effective transaction
reporting plan of the Consolidated Tape Association
(‘‘consolidated tape’’) on the following day; and (3)
short sales in any security not included in
paragraphs (1) and (2) effected in the period
between the close of the consolidated tape and the
open of the consolidated tape on the following day.
5 69 FR at 48012–13. We stated in the Adopting
Release that conducting a pilot pursuant to Rule
202T would ‘‘allow us to obtain data on the impact
of short selling in the absence of a price test to assist
in determining, among other things, the extent to
which a price test is necessary to further the
objectives of short sale regulation, to study the
effects of relatively unrestricted short selling on
market volatility, price efficiency, and liquidity,
and to obtain empirical data to help assess whether
a short sale price test should be removed, in part
or in whole, for some or all securities, or if retained,
should be applied to additional securities.’’ Id. at
48009.
6 69 FR at 48033.
7 Securities Exchange Act Release No. 50747
(November 29, 2004), 69 FR 70480 (December 6,
2004).
8 See Section 36 of the Act. In addition, pursuant
to Section 3(f) of the Act, we considered the impact
of this extension on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
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]]>Agencies
[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24764-24765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6222]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-340]
WTO Dispute Settlement Proceeding Regarding China--Measures
Affecting Imports of Automobile Parts
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 30, 2006, in accordance with the
Marrakesh Agreement Establishing the World Trade Organization (WTO
Agreement), the United States requested consultations regarding China's
treatment of imported motor vehicle parts, components, and accessories
(``auto parts''). That request may be found at https://www.wto.org
contained in a document designated as WT/DS340/1. 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 8, 2006 to be assured of timely consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0615@ustr.eop.gov, with China Auto Parts (DS340) 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: Jim Kelleher, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3858.
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 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:
Order No. 8 of the National Development and Reform
Commission (May 21, 2004), Policy on Development of Automotive
Industry;
Decree 125 (April 1, 2005), Measures for the
Administration of Importation of Automotive Parts and Components for
Complete Vehicles;
Customs General Administration Public Announcement No. 4
(April 1, 2005), Rules for Determining Whether Imported Automotive
Parts and Components Constitute CBU Vehicles; and
Any amendments, related measures, or implementing
measures.
China's regulations appear to penalize manufacturers for using
imported auto parts in the manufacture of vehicles for sale in China.
Although China bound its tariffs for auto parts at rates significantly
lower than its tariff bindings for complete vehicles, China appears to
assess a charge on imported auto parts equal to the tariff on complete
vehicles, if the imported parts are incorporated in a vehicle that
contains imported parts in excess of specified thresholds. To the
extent that the charge is applied when a vehicle is manufactured within
China, it would appear to constitute a tax on imported auto parts not
imposed on like domestic auto parts. The charge also appears to be
applied in a manner so as to afford protection to domestic products.
To the extent that the charge is imposed upon the importation of
the auto parts, it appears to constitute a charge in excess of those
set forth in China's Schedule of Concessions and Commitments. Further,
to the extent China may be viewed as imposing a lesser tariff on
imported auto parts if the final assembled vehicle contains specified
amounts of local content, it would be forgoing revenue otherwise due,
and China would appear to be providing a subsidy contingent upon the
use of domestic rather than imported goods. Finally, China's
regulations specifically identify completely knocked down (CKD) and
semi-knocked down (SKD) kits and appear to assess them the tariff for
complete vehicles.
[[Page 24765]]
USTR believes these measures are inconsistent with China's
obligations under Article 2 of the Agreement on Trade-Related
Investment Measures, Articles II and III of the General Agreement on
Tariffs and Trade 1994, Article 3 of the Agreement on Subsidies and
Countervailing Measures, and Parts I.1.2 and I.1.7 of the Protocol on
the Accession of the People's Republic of China, including paragraphs
93 and 203 of the Working Party Report.
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 FR0615@ustr.eop.gov, with ``China Auto
Parts (DS340)'' 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.
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. The USTR Reading Room is
open to the public, by appointment only, from 10 a.m. to noon and 1
p.m. to 4 p.m., Monday through Friday. An appointment to review the
public file (Docket WTO/DS-340, China Auto Parts Dispute) may be made
by calling the USTR Reading Room at (202) 395-6186.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E6-6222 Filed 4-25-06; 8:45 am]
BILLING CODE 3190-W6-P
