WTO Dispute Settlement Proceeding Regarding China-Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, 63211-63213 [E7-21962]
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices
NRC, from D. Keuter, Rancho Seco
Nuclear Generating Station. Herald, CA.
ADAMS Accession No. LL9106030039.
SMUD, 1997. ‘‘Rancho Seco Post-Shutdown
Decommissioning Activities Report.’’
March 20, 1997. Letter (MPC&D) to NRC
Document Control Desk from S. Redeker,
Rancho Seco Nuclear Generating Station.
Herald, CA. ADAMS Accession No.
LL9704210009.
SMUD, 2006a. ‘‘Rancho Seco License
Amendment Request and License
Termination Plan, Revision 0.’’ April 12,
2006. Letter (MPC&D 06–035) to NRC
Document Control Desk from M. Bua,
Rancho Seco Nuclear Generating Station.
Herald, CA. ADAMS Accession No.
ML061430211.
SMUD, 2006b. ‘‘Rancho Seco Historical Site
Assessment, Revision 1.’’ August 3,
2006. Letter (NQA 06–028) to NRC
Document Control Desk from R. Jones,
Rancho Seco Nuclear Generating Station.
Herald, CA. ADAMS Accession No.
ML062220351.
SMUD, 2006c. ‘‘Rancho Seco Groundwater
Monitoring Report.’’ September 6, 2006.
Letter (NQA 06–035) to NRC Document
Control Desk from R. Jones, Rancho Seco
Nuclear Generating Station. Herald, CA.
ADAMS Accession No. ML062980500.
SMUD, 2006d. ‘‘Response to NRC Request for
Additional Information.’’ November 21,
2006. Letter (MPC&D 06–115) to NRC
Document Control Desk from S. Redeker,
Rancho Seco Nuclear Generating Station.
Herald, CA. ADAMS Accession No.
ML063330062.
SMUD, 2007. ‘‘Response to NRC Request for
Additional Information.’’ April 2, 2007.
Letter (MPC&D 07–028) to NRC
Document Control Desk from S. Redeker,
Rancho Seco Nuclear Generating Station.
Herald, CA. ADAMS Accession No.
ML071000434.
U.S. Census Bureau, 2006. ‘‘2005 American
Community Survey.’’
URS Corporation, 2006a. ‘‘Rancho Seco
Nuclear Generating Station Groundwater
Monitoring Report. Revision 0.’’
Prepared for the Sacramento Municipal
Utility District. ADAMS Accession No.
ML062980500.
URS Corporation, 2006b. ‘‘Hydrogeological
Characterization of the Rancho Seco
Nuclear Generating Station. Revision 1.’’
Prepared for the Sacramento Municipal
Utility District. ADAMS Accession No.
ML060810160.
rwilkins on PROD1PC63 with NOTICES
II. Finding of No Significant Impact
On the basis of this EA, the NRC has
concluded that approval of the license
termination plan for the Rancho Seco
Nuclear Generating Station will not
result in significant environmental
impacts, and that the license
termination does not warrant the
preparation of an environmental impact
statement. Accordingly, it has been
determined that a Finding of No
Significant Impact is appropriate.
VerDate Aug<31>2005
16:54 Nov 07, 2007
Jkt 214001
III. Further Information
Documents related to this action are
available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm.html. From
this site, you can access the NRC’s
Agency Wide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
accession numbers for the documents
related to this notice are identified in
the reference section of the EA. If you
do not have access to ADAMS, or if
there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209 or
301–415–4737, or by electronic mailing
at pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR at One White
Flint North, 11555 Rockville Pike (first
floor), Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Rockville, Maryland, this 2nd day
of November, 2007.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E7–21924 Filed 11–7–07; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS–363]
WTO Dispute Settlement Proceeding
Regarding China—Measures Affecting
Trading Rights and Distribution
Services for Certain Publications and
Audiovisual Entertainment Products
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 the United States
has requested, in accordance with the
Marrakesh Agreement Establishing the
World Trade Organization (WTO
Agreement), that the WTO Dispute
Settlement Body establish a dispute
settlement panel to review the U.S.
