WTO Dispute Settlement Proceeding Regarding Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”), 64687-64688 [E7-22451]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices not already a party to the proceeding, the petition must specifically state: (1) The name, address and telephone number of the petitioner; (2) the nature of the petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner’s property, financial or other interest in the proceeding; and (4) the possible effect of any decision or order that may be issued in the proceeding on the petitioner’s interest. Each contention must contain a specific statement of the issue of law or fact to be raised or controverted. A petitioner must also provide the following information with respect to each contention: (1) A brief explanation of the basis for the contention; (2) a concise statement of the alleged facts or expert opinions which support the petitioner’s position on the issue and on which the petitioner intends to rely at hearing, together with references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue; and (3) sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant’s environmental report and safety report) that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner’s belief. For each contention, the petition must demonstrate that the issue raised in the contention is within the scope of this proceeding and that the issue raised in the contention is material to the findings the NRC must make to support the action that is involved in this proceeding. A petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. A petition for leave to intervene must be filed in accordance with the December 15, 2006, issuance of the Chief of the Atomic Safety and Licensing Board Panel establishing procedures for submitting documents using the NRC Electronic Information Exchange or E-Submittal process. The accession number for the issuance is ML063520200. The issuance is also available through the NRC’s electronic hearing docket which is available to the public at http://ehd.nrc.gov/ EHD_Proceeding/home.asp. If any new participant to this proceeding believes they are unable to participate in this proceeding utilizing VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 the electronic document formatting and/ or filing processes outlined in the December 15, 2006, issuance, they may file a request for an exemption from the Licensing Board in conjunction with its first filing in this proceeding. Pursuant to the December 15, 2006, issuance, the provisions of 10 CFR 2.302(g)(2) and (3) of the Commission’s proposed rule on electronic document filing and formatting shall govern such an exemption request (70 FR 74950, 74960; December 16, 2005). Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. All such petitions must be filed no later than 60 days from the date of publication of this notice in the Federal Register. Non-timely filings will not be entertained absent a determination by the Board that the petition should be granted based upon a balancing of the factors specified in 10 CFR 2.309(c)(i)– (viii). This supplementary notice does not affect the status of any person previously admitted as a party to this proceeding or provide any additional opportunity to any person to intervene on the basis of, or to raise matters encompassed within, the issues specified for hearing in the original notice of hearing published in the Federal Register on October 12, 2006 (71 FR 60195). A copy of the SNC ESP application is available for public inspection at the Commission’s Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records are accessible from the Agency-wide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. The accession number for the application is ML071710055. The accession number for the August 16, 2007, supplement to PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 64687 the application is ML072330242. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1–800–397–4209, (301) 415–4737 or by e-mail to pdr@nrc.gov. The application is also available to local residents at the Burke County Library in Waynesboro, Georgia, and is available on the NRC Web page at http://www.nrc.gov/ reactors/new-licensing/esp/vogtle.html. Dated at Rockville, Maryland, this 9th day of November 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7–22413 Filed 11–15–07; 8:45 am] BILLING CODE 7590–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding Laws, Regulations and Methodology for Calculating Dumping Margins (‘‘Zeroing’’) 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 pursuant to a request of the European Communities, the Dispute Settlement Body of the World Trade Organization (‘‘WTO’’) has established a compliance panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning the dispute United States—Laws, Regulations and Methodology for Calculating Dumping Margins (‘‘zeroing’’)—Recourse to Article 21.5 of the DSU by the European Communities. That request may be found at http://www.wto.org contained in a document designated as WT/DS294/25. 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 proceeding, comments should be submitted on or before December 21, 2007. ADDRESSES: Comments should be submitted (i) electronically, to FR0715@ustr.eop.gov, Attn: ‘‘EC Zeroing (21.5)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at 202–395–3640, with a confirmation copy sent electronically to the e-mail address above. E:\FR\FM\16NON1.SGM 16NON1 64688 Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices FOR FURTHER INFORMATION CONTACT: mstockstill on PROD1PC66 with NOTICES Elizabeth V. Baltzan, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 3582. SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has established, at the request of the EC, a dispute settlement compliance panel pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Such panel will hold any hearing in Geneva, Switzerland. It is possible that the public will be able to observe the hearing of the panel. If so, then USTR would intend to provide notice on USTR’s Web site (under ‘‘Opportunities to View Dispute Settlement Hearings’’ on the Web page http://www.ustr.gov/ Trade_Agreements/ Monitoring_Enforcement/ Dispute_Settlement/WTO/ Section_Index.html) of the public hearing and the means by which the public may observe. Major Issues Raised by the EC In the European Communities’ (the ‘‘EC’’) request for the establishment of a panel in connection with the dispute United States—Laws, Regulations and Methodology for Calculating Dumping Margins (‘‘zeroing’’)—Recourse to Article 21.5 of the DSU by the European Communities, the EC challenges the following: • The consistency with Articles 17.14 and 21 of the DSU of the dates of entry into force of the SeCtion 129 determinations issued by the Department of Commerce to comply with the recommendations and rulings of the original proceeding; • The alleged failure to eliminate ‘‘zeroing’’ in 16 administrative reviews found, in the original proceeding, to be inconsistent with U.S. WTO obligations; the EC alleges that the failure to eliminate ‘‘zeroing’’ in these reviews is a breach of Articles 2, 9.3, and 11 of the Antidumping Agreement and Article VI:2 of the GATT 1994; • An alleged miscalculation with respect to one determination; • With respect to all measures identified in the request, the alleged imposition, collection, or liquidation of antidumping duties ‘‘inflated’’ by ‘‘zeroing’’ beyond April 9, 2007; • The increase in the ‘‘all-others’’ rate in connection with two determinations; • With respect to original investigations in which the recalculation of dumping margins led to the conclusion that some exporters were not dumping or had de minimis margins, the failure to establish whether VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 the remaining amount of dumped imports was causing injury to the domestic industry and whether the volume of dumped imports was not negligible; and • The continued use of zeroing in the reviews related to the measures in question. 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 FR0715@ustr.eop.gov, with ‘‘EC Zeroing (21.5)’’ 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. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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; for the dispute settlement compliance panel 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–294) 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. E7–22451 Filed 11–15–07; 8:45 am] BILLING CODE 3190–W8–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56779; File No. S7–26–07] Notice of Application of the National Association of Realtors for Exemptive Relief Under Sections 15 and 36 of the Exchange Act and Request for Comment November 9, 2007 The National Association of Realtors (‘‘NAR’’) has requested an exemption pursuant to sections 15(a)(2) and 36(a) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) from the broker-dealer registration requirements of section 15(a)(1) and the reporting and other requirements of the Exchange Act (other than sections 15(b)(4) and 15(b)(6)), and the rules and regulations thereunder, that apply to a broker or dealer that is not registered with the Commission. Subject to the conditions specified in NAR’s application (‘‘Application’’) and discussed below, the requested exemption would permit a licensed real estate agent or broker who is predominantly engaged in and has substantial experience in the commercial real estate market and the real estate brokerage firm with which such agent or broker is licensed to receive compensation in the form described below for the sale of a TIC Security, as defined below. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64687-64688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22451]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceeding Regarding Laws, Regulations and 
Methodology for Calculating Dumping Margins (``Zeroing'')

