WTO Dispute Settlement Proceeding Regarding United States Subsidies to Upland Cotton, 59541-59542 [E6-16682]
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Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices
appropriate steps to remove the adverse
effects or withdraw the subsidies found
to cause adverse effects.’’ According to
[Docket No. WTO/DS–267]
Brazil, ‘‘[t]he United States’’ failure to
take these steps results in U.S. subsidies
WTO Dispute Settlement Proceeding
for upland cotton causing serious
Regarding United States Subsidies to
prejudice to the interests of Brazil,
Upland Cotton
within the meaning of Articles 5(c) and
AGENCY: Office of the United States
6.3 of the [Agreement on Subsidies and
Trade Representative.
Countervailing Measures (‘SCM
Agreeement’).’’ Brazil contends that the
ACTION: Notice; request for comments.
U.S. subsidies at issue are ‘‘the U.S.
SUMMARY: The Office of the United
marketing loan, counter-cyclical and
States Trade Representative (USTR) is
Step 2 payment programs under the
providing notice that Brazil has
[Farm Security and Rural Investment
requested the establishment of a dispute Act (‘FSRI Act’)] of 2002, as amended,
settlement panel under the Marrakesh
taken alone and/or considered together,
Agreement Establishing the World Trade as well as payments made under these
Organization (‘‘WTO Agreement’’). That programs. * * *’’ Noting the repeal of
request may be found at https://
the Step 2 program effective August 1,
www.wto.org contained in a document
2006, Brazil contends, in the alternative,
designated as WT/DS267/30. USTR
that the U.S. subsidies at issue are ‘‘the
invites written comments from the
U.S. marketing loan and counterpublic concerning the issues raised in
cyclical payment programs under the
this dispute.
FSRI Act of 2002, as amended, as well
as payments made under these
DATES: Although the USTR will accept
programs. * * *’’
any comments received during the
Brazil also claims that ‘‘the United
course of the dispute settlement
States threatens to cause serious
proceedings, comments should be
prejudice to the interests of Brazil,
submitted on or before November 1,
within the meaning of Articles 5(c) and
2006, to be assured of timely
6.3 of the SCM Agreement, and footnote
consideration by USTR.
13 thereto,’’ in the sense of threat of
ADDRESSES: Comments should be
significant price suppression ‘‘in the
submitted (i) Wlectronically, to
world market for upland cotton in
FR0630@ustr.gov, Attn: ‘‘United
marketing years 2006 and until the
States—Subsidies on Upland Cotton’’ in
expiry of [the marketing loan and
the subject line, or (ii) by fax, to Sandy
counter-cyclical payment] programs.’’
McKinzy (Attn: United States—
In addition, Brazil presents claims
Subsidies on Upland Cotton) at 202–
relating to the ‘‘prohibited [export credit
395–3640, with a confirmation copy
guarantee program (‘‘ECG’’)] related
sent electronically to the e-mail address export subsidies.’’ Brazil alleges that the
above.
United States has taken ‘‘no action’’
FOR FURTHER INFORMATION CONTACT:
with respect to guarantees provided
Behnaz L. Kibria, Assistant General
prior to July 1, 2005, the deadline for
Counsel, Office of the United States
implementation, under the three
Trade Representative, 600 17th Street,
programs at issue in the original
NW., Washington, DC, (202) 395–9589.
dispute—GSM–102, GSM–103, and the
SUPPLEMENTARY INFORMATION: If a
Supplier Credit Guarantee Program
dispute settlement panel is established,
(‘‘SCGP’’). Brazil also alleges that, with
such panel, which would hold its
respect to GSM–102, the SCGP, and
meetings in Geneva, Switzerland, may
guarantees provided thereunder after
issue a report on its findings and
the date for implementation, the U.S.
recommendations within 90 days after
measures taken to comply are
referral of the matter to it.
inconsistent with Articles 10.1 and 8 of
the Agreement on Agriculture, Articles
Major Issues Raised by Brazil
1, 3.1(a), and 3.2 of the SCM Agreement,
In its panel request, Brazil alleges that and item (j) to the Illustrative List of
the United States has not fully complied Export subsidies in Annex I to the SCM
with the recommendations and rulings
Agreement.