claims concerning: (1) Certain measures
that restrict trading rights with respect
to imported films for theatrical release,
audiovisual home entertainment
PO 00000
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63211
products (e.g., video cassettes and
DVDs), sound recordings, and
publications (e.g., books, magazines,
newspapers, and electronic
publications); (2) certain measures that
restrict market access for, or
discriminate against, foreign suppliers
of distribution services for publications,
foreign suppliers of audiovisual services
(including distribution services) for
audiovisual home entertainment
products, and foreign suppliers of sound
recording distribution services; (3)
certain measures that provide less
favorable distribution opportunities for
imported films for theatrical release
than for like domestic films; and (4)
certain measures that provide less
favorable opportunities for foreign
suppliers of sound recording
distribution services and for the
distribution of imported sound
recordings than are provided to like
service suppliers and like products. The
panel request may be found at https://
www.wto.org contained in a document
designated as WT/DS363/5. 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 consultations, comments should be
submitted on or before December 21,
2007 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0708@ustr.eop.gov, with ‘‘China
Trading Rights and Distribution
Services (DS363)’’ 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:
Probir Mehta, Assistant General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC, (202) 395–3150.
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
WTO Dispute Settlement Body to
establish a 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
approximately nine months after it is
established.
E:\FR\FM\08NON1.SGM
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63212
Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices
rwilkins on PROD1PC63 with NOTICES
Major Issues Raised by the United
States
The first matter on which the United
States has requested the establishment
of a WTO dispute settlement panel
concerns certain measures of China that
reserve to certain Chinese statedesignated and wholly or partially stateowned enterprises the right to import
films for theatrical release, audiovisual
home entertainment products (e.g.,
video cassettes and DVDs), sound
recordings, and publications (e.g.,
books, magazines, newspapers, and
electronic publications). In this regard,
the measures at issue include the
following, as well as any amendments
and related or implementing measures:
• The Regulations on Administration
of the Films Industry;
• The Provisional Rules on the Entry
Criteria for Operating Film Enterprises;
• The Administrative Regulation on
Publishing;
• The Administrative Regulations on
Audiovisual Products;
• The Catalogue for Guidance of
Foreign Investment Industries;
• The Several Opinions of the
Ministry of Culture, State
Administration of Radio, Film and
Television, General Administration of
Press and Publication, National
Development and Reform Commission
and the Ministry of Commerce on
Introducing Foreign Investment into the
Cultural Sector;
• The Measures for the
Administration of Import of Audio and
Video Products;
• The Measures for Administration of
Chinese Foreign Contractual
Distribution Ventures of Audiovisual
Products;
• The Administrative Regulations on
Electronic Publications; and
• The Procedure for Examination and
Approval of Establishment of
Publication Importation Entities.
It appears that these measures do not
allow all Chinese enterprises and all
foreign enterprises and individuals to
have the right to import the Products
into the customs territory of China. It
also appears that foreign individuals
and enterprises, including those not
invested or registered in China, are
accorded treatment less favorable than
that accorded to enterprises in China
with respect to the right to trade. These
measures appear to USTR to be
inconsistent with China’s obligations
under paragraphs 1.2, 5.1 and 5.2 of Part
I of the Protocol on the Accession of the
People’s Republic of China (Accession
Protocol) and Article XI:1 of the General
Agreement on Tariffs and Trade 1994
(GATT 1994).
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16:54 Nov 07, 2007
Jkt 214001
The second matter on which the
United States has requested the
establishment of a WTO dispute
settlement panel concerns certain
measures of China that impose market
access restrictions or discriminatory
limitations on foreign service providers
seeking to engage in the distribution of
publications, certain audiovisual home
entertainment products, and sound
recordings. In this regard, the measures
at issue include the following, as well
as any amendments and related or
implementing measures:
• The Administrative Regulation on
Publishing;
• The Administrative Regulations on
Audiovisual Products;
• The Provisions on Guiding the
Orientation of Foreign Investment;
• The Catalogue for Guidance of
Foreign Investment Industries;
• The Several Opinions of the
Ministry of Culture, State
Administration of Radio, Film and
Television, General Administration of
Press and Publication, National
Development and Reform Commission
and the Ministry of Commerce on
Introducing Foreign Investment into the
Cultural Sector;
• The Administrative Regulations on
Management of Foreign-Invested Book,
Magazine and Newspaper Distribution
Enterprises;
• The Administrative Regulations on
the Publication Market (revised);
• The Administrative Regulations on
Electronic Publications;
• The Administrative Measures on
Subscription of Imported Publications;
• The Procedure for Examination and
Approval of Establishment of ChineseForeign Entities, Cooperative Joint
Ventures, and Wholly Foreign Owned
Publication Distribution Enterprises;
• The Measures for Administration of
Chinese Foreign Contractual
Distribution Ventures of Audiovisual
Products;
• The Interim Regulations on Internet
Culture Administration;
• The Circular of the Ministry of
Culture on Relevant Issues of
Implementation of the Interim
Regulations on Internet Culture
Administration; and
• The Several Opinions on the
Development and Regulation of
Network Music.
