WTO Dispute Settlement Proceeding Regarding United States-Antidumping Measures on Shrimp From Thailand, 33495-33496 [E6-9034]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices and very high radiation areas because of the potential for overexposure. The primary purpose of this revision is to clarify the terminology related to the physical barriers that licensees could use to prevent unauthorized personnel access to high and very high radiation areas. The original version of Regulatory Guide 8.38 used the term ‘‘inadvertent entry’’ with two different connotations. As used in Section 1.5, ‘‘Physical Controls,’’ the term was intended to connote ‘‘not a willful violation.’’ In several other sections, however, ‘‘inadvertent entry’’ was used to mean ‘‘an accidental, or unintended, entry.’’ This disparity led to inconsistent readings of the staff’s regulatory position by licensees and other stakeholders. Consequently, in preparing this revision, the NRC staff rewrote Section 1.5 to eliminate the use of the term ‘‘inadvertent entry,’’ and provide additional guidance on the acceptability of physical barriers used to control access to high radiation areas. The staff also revised Section 1.6, ‘‘Shielding,’’ and Section 4.2, ‘‘Materials,’’ to explicitly state the staff’s regulatory positions, which were only implied in the original version. In addition, the staff updated Appendix B to include recent references that discuss industry experiences with high and very high radiation areas. Revision 1 to Regulatory Guide 8.38 does not change previous staff positions. Therefore, this revision does not constitute a backfit, as defined in 10 CFR 50.109. The NRC previously solicited public comment on this revised guide by publishing a Federal Register notice (70 FR 58490) concerning Draft Regulatory Guide DG–8028 on October 6, 2005. Following the closure of the public comment period on December 5, 2005, the staff considered all stakeholder comments in the course of preparing Revision 1 of Regulatory Guide 8.38. The staff’s responses to all comments received are available in the NRC’s Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/ adams.html, under Accession #ML061350247. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory VerDate Aug<31>2005 16:01 Jun 08, 2006 Jkt 208001 Commission, Washington, DC 20555– 0001. Hand-deliver comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission at (301) 415–5144. Requests for technical information about Revision 1 of Regulatory Guide 8.38 may be directed to Harriet Karagiannis at (301) 415–6377 or by email to HXK@nrc.gov. Regulatory guides are available for inspection or downloading through the NRC’s public Web site in the Regulatory Guides document collection of the NRC’s Electronic Reading Room at http://www.nrc.gov/reading-rm/doccollections/. Electronic copies of Revision 1 of Regulatory Guide 8.38 are also available in the NRC’s Agencywide Documents Access and Management System (ADAMS) at http:// www.nrc.gov/reading-rm/adams.html, under Accession #ML061350096. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland; the PDR’s mailing address is USNRC PDR, Washington, DC 20555–0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4205, by fax at (301) 415– 3548, and by e-mail to PDR@nrc.gov. Requests for single copies of draft or final guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future draft guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Reproduction and Distribution Services Section; by e-mail to DISTRIBUTION@nrc.gov; or by fax to (301) 415–2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 31st day of May, 2006. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E6–8975 Filed 6–8–06; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 33495 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS343] WTO Dispute Settlement Proceeding Regarding United States— Antidumping Measures on Shrimp From Thailand 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 April 24, 2006, Thailand requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning certain issues relating to the imposition of antidumping measures on shrimp from Thailand. That request may be found at http://www.wto.org contained in a document designated as WT/DS343/1. 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 June 30, 2006 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0619@ustr.eop.gov, Attn: ‘‘Thailand Shrimp Zeroing/Bond Dispute (DS343)’’ 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: Elissa Alben, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395–9622. 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, E:\FR\FM\09JNN1.SGM 09JNN1 33496 Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. jlentini on PROD1PC65 with NOTICES Major Issues Raised by Thailand On August 4, 2004, the Department of Commerce published in the Federal Register notice of its affirmative preliminary less-than-fair-value (‘‘LTFV’’) determination in an investigation concerning certain frozen and canned warm water shrimp from Thailand (69 FR 47,100). On December 23, 2004, the Department of Commerce published notice of its affirmative final LTFV determination (69 FR 76,918), and on February 1, 2005, the Department of Commerce published an amended final LTFV determination, along with an antidumping duty order, covering only certain frozen warm water shrimp from Thailand (70 FR 5145). 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, Thailand alleges that the United States ‘‘through its use of ‘zeroing’ * * * failed to make a fair comparison between the export price and the normal value, and calculated distorted margins of dumping,’’ and therefore violated Articles 1, 2.1, 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.8, 9.2 and 9.3 of the AD Agreement. In addition, Thailand alleges that the United States has imposed on importers a requirement to maintain a continuous entry bond in the amount of the anti-dumping duty margin multiplied by the value of imports of frozen warmwater shrimp imported by the importer in the preceding year, and that the continuous bond requirement and its application to goods subject to the order ‘‘constitute specific action against dumping not in accordance with’’ Article VI:2 of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’) and its Ad Article, as well as Articles 2, 7.1, 7.2, 7.5, 9.2, and 9.3 of the AD Agreement. Thailand also states that the continuous bond requirement as such and its application to imports of frozen warmwater shrimp from Thailand may be inconsistent with Articles I:1, II, III, XI:1 and XIII:1, and may not be justified under Article XX(d), 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 FR0619@ustr.eop.gov, Attn: ‘‘Thailand Shrimp Zeroing/Bond Dispute (DS343)’’ in the subject line, or VerDate Aug<31>2005 16:01 Jun 08, 2006 Jkt 208001 (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 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–343, Thailand Shrimp Zeroing/Bond PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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. E6–9034 Filed 6–8–06; 8:45 am] BILLING CODE 3190–W6–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–53592; File No. SR– NYSEArca–2006–21] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Approval of Market Data Fees for NYSE Arca Data June 7, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 23, 2006, the NYSE Arca, Inc. (‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary, NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’), proposes to establish market data fees for the receipt and use of market data that the Exchange makes available. The text of the proposed rule change is available below. Proposed new language is italicized. * * * * * Schedule of NYSE Arca Market Data Fees 1. Monthly Access Fees. A. Direct Access: $750 per set of four Logons B. Indirect Access: $750 2. Monthly Device Fees A. Professional Subscribers i. For ArcaBook information relating to Exchange-Traded Funds and CTA Plan Securities: $15.00 ii. For ArcaBook information relating to UTP Plan Securities (other than Exchange-Traded Funds): $15.00 1 15 2 17 E:\FR\FM\09JNN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 09JNN1

