WTO Dispute Settlement Proceeding Regarding United States-Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties, 44723-44724 [E6-12788]
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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices
2. With respect to eligible products of
Bahrain (i.e., goods and services covered
by the Schedules of the United States in
Annexes 9–A–1 and 9–A–2 of the
Bahrain FTA) and suppliers of such
products, the application of any law,
regulation, procedure, or practice
regarding government procurement that
would, if applied to such products and
suppliers, result in treatment less
favorable than accorded—
(A) To United States products and
suppliers of such products; or
(B) To eligible products of another
foreign country or instrumentality
which is a party to the Agreement on
Government Procurement referred to in
section 101(d)(17) of the Uruguay
Round Agreements Act (19 U.S.C.
3511(d)(17)) and suppliers of such
products, shall be waived.
With respect to Bahrain, this waiver
shall be applied by all entities listed in
the Schedules of the United States in
Annex 9–A–1 and in List A of Annex 9–
A–2 of the Bahrain FTA.
3. The designation in paragraph 1 and
the waiver in paragraph 2 are subject to
modification or withdrawal by the
United States Trade Representative.
Susan C. Schwab,
United States Trade Representative.
[FR Doc. E6–12792 Filed 8–4–06; 8:45 am]
BILLING CODE 3190–W6–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS345]
WTO Dispute Settlement Proceeding
Regarding United States—Customs
Bond Directive for Merchandise
Subject to Anti-Dumping/
Countervailing Duties
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that on June 6, 2006,
India requested consultations with the
United States under the Marrakesh
Agreement Establishing the World
Trade Organization (‘‘WTO Agreement’’)
concerning certain issues relating to
Customs Bond Directive 99–3510–004,
as amended by the Amendment to Bond
Directive 99–3510–004 (July 9, 2004),
and clarifications and amendments
thereof. That request may be found at
https://www.wto.org contained in a
document designated as WT/DS345/1.
USTR invites written comments from
the public concerning the issues raised
in this dispute.
VerDate Aug<31>2005
17:19 Aug 04, 2006
Jkt 208001
Although USTR will accept any
comments received during the course of
the dispute settlement proceedings,
comments should be submitted on or
before August 18, 2006 to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0624@ustr.eop.gov, Attn: ‘‘India Bond
Dispute (DS345)’’ 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: 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.
DATES:
Major Issues Raised by India
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
India (69 FR 47,111). On December 23,
2004, the Department of Commerce
published notice of its affirmative final
LTFV determination (69 FR 76,916), 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
India (70 FR 5147). 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, India
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 Customs Bond
Directive 99–3510–004, as amended on
July 9, 2004 (and any clarifications and
amendments thereof) as such constitutes
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Fmt 4703
Sfmt 4703
44723
specific action against dumping and
subsidization not in accordance with
GATT 1994 Article VI:2 and 3, as well
as Articles 1, and 18.1 of the AD
Agreement and Articles 10 and 32.1 of
the Subsidies Agreement, that it results
in charges in excess of the margin of
dumping or amount of subsidy that are
not in accordance with GATT 1994
Articles VI:2 and VI:3, and that it is
unreasonable as security for payment of
antidumping and countervailing duties
and therefore inconsistent with Note Ad
paragraphs 2 and 3 of GATT 1994
Article VI. India further alleges that the
continuous bond requirement as such is
inconsistent with Articles 7.1, 7.2, 7.4,
and 7.5 of the AD Agreement and
Articles 17.1, 17.2, 17.4, and 17.5 of the
Subsidies Agreement to the extent that
it may be characterized as a provisional
measure or is applied prior to the
imposition of definitive antidumping
duties, and that it is inconsistent with
Articles 9.2 and 9.3 of the AD
Agreement and Articles 19.3 and 19.4 of
the Subsidies Agreement. India further
states that because the amended
directive was not published in the
Federal Register or the Customs
Bulletin of the United States, it is
inconsistent with GATT 1994 Article X,
AD Agreement Article 18.5, and
Subsidies Agreement Article 32.5. India
alleges that the measure as such is
inconsistent with GATT 1994 Article I
and II as a charge in excess of that
imposed or mandatorily required by
legislation on the date of entry into force
of the GATT, and that it is inconsistent
with GATT 1994 Article XI as a
restriction other than a duty, tax or
other charge and GATT 1994 Article
XIII to the extent it is applied in a
discriminatory manner. India also states
that the application of the continuous
bond requirement to imports of frozen
warmwater shrimp from India is
inconsistent with Articles I, II, VI:2
(including Note 1 Ad Paragraphs 2 and
3 of Article VI) XI, and XIII of the
GATT, and Articles 1, 7.1, 7.2, 7.4, 7.5,
9.2, 9.3, 9.3.1 and 18.1 of the AD
Agreement.