It appears that these measures
prohibit foreign service suppliers
(including wholly or partially foreignowned or foreign-invested enterprises)
from engaging at least in certain types
of distribution of publications and
audiovisual home entertainment
products within China. In addition, to
the extent that some foreign service
PO 00000
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Fmt 4703
Sfmt 4703
suppliers are allowed to engage in some
aspects of the distribution of
publications, there appear to be
discriminatory requirements concerning
such suppliers’ registered capital, such
suppliers’ operating term, and the
particular publications that such
suppliers may distribute. The measures
at issue also appear to establish different
distribution opportunities for imported
and domestically produced books,
newspapers, and periodicals; imported
books, newspapers and periodicals are
restricted in their distribution
opportunities. Furthermore, to the
extent that foreign services suppliers are
permitted to engage in any distribution
of audiovisual home entertainment
products, the measures at issue appear
to impose requirements that the service
be supplied through a form of entity that
Chinese persons control, or in which
Chinese persons have a dominant
position, or for which there is a
limitation on the participation of foreign
capital.
Moreover, the measures at issue
appear to prohibit any foreign-owned or
foreign-invested entity from obtaining
the licenses necessary to engage in
certain types of ‘‘internet cultural
products,’’ including sound recordings
in digital form. In addition, to the extent
that foreign service suppliers can engage
in the distribution of sound recordings
in digital form, the measures at issue
appear to provide that any ‘‘imported’’
music is subject to content reviews by
the Chinese Government before digital
distribution. However, music in which
rights are held by Chinese enterprises
without foreign investment is not
subject to such content review before
digital distribution within China.
Consequently, the measures at issue
appear to accord foreign suppliers of
sound recording distribution services
less favorable treatment than that
accorded to Chinese suppliers of sound
recording distribution services.
The foregoing measures appear to
USTR to be inconsistent with China’s
obligations under paragraphs 1.2 and
5.1 of Part I of the Accession Protocol,
Article III:4 of the GATT 1994, and
Articles XVI and XVII of the General
Agreement on Trade in Services (GATS).
The third matter on which the United
States has requested the establishment
of a WTO dispute settlement panel
concerns certain measures that provide
distribution opportunities for imported
films for theatrical release that are less
favorable than the distribution
opportunities for domestically produced
films for theatrical release.
In this connection, the measures at
issue include the following as well as
E:\FR\FM\08NON1.SGM
08NON1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices
any amendments, related measures, or
implementing measures:
• The Regulations on the
Administration of the Films Industry;
• The Provisional Rules on the Entry
Criteria for Operating Film Enterprises;
and
• The Provisional Specific
Implementing Rules for Reforming Film
Distribution and Exhibition.
It appears that these measures
establish a dual distribution system for
imported and domestically produced
films for theatrical release. Imported
films can be distributed within China
only by two entities, each of which
operates on a nationwide basis. By
contrast, domestically produced films
can be distributed not only by those
same two entities, but also by many
other entities, including entities that
operate on a local, provincial or other
subnational basis.
Accordingly, the measures at issue
appear to be inconsistent with China’s
obligations under the provisions of
paragraphs 1.2 and 5.1 of Part I of the
Accession Protocol and Article III:4 of
the GATT 1994.
The fourth matter on which the
United States has requested the
establishment of a WTO dispute
settlement panel concerns certain
measures that provide less favorable
distribution opportunities for sound
recordings imported into China in
physical form than for sound recordings
produced in China.