of the Dispute Settlement Body from the
Public Comment: Requirements for
original dispute. The recommendations
Submissions
and rulings stem from the panel and
Interested persons are invited to
Appellate Body reports which may be
found at https://www.wto.org designated submit written comments concerning
the issues raised in this dispute. Persons
as WT/DS267/R and WT/DS267/AB/R,
submitting comments may either send
respectively.
one copy by fax to Sandy McKinzy at
Specifically, Brazil alleges that ‘‘the
(202) 395–3640, or transmit a copy
United States has failed to take
jlentini on PROD1PC65 with NOTICES
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
VerDate Aug<31>2005
16:42 Oct 06, 2006
Jkt 211001
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59541
electronically to FR0630@ustr.gov.eop,
with ‘‘United States—Subsidies on
Upland Cotton’’ in the subject line. 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 of the
submission.
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 submitting person
believes that information or advice may
qualify as such, the submitting person—
(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 each page 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
E:\FR\FM\10OCN1.SGM
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59542
Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices
of the Appellate Body. An appointment
to review the public file 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 E. Brinza,
Assistant United States Trade Representative,
for Monitoring and Enforcement.
[FR Doc. E6–16682 Filed 10–6–06; 8:45 am]
BILLING CODE 3190–W7–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS–343]
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.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that on September 15,
2006, Thailand requested the
establishment of a panel under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’). That request may be
found at https://www.wto.org contained
in a document designated as WT/
DS343/7. 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 November 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
VerDate Aug<31>2005
16:42 Oct 06, 2006
Jkt 211001
receives a request for the establishment
of a WTO dispute settlement panel.
Consistent with this obligation, USTR is
providing notice that a dispute
settlement panel has been requested
pursuant to the WTO Understanding on
Rules and Procedures Governing the
Settlement of Disputes (‘‘DSU’’). The
panel will hold its meetings in Geneva,
Switzerland.
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 the establishment of
a panel, Thailand alleges that the United
States used ‘‘the practice known as
‘zeroing’ to calculate dumping margins
for each investigated Thai exporter’’ and
that ‘‘[t]he effect of the use of this
practice was ‘artificially’ to create
margins of dumping where none would
otherwise have been found or, at a
minimum, to inflate margins of
dumping and hence to impose
inaccurate definitive antidumping
measures on imports of shrimp from
Thailand,’’ in violation of Articles 2.4.2,
2.1, 2.4, and 9.3 of the AD Agreement.
In addition, Thailand alleges that the
United States has imposed on importers
of shrimp from Thailand a requirement
to maintain a continuous entry bond in
the amount of the applicable antidumping duty margin multiplied by the
value of imports of shrimp imported by
the importer in the preceding year, and
that the imposition of the continuous
bond requirement on importers of
shrimp from Thailand ‘‘constitutes
specific action against dumping’’ not in
accordance with Article 18.1 of the AD
Agreement. Thailand also states that the
imposition of the continuous bond
requirement on importers of shrimp
from Thailand is inconsistent with
GATT Article IV:2 and Note 1,
paragraphs 2 and 3 to Ad Article VI of
the GATT, as well as Articles 7.2, 7.4,
7.5, 9.1, 9.2, and 9.3 of the AD
Agreement, that it ‘‘constitutes a
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
restriction on importation prohibited
under Article XI:1’’ or alternately is
inconsistent with Article I:1 or Article
II:1(a) and (b) of the GATT, and that by
applying the continuous bond
requirement to shrimp from Thailand
and five other countries, the United
States fails to administer its customs
laws, regulations, and administrative
rulings in a uniform, impartial, or
reasonable manner, in violation of
GATT Article X:3(a). Thailand also
states that the continuous bond
requirement is not justified under
Article XX(d) of the GATT, in particular
because it is not necessary to secure
compliance with U.S. laws and
regulations and has been applied in a
manner constituting arbitrary and
unjustifiable discrimination and a
disguised restriction on international
trade.
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.