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 FR0624@ustr.eop.gov,
Attn: ‘‘India Bond Dispute (DS345)’’ 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.
E:\FR\FM\07AUN1.SGM
07AUN1
sroberts on PROD1PC70 with NOTICES
44724
Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices
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–345, India Bond Dispute) may be
made by calling the USTR Reading
Room at (202) 395–6186. The USTR
Reading Room is open to the public
VerDate Aug<31>2005
17:19 Aug 04, 2006
Jkt 208001
from 9:30 a.m. to noon and 1 p.m. to 4
p.m., Monday through Friday.
include a mailing address with your
request.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E6–12788 Filed 8–4–06; 8:45 am]
DATES:
BILLING CODE 3190–W6–P
OFFICE OF PERSONNEL
MANAGEMENT
Proposed Collection; Comment
Request for Review of a New
Information Collection; OPM Form
1655 and OPM Form 1655–A
Office of Personnel
Management.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995
(Public Law 104–13, May 22, 1995), this
notice announces that the Office of
Personnel Management (OPM) intends
to submit to the Office of Management
and Budget (OMB) a request for review
of a new information collection. OPM
1655, Application for Senior
Administrative Law Judge, and OPM
1655–A, Geographic Preference
Statement for Senior Administrative
Law Judge Applicant, are used by
retired Administrative Law Judges
seeking reemployment on a temporary
and intermittent basis to complete
hearings of one or more specified case(s)
in accordance with the Administrative
Procedures Act of 1946.
Approximately 150 OPM 1655 are
completed annually. Each form takes
approximately 30–45 minutes to
complete. The annual estimated burden
is 94 hours. Approximately 200 OPM
1655–A are completed annually. Each
form takes approximately 15–25
minutes to complete. The annual
estimated burden is 67 hours.
Comments are particularly invited on:
• Whether this information is
necessary for the proper performance of
functions of OPM, and whether it will
have practical utility;
• Whether our estimates of the public
burden of this collection of information
is accurate, and based on valid
assumptions and methodology;
• And ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
For copies of this proposal, contact
Mary Beth Smith-Toomey on (202) 606–
8358, Fax (202) 418–3251 or e-mail to
mbtoomey@opm.gov. Please be sure to
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Frm 00120
Fmt 4703
Sfmt 4703
Comments on this proposal
should be received within 60 calendar
days from the date of this publication.
ADDRESSES: Send or deliver comments
to—Juanita H. Love, Program Manager,
Administrative Law Judge Program
Office, Human Capital Leadership &
Merit System, Accountability Division,
U.S. Office of Personnel Management,
1900 E Street, NW., Room 7425,
Washington, DC 20415.
FOR INFORMATION REGARDING
ADMINISTRATIVE COORDINATION CONTACT:
Karyn D. Lusby, Program Analyst,
Administrative Law Judge Program
Office, Human Capital Leadership &
Merit System, Accountability Division,
U.S. Office of Personnel Management,
1900 E Street, NW., Room 7425,
Washington, DC 20415,
karyn.lusby@opm.gov.
Office of Personnel Management.
Dan G. Blair,
Deputy Director.
[FR Doc. E6–12784 Filed 8–4–06; 8:45 am]
BILLING CODE 6325–43–P
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
SUMMARY: This gives notice of OPM
decisions granting authority to make
appointments under Schedules A, B,
and C in the excepted service as
required by 5 CFR 6.6 and 213.103.