In this regard, the measures at issue
include the following, as well as any
amendments and related or
implementing measures:
• The Interim Regulations on Internet
Culture Administration;
• The Circular of the Ministry of
Culture on Relevant Issues of
Implementation of the Interim
Regulations on Internet Culture
Administration;
• The Catalogue for Guidance of
Foreign Investment Industries;
• The Several Opinions of the
Ministry of Culture, the State
Administration of Radio, Film and
Television, the General Administration
of Press and Publication, the National
Development and Reform Commission
and the Ministry of Commerce on
Introducing Foreign Investment into the
Cultural Sector; and
• The Several Opinions on the
Development and Regulation of
Network Music.
These measures appear to require that
sound recordings imported into China
in physical form but intended for digital
distribution must undergo content
review by the Chinese Government prior
to such distribution within China.
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16:54 Nov 07, 2007
Jkt 214001
However, domestically produced sound
recordings appear not to be subject to
this requirement, but can instead be
digitally distributed immediately. It
thus appears that sound recordings
imported into China in physical form
are treated less favorably than sound
recordings produced in China in
physical form.
The foregoing measures appear to
USTR to be inconsistent with China’s
obligations under provisions of
paragraphs 1.2 and 5.1 of Part I of the
Accession Protocol and Article III:4 of
the GATT 1994.
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 FR0708@ustr.eop.gov,
with ‘‘China Trading Rights and
Distribution Services (DS363)’’ 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;
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.
Comments must be in English. 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
commenter. Confidential business
information must be clearly designated
as such and ‘‘BUSINESS
CONFIDENTIAL’’ must be marked at the
top and bottom of the cover page and
each succeeding page. Persons who
submit confidential business
information are encouraged also to
provide a non-confidential summary of
the information.
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—
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63213
(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. The USTR
Reading Room is open to the public, by
appointment only, from 10 a.m. to noon
and 1 p.m. to 4 p.m., Monday through
Friday. An appointment to review the
public file (Docket WTO/DS–363, China
Trading Rights and Distribution
Services Dispute) may be made by
calling the USTR Reading Room at (202)
395–6186.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E7–21962 Filed 11–7–07; 8:45 am]
BILLING CODE 3190–W8–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for OMB Review;
Comment Request for Extension
Without Change, of a Currently
Approved Information Collection: SF
2809
Office of Personnel
Management.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management (OPM) has submitted to
the Office of Management and Budget
(OMB) a request for extension without
change, of a currently approved
information collection. SF 2809, Health
Benefit Election Form, is used by
Federal employees, annuitants other
than those under the Civil Service
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63211-63213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21962]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-363]
WTO Dispute Settlement Proceeding Regarding China--Measures
Affecting Trading Rights and Distribution Services for Certain
Publications and Audiovisual Entertainment Products
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 the United States has requested, in accordance
with the Marrakesh Agreement Establishing the World Trade Organization
(WTO Agreement), that the WTO Dispute Settlement Body establish a
dispute settlement panel to review the U.S. claims concerning: (1)
Certain measures that restrict trading rights with respect to imported
films for theatrical release, audiovisual home entertainment products
(e.g., video cassettes and DVDs), sound recordings, and publications
(e.g., books, magazines, newspapers, and electronic publications); (2)
certain measures that restrict market access for, or discriminate
against, foreign suppliers of distribution services for publications,
foreign suppliers of audiovisual services (including distribution
services) for audiovisual home entertainment products, and foreign
suppliers of sound recording distribution services; (3) certain
measures that provide less favorable distribution opportunities for
imported films for theatrical release than for like domestic films; and
(4) certain measures that provide less favorable opportunities for
foreign suppliers of sound recording distribution services and for the
distribution of imported sound recordings than are provided to like
service suppliers and like products. The panel request may be found at
https://www.wto.org contained in a document designated as WT/DS363/5.
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 consultations, comments should be submitted on or before
December 21, 2007 to be assured of timely consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0708@ustr.eop.gov, with ``China Trading Rights and Distribution
Services (DS363)'' 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: Probir Mehta, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC, (202) 395-3150.
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 WTO Dispute Settlement
Body to establish a 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 approximately nine months after it is
established.
