WTO Dispute Settlement Proceeding Regarding United States-Antidumping Measures on Shrimp From Thailand, 59542-59543 [E6-16692]
Download as PDF
<![CDATA[
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
Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices
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 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 E. Brinza,
Assistant United States Trade Representative,
for Monitoring and Enforcement.
[FR Doc. E6–16692 Filed 10–6–06; 8:45 am]
parts’’). That request may be found at
https://www.wto.org contained in a
document designated as WT/DS340/8.
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, 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
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: Pursuant
to section 127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C.
3537(b)(1)), USTR is providing notice
that the United States has requested the
establishment of a WTO dispute
settlement panel pursuant to the WTO
Understanding on Rules and Procedures
Governing the Settlement of Disputes
(‘‘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.
jlentini on PROD1PC65 with NOTICES
BILLING CODE 3190–W7–P
Major Issues Raised by the United
States
China’s regulations on imported auto
OFFICE OF THE UNITED STATES
parts appear to penalize manufacturers
TRADE REPRESENTATIVE
for using imported auto parts in the
[Docket No. WTO/DS–340]
manufacture of vehicles in China.
Although China bound its tariffs for
WTO Dispute Settlement Proceeding
Regarding China—Measures Affecting auto parts at rates significantly lower
than its tariff bindings for complete
Imports of Automobile Parts
vehicles, China assesses a charge on
AGENCY: Office of the United States
imported auto parts equal to the tariff on
Trade Representative.
complete vehicles, if the imported parts
are incorporated into a vehicle that
ACTION: Notice; request for comments.
contains imported parts in excess of
SUMMARY: The Office of the United
specified thresholds.
States Trade Representative (USTR) is
USTR believes that China’s
providing notice that on September 15,
regulations are inconsistent with
2006, in accordance with the Marrakesh China’s obligations under:
(1) Article III:2 of the General
Agreement Establishing the World Trade
Agreement on Tariffs and Trade 1994
Organization (‘‘WTO Agreement’’), the
(‘‘GATT 1994’’), by imposing a charge
United States requested the
on imported auto parts but not on
establishment of a dispute settlement
domestic auto parts, and otherwise
panel regarding China’s treatment of
applying internal charges so as to afford
imported motor vehicle parts,
protection to domestic production;
components, and accessories (‘‘auto
VerDate Aug<31>2005
16:42 Oct 06, 2006
Jkt 211001
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
59543
(2) Article III:4 of the GATT 1994, by
treating imported auto parts less
favorably than like domestic auto parts
by imposing additional administrative
burdens and additional charges upon
manufacturers that use imported parts
in excess of specified thresholds,
thereby affecting the internal sale,
offering for sale, purchase,
transportation, distribution, or use of
imported auto parts;
(3) Article III:5 of the GATT 1994, by
requiring that a specified amount or
proportion of the auto parts assembled
into a complete motor vehicle be
supplied from domestic sources, and
otherwise applying internal quantitative
regulations so as to afford protection to
domestic production;
(4) Article 2.1 and paragraphs 1(a) and
2(a) of Annex 1 of the Agreement on
Trade-Related Investment Measures
(‘‘TRIMs Agreement’’), by requiring
motor vehicle manufacturers in China to
purchase or use domestic auto parts in
order to obtain advantages such as the
avoidance of administrative burdens
and the payment of additional charges
and by imposing restrictions which
generally restrict the importation by a
manufacturer of auto parts used in or
related to its local production;
(5) Article II:1(a) and (b) of the GATT
1994, by according imported auto parts
less favorable treatment than that
provided for in its Schedule of
Concessions and Commitments annexed
to the GATT 1994 and imposing charges
in excess of those set forth and provided
therein;
USTR also considers that China’s
regulations are inconsistent with
China’s obligations under: Article 3 of
the Agreement on Subsidies and
Countervailing Measures, Article XI of
the GATT 1994, 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;
E:\FR\FM\10OCN1.SGM
10OCN1
]]>Agencies
[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Notices]
[Pages 59542-59543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16692]
-----------------------------------------------------------------------
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
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 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 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 anti-dumping
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 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.
[[Page 59543]]
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. 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 E. Brinza,
Assistant United States Trade Representative, for Monitoring and
Enforcement.
[FR Doc. E6-16692 Filed 10-6-06; 8:45 am]
BILLING CODE 3190-W7-P