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[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33495-33496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9034]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS343]


WTO Dispute Settlement Proceeding Regarding United States--
Antidumping Measures on Shrimp From Thailand

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 April 24, 2006, Thailand 
requested consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning certain issues relating to the imposition of antidumping 
measures on shrimp from Thailand. That request may be found at http://
www.wto.org contained in a document designated as WT/DS343/1. 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 June 30, 2006 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0619@ustr.eop.gov, Attn: ``Thailand Shrimp Zeroing/Bond Dispute 
(DS343)'' 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: Elissa Alben, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-9622.

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,

[[Page 33496]]

Switzerland, would be expected to issue a report on its findings and 
recommendations within nine months after it is established.

Major Issues Raised by Thailand

    On August 4, 2004, the Department of Commerce published in the 
Federal Register notice of its affirmative preliminary less-than-fair-
value (``LTFV'') determination in an investigation concerning certain 
frozen and canned warm water shrimp from Thailand (69 FR 47,100). On 
December 23, 2004, the Department of Commerce published notice of its 
affirmative final LTFV determination (69 FR 76,918), and on February 1, 
2005, the Department of Commerce published an amended final LTFV 
determination, along with an antidumping duty order, covering only 
certain frozen warm water shrimp from Thailand (70 FR 5145). 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, Thailand alleges that the United 
States ``through its use of `zeroing' * * * failed to make a fair 
comparison between the export price and the normal value, and 
calculated distorted margins of dumping,'' and therefore violated 
Articles 1, 2.1, 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.8, 9.2 and 9.3 
of the AD Agreement. In addition, Thailand alleges that the United 
States has imposed on importers a requirement to maintain a continuous 
entry bond in the amount of the anti-dumping duty margin multiplied by 
the value of imports of frozen warmwater shrimp imported by the 
importer in the preceding year, and that the continuous bond 
requirement and its application to goods subject to the order 
``constitute specific action against dumping not in accordance with'' 
Article VI:2 of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994'') and its Ad Article, as well as Articles 2, 7.1, 7.2, 7.5, 9.2, 
and 9.3 of the AD Agreement. Thailand also states that the continuous 
bond requirement as such and its application to imports of frozen 
warmwater shrimp from Thailand may be inconsistent with Articles I:1, 
II, III, XI:1 and XIII:1, and may not be justified under Article XX(d), 
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 FR0619@ustr.eop.gov, Attn: 
``Thailand Shrimp Zeroing/Bond Dispute (DS343)'' 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-343, Thailand Shrimp Zeroing/Bond 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. E6-9034 Filed 6-8-06; 8:45 am]
BILLING CODE 3190-W6-P