[[Page 63212]]
Major Issues Raised by the United States
The first matter on which the United States has requested the
establishment of a WTO dispute settlement panel concerns certain
measures of China that reserve to certain Chinese state-designated and
wholly or partially state-owned enterprises the right to import films
for theatrical release, audiovisual home entertainment products (e.g.,
video cassettes and DVDs), sound recordings, and publications (e.g.,
books, magazines, newspapers, and electronic publications). In this
regard, the measures at issue include the following, as well as any
amendments and related or implementing measures:
The Regulations on Administration of the Films Industry;
The Provisional Rules on the Entry Criteria for Operating
Film Enterprises;
The Administrative Regulation on Publishing;
The Administrative Regulations on Audiovisual Products;
The Catalogue for Guidance of Foreign Investment
Industries;
The Several Opinions of the Ministry of Culture, State
Administration of Radio, Film and Television, General Administration of
Press and Publication, National Development and Reform Commission and
the Ministry of Commerce on Introducing Foreign Investment into the
Cultural Sector;
The Measures for the Administration of Import of Audio and
Video Products;
The Measures for Administration of Chinese Foreign
Contractual Distribution Ventures of Audiovisual Products;
The Administrative Regulations on Electronic Publications;
and
The Procedure for Examination and Approval of
Establishment of Publication Importation Entities.
It appears that these measures do not allow all Chinese enterprises
and all foreign enterprises and individuals to have the right to import
the Products into the customs territory of China. It also appears that
foreign individuals and enterprises, including those not invested or
registered in China, are accorded treatment less favorable than that
accorded to enterprises in China with respect to the right to trade.
These measures appear to USTR to be inconsistent with China's
obligations under paragraphs 1.2, 5.1 and 5.2 of Part I of the Protocol
on the Accession of the People's Republic of China (Accession Protocol)
and Article XI:1 of the General Agreement on Tariffs and Trade 1994
(GATT 1994).
The second matter on which the United States has requested the
establishment of a WTO dispute settlement panel concerns certain
measures of China that impose market access restrictions or
discriminatory limitations on foreign service providers seeking to
engage in the distribution of publications, certain audiovisual home
entertainment products, and sound recordings. In this regard, the
measures at issue include the following, as well as any amendments and
related or implementing measures:
The Administrative Regulation on Publishing;
The Administrative Regulations on Audiovisual Products;
The Provisions on Guiding the Orientation of Foreign
Investment;
The Catalogue for Guidance of Foreign Investment
Industries;
The Several Opinions of the Ministry of Culture, State
Administration of Radio, Film and Television, General Administration of
Press and Publication, National Development and Reform Commission and
the Ministry of Commerce on Introducing Foreign Investment into the
Cultural Sector;
The Administrative Regulations on Management of Foreign-
Invested Book, Magazine and Newspaper Distribution Enterprises;
The Administrative Regulations on the Publication Market
(revised);
The Administrative Regulations on Electronic Publications;
The Administrative Measures on Subscription of Imported
Publications;
The Procedure for Examination and Approval of
Establishment of Chinese-Foreign Entities, Cooperative Joint Ventures,
and Wholly Foreign Owned Publication Distribution Enterprises;
The Measures for Administration of Chinese Foreign
Contractual Distribution Ventures of Audiovisual Products;
The Interim Regulations on Internet Culture
Administration;
The Circular of the Ministry of Culture on Relevant Issues
of Implementation of the Interim Regulations on Internet Culture
Administration; and
The Several Opinions on the Development and Regulation of
Network Music.
It appears that these measures prohibit foreign service suppliers
(including wholly or partially foreign-owned or foreign-invested
enterprises) from engaging at least in certain types of distribution of
publications and audiovisual home entertainment products within China.
In addition, to the extent that some foreign service suppliers are
allowed to engage in some aspects of the distribution of publications,
there appear to be discriminatory requirements concerning such
suppliers' registered capital, such suppliers' operating term, and the
particular publications that such suppliers may distribute. The
measures at issue also appear to establish different distribution
opportunities for imported and domestically produced books, newspapers,
and periodicals; imported books, newspapers and periodicals are
restricted in their distribution opportunities. Furthermore, to the
extent that foreign services suppliers are permitted to engage in any
distribution of audiovisual home entertainment products, the measures
at issue appear to impose requirements that the service be supplied
through a form of entity that Chinese persons control, or in which
Chinese persons have a dominant position, or for which there is a
limitation on the participation of foreign capital.