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 pursuant to a request of the 
European Communities, the Dispute Settlement Body of the World Trade 
Organization (``WTO'') has established a compliance panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning the dispute United States--Laws, Regulations 
and Methodology for Calculating Dumping Margins (``zeroing'')--Recourse 
to Article 21.5 of the DSU by the European Communities. That request 
may be found at http://www.wto.org contained in a document designated 
as WT/DS294/25. 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 proceeding, comments should be 
submitted on or before December 21, 2007.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0715@ustr.eop.gov, Attn: ``EC Zeroing (21.5)'' in the subject line, 
or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a confirmation 
copy sent electronically to the e-mail address above.

[[Page 64688]]


FOR FURTHER INFORMATION CONTACT: Elizabeth V. Baltzan, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-3582.

SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has 
established, at the request of the EC, a dispute settlement compliance 
panel pursuant to the WTO Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU). Such panel will hold any 
hearing in Geneva, Switzerland. It is possible that the public will be 
able to observe the hearing of the panel. If so, then USTR would intend 
to provide notice on USTR's Web site (under ``Opportunities to View 
Dispute Settlement Hearings'' on the Web page http://www.ustr.gov/
Trade_Agreements/Monitoring_Enforcement/Dispute_Settlement/WTO/
Section_Index.html) of the public hearing and the means by which the 
public may observe.

Major Issues Raised by the EC

    In the European Communities' (the ``EC'') request for the 
establishment of a panel in connection with the dispute United States--
Laws, Regulations and Methodology for Calculating Dumping Margins 
(``zeroing'')--Recourse to Article 21.5 of the DSU by the European 
Communities, the EC challenges the following:
     The consistency with Articles 17.14 and 21 of the DSU of 
the dates of entry into force of the SeCtion 129 determinations issued 
by the Department of Commerce to comply with the recommendations and 
rulings of the original proceeding;
     The alleged failure to eliminate ``zeroing'' in 16 
administrative reviews found, in the original proceeding, to be 
inconsistent with U.S. WTO obligations; the EC alleges that the failure 
to eliminate ``zeroing'' in these reviews is a breach of Articles 2, 
9.3, and 11 of the Antidumping Agreement and Article VI:2 of the GATT 
1994;
     An alleged miscalculation with respect to one 
determination;
     With respect to all measures identified in the request, 
the alleged imposition, collection, or liquidation of antidumping 
duties ``inflated'' by ``zeroing'' beyond April 9, 2007;
     The increase in the ``all-others'' rate in connection with 
two determinations;
     With respect to original investigations in which the 
recalculation of dumping margins led to the conclusion that some 
exporters were not dumping or had de minimis margins, the failure to 
establish whether the remaining amount of dumped imports was causing 
injury to the domestic industry and whether the volume of dumped 
imports was not negligible; and
     The continued use of zeroing in the reviews related to the 
measures in question.

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 FR0715@ustr.eop.gov, with 
``EC Zeroing (21.5)'' 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; for the dispute settlement compliance panel 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-294) 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. E7-22451 Filed 11-15-07; 8:45 am]
BILLING CODE 3190-W8-P