WTO Dispute Settlement Proceeding Regarding United States Subsidies to Upland Cotton, 59541-59542 [E6-16682]

Download as PDF 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 http:// 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 http://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 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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 10OCN1 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 http://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 http://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 http://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