FOR FURTHER INFORMATION CONTACT:
David Guilford, Center for Leadership
and Executive Resources Policy,
Division for Strategic Human Resources
Policy, 202–606–1391.
SUPPLEMENTARY INFORMATION: Appearing
in the listing below are the individual
authorities established under Schedules
A, B, and C between June 1, 2006, and
June 30, 2006. Future notices will be
published on the fourth Tuesday of each
month, or as soon as possible thereafter.
A consolidated listing of all authorities
as of June 30 is published each year.
Schedule A
No Schedule A appointments were
approved for June 2006.
Schedule B
No Schedule B appointments were
approved for June 2006.
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Notices]
[Pages 44723-44724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12788]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS345]
WTO Dispute Settlement Proceeding Regarding United States--
Customs Bond Directive for Merchandise Subject to Anti-Dumping/
Countervailing Duties
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 June 6, 2006, India requested
consultations with the United States under the Marrakesh Agreement
Establishing the World Trade Organization (``WTO Agreement'')
concerning certain issues relating to Customs Bond Directive 99-3510-
004, as amended by the Amendment to Bond Directive 99-3510-004 (July 9,
2004), and clarifications and amendments thereof. That request may be
found at https://www.wto.org contained in a document designated as WT/
DS345/1. 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 August 18, 2006 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0624@ustr.eop.gov, Attn: ``India Bond Dispute (DS345)'' 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: 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.
Major Issues Raised by India
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 India (69 FR 47,111). On
December 23, 2004, the Department of Commerce published notice of its
affirmative final LTFV determination (69 FR 76,916), 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 India (70 FR 5147). 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, India 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 Customs Bond Directive 99-
3510-004, as amended on July 9, 2004 (and any clarifications and
amendments thereof) as such constitutes specific action against dumping
and subsidization not in accordance with GATT 1994 Article VI:2 and 3,
as well as Articles 1, and 18.1 of the AD Agreement and Articles 10 and
32.1 of the Subsidies Agreement, that it results in charges in excess
of the margin of dumping or amount of subsidy that are not in
accordance with GATT 1994 Articles VI:2 and VI:3, and that it is
unreasonable as security for payment of antidumping and countervailing
duties and therefore inconsistent with Note Ad paragraphs 2 and 3 of
GATT 1994 Article VI. India further alleges that the continuous bond
requirement as such is inconsistent with Articles 7.1, 7.2, 7.4, and
7.5 of the AD Agreement and Articles 17.1, 17.2, 17.4, and 17.5 of the
Subsidies Agreement to the extent that it may be characterized as a
provisional measure or is applied prior to the imposition of definitive
antidumping duties, and that it is inconsistent with Articles 9.2 and
9.3 of the AD Agreement and Articles 19.3 and 19.4 of the Subsidies
Agreement. India further states that because the amended directive was
not published in the Federal Register or the Customs Bulletin of the
United States, it is inconsistent with GATT 1994 Article X, AD
Agreement Article 18.5, and Subsidies Agreement Article 32.5. India
alleges that the measure as such is inconsistent with GATT 1994 Article
I and II as a charge in excess of that imposed or mandatorily required
by legislation on the date of entry into force of the GATT, and that it
is inconsistent with GATT 1994 Article XI as a restriction other than a
duty, tax or other charge and GATT 1994 Article XIII to the extent it
is applied in a discriminatory manner. India also states that the
application of the continuous bond requirement to imports of frozen
warmwater shrimp from India is inconsistent with Articles I, II, VI:2
(including Note 1 Ad Paragraphs 2 and 3 of Article VI) XI, and XIII of
the GATT, and Articles 1, 7.1, 7.2, 7.4, 7.5, 9.2, 9.3, 9.3.1 and 18.1
of the AD Agreement.
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 FR0624@ustr.eop.gov, Attn:
``India Bond Dispute (DS345)'' 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.
[[Page 44724]]
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-345, India 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. E6-12788 Filed 8-4-06; 8:45 am]
BILLING CODE 3190-W6-P