E:\FR\FM\10OCN1.SGM
10OCN1
]]>Agencies
[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Notices]
[Pages 59541-59542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16682]
[[Page 59541]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-267]
WTO Dispute Settlement Proceeding Regarding United States
Subsidies to Upland Cotton
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 Brazil has requested the establishment of a
dispute settlement panel under the Marrakesh Agreement Establishing the
World Trade Organization (``WTO Agreement''). That request may be found
at https://www.wto.org contained in a document designated as WT/DS267/
30. USTR invites written comments from the public concerning the issues
raised in this dispute.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before November 1, 2006, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) Wlectronically, to
FR0630@ustr.gov, Attn: ``United States--Subsidies on Upland Cotton'' in
the subject line, or (ii) by fax, to Sandy McKinzy (Attn: United
States--Subsidies on Upland Cotton) at 202-395-3640, with a
confirmation copy sent electronically to the e-mail address above.
FOR FURTHER INFORMATION CONTACT: Behnaz L. Kibria, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC, (202) 395-9589.
SUPPLEMENTARY INFORMATION: If a dispute settlement panel is
established, such panel, which would hold its meetings in Geneva,
Switzerland, may issue a report on its findings and recommendations
within 90 days after referral of the matter to it.
Major Issues Raised by Brazil
In its panel request, Brazil alleges that the United States has not
fully complied with the recommendations and rulings of the Dispute
Settlement Body from the original dispute. The recommendations and
rulings stem from the panel and Appellate Body reports which may be
found at https://www.wto.org designated as WT/DS267/R and WT/DS267/AB/R,
respectively.
Specifically, Brazil alleges that ``the United States has failed to
take appropriate steps to remove the adverse effects or withdraw the
subsidies found to cause adverse effects.'' According to Brazil,
``[t]he United States'' failure to take these steps results in U.S.
subsidies for upland cotton causing serious prejudice to the interests
of Brazil, within the meaning of Articles 5(c) and 6.3 of the
[Agreement on Subsidies and Countervailing Measures (`SCM
Agreeement').'' Brazil contends that the U.S. subsidies at issue are
``the U.S. marketing loan, counter-cyclical and Step 2 payment programs
under the [Farm Security and Rural Investment Act (`FSRI Act')] of
2002, as amended, taken alone and/or considered together, as well as
payments made under these programs. * * *'' Noting the repeal of the
Step 2 program effective August 1, 2006, Brazil contends, in the
alternative, that the U.S. subsidies at issue are ``the U.S. marketing
loan and counter-cyclical payment programs under the FSRI Act of 2002,
as amended, as well as payments made under these programs. * * *''
Brazil also claims that ``the United States threatens to cause
serious prejudice to the interests of Brazil, within the meaning of
Articles 5(c) and 6.3 of the SCM Agreement, and footnote 13 thereto,''
in the sense of threat of significant price suppression ``in the world
market for upland cotton in marketing years 2006 and until the expiry
of [the marketing loan and counter-cyclical payment] programs.''
In addition, Brazil presents claims relating to the ``prohibited
[export credit guarantee program (``ECG'')] related export subsidies.''
Brazil alleges that the United States has taken ``no action'' with
respect to guarantees provided prior to July 1, 2005, the deadline for
implementation, under the three programs at issue in the original
dispute--GSM-102, GSM-103, and the Supplier Credit Guarantee Program
(``SCGP''). Brazil also alleges that, with respect to GSM-102, the
SCGP, and guarantees provided thereunder after the date for
implementation, the U.S. measures taken to comply are inconsistent with
Articles 10.1 and 8 of the Agreement on Agriculture, Articles 1,
3.1(a), and 3.2 of the SCM Agreement, and item (j) to the Illustrative
List of Export subsidies in Annex I to the SCM Agreement.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons submitting
comments may either send one copy by fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to FR0630@ustr.gov.eop, with
``United States--Subsidies on Upland Cotton'' in the subject line. 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 of the
submission.
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 submitting person believes that
information or advice may qualify as such, the submitting person--
(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 each page 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
[[Page 59542]]
of the Appellate Body. An appointment to review the public file 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 E. Brinza,
Assistant United States Trade Representative, for Monitoring and
Enforcement.
[FR Doc. E6-16682 Filed 10-6-06; 8:45 am]
BILLING CODE 3190-W7-P