Moreover, the measures at issue appear to prohibit any foreign-
owned or foreign-invested entity from obtaining the licenses necessary
to engage in certain types of ``internet cultural products,'' including
sound recordings in digital form. In addition, to the extent that
foreign service suppliers can engage in the distribution of sound
recordings in digital form, the measures at issue appear to provide
that any ``imported'' music is subject to content reviews by the
Chinese Government before digital distribution. However, music in which
rights are held by Chinese enterprises without foreign investment is
not subject to such content review before digital distribution within
China. Consequently, the measures at issue appear to accord foreign
suppliers of sound recording distribution services less favorable
treatment than that accorded to Chinese suppliers of sound recording
distribution services.
The foregoing measures appear to USTR to be inconsistent with
China's obligations under paragraphs 1.2 and 5.1 of Part I of the
Accession Protocol, Article III:4 of the GATT 1994, and Articles XVI
and XVII of the General Agreement on Trade in Services (GATS).
The third matter on which the United States has requested the
establishment of a WTO dispute settlement panel concerns certain
measures that provide distribution opportunities for imported films for
theatrical release that are less favorable than the distribution
opportunities for domestically produced films for theatrical release.
In this connection, the measures at issue include the following as
well as
[[Page 63213]]
any amendments, related measures, or implementing measures:
The Regulations on the Administration of the Films
Industry;
The Provisional Rules on the Entry Criteria for Operating
Film Enterprises; and
The Provisional Specific Implementing Rules for Reforming
Film Distribution and Exhibition.
It appears that these measures establish a dual distribution system
for imported and domestically produced films for theatrical release.
Imported films can be distributed within China only by two entities,
each of which operates on a nationwide basis. By contrast, domestically
produced films can be distributed not only by those same two entities,
but also by many other entities, including entities that operate on a
local, provincial or other subnational basis.
Accordingly, the measures at issue appear to be inconsistent with
China's obligations under the provisions of paragraphs 1.2 and 5.1 of
Part I of the Accession Protocol and Article III:4 of the GATT 1994.
The fourth matter on which the United States has requested the
establishment of a WTO dispute settlement panel concerns certain
measures that provide less favorable distribution opportunities for
sound recordings imported into China in physical form than for sound
recordings produced in China.
In this regard, the measures at issue include the following, as
well as any amendments and related or implementing measures:
The Interim Regulations on Internet Culture
Administration;
The Circular of the Ministry of Culture on Relevant Issues
of Implementation of the Interim Regulations on Internet Culture
Administration;
The Catalogue for Guidance of Foreign Investment
Industries;
The Several Opinions of the Ministry of Culture, the State
Administration of Radio, Film and Television, the General
Administration of Press and Publication, the National Development and
Reform Commission and the Ministry of Commerce on Introducing Foreign
Investment into the Cultural Sector; and
The Several Opinions on the Development and Regulation of
Network Music.
These measures appear to require that sound recordings imported
into China in physical form but intended for digital distribution must
undergo content review by the Chinese Government prior to such
distribution within China. However, domestically produced sound
recordings appear not to be subject to this requirement, but can
instead be digitally distributed immediately. It thus appears that
sound recordings imported into China in physical form are treated less
favorably than sound recordings produced in China in physical form.
The foregoing measures appear to USTR to be inconsistent with
China's obligations under provisions of paragraphs 1.2 and 5.1 of Part
I of the Accession Protocol and Article III:4 of the GATT 1994.
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 FR0708@ustr.eop.gov, with ``China
Trading Rights and Distribution Services (DS363)'' 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; 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.
Comments must be in English. 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 commenter. Confidential business information must be
clearly designated as such and ``BUSINESS CONFIDENTIAL'' must be marked
at the top and bottom of the cover page and each succeeding page.
Persons who submit confidential business information are encouraged
also to provide a non-confidential summary of the information.
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 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. The USTR Reading Room is
open to the public, by appointment only, from 10 a.m. to noon and 1
p.m. to 4 p.m., Monday through Friday. An appointment to review the
public file (Docket WTO/DS-363, China Trading Rights and Distribution
Services Dispute) may be made by calling the USTR Reading Room at (202)
395-6186.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E7-21962 Filed 11-7-07; 8:45 am]
BILLING CODE 3190-W8-P
