WTO Dispute Settlement Proceeding Regarding Measures Related to Zeroing and Sunset Reviews, 34351-34352 [E8-13518]
Download as PDF
<![CDATA[
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices
8471 60 80 and 8528 21 90. Like the
regulations, the Explanatory Notes
provide that flat panel displays with
certain attributes, such as DVI, may not
be classified in the duty-free tariff line
8471 60 80 and would be classified in
a dutiable tariff line. EC member States
assess duties on flat panel displays.
Furthermore, while the EC has
temporarily suspended the collection of
duties on some flat panel displays, it
appears to fail to accord tariff treatment
that is no less favorable than that
provided for in its Schedule.
• ‘‘Input or output units’’ and
facsimile machines. In 1999, the EC
published Commission Regulation (EC)
No. 517/99, which provided that certain
‘‘output units’’ would be classified in a
tariff line with a 6% MFN duty. On
March 9, 2006, the EC published
Commission Regulation (EC) No. 400/
2006, which classified certain ‘‘output
units’’ or facsimile machines, under CN
subheading 9009 12 00, as indirect
process electrostatic photocopiers. The
EC Customs Code Committee also
issued a statement indicating that ‘‘if a
multifunctional device (fax, printer,
scanner, copier) has the capability of
photocopying in black and white 12 or
more pages per minute (A4 format) this
indicates that the product is classifiable
in heading 9009 as a photocopying
apparatus.’’ Consistent with that
statement, on October 31, 2006, the EC
published Commission Regulation (EC)
No. 1549/2006, which provides that
certain ‘‘output units’’ or facsimile
machines capable of copying more than
12 monochrome pages per minute are
classified in a dutiable tariff line. EC
member States assess duties on certain
‘‘input or output units’’ and facsimile
machines.
These measures appear to USTR to be
inconsistent with the EC’s obligations
under Articles II:1(a) and II:1(b) of the
General Agreement on Tariffs and Trade
1994 (‘‘GATT 1994’’) and its’ Schedule
and with the member States’ obligations
under Articles II:1(a) and II:1(b) of the
GATT 1994 and their Schedules, and
they appear to nullify or impair benefits
accruing to the United States under the
GATT 1994.
In addition, with respect to set-top
boxes, the Tariff and Statistical
Nomenclature Section of the Customs
Code Committee delivered favorable
opinions with respect to the proposed
amendments to the Explanatory Notes
contained in 2008/C 112/03 in October
2006 and May 2007, respectively. It did
not publish the amended explanatory
notes in the EC Official Journal until
May 7, 2008. Furthermore, member
States were applying duties to set-top
VerDate Aug<31>2005
17:02 Jun 16, 2008
Jkt 214001
boxes using the approach specified in
2008/C 112/03 prior to May 7, 2008.
These actions appear to USTR to be
inconsistent with the EC’s obligations
under GATT 1994 Articles X:1 and X:2.
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 FR0809@ustr.eop.gov,
with ‘‘EC Information Technology
Products (DS375)’’ 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 nonconfidential summary of the
information or advice.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
34351
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 nonconfidential 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 nonconfidential 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–375, EC Information
Technology Products 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. E8–13502 Filed 6–16–08; 8:45 am]
BILLING CODE 3190–W8–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding
Regarding Measures Related to
Zeroing and Sunset Reviews
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 Japan, the Dispute Settlement
Body (‘‘DSB’’) 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—
Measures Relating to Zeroing and
Sunset Reviews; Recourse to Article 21.5
of the DSU by Japan. That request may
be found at https://www.wto.org
contained in a document designated as
WT/DS322/27. 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 July 15, 2008.
ADDRESSES: Comments should be
submitted (i) electronically, to
E:\FR\FM\17JNN1.SGM
17JNN1
34352
Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
FR0808@ustr.eop.gov, Attn: ‘‘Japan
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.
FOR FURTHER INFORMATION CONTACT:
Ronald J. Baumgarten, Jr., Assistant
General Counsel, Office of the United
States Trade Representative, 600 17th
Street, NW., Washington, DC 20508,
(202) 395–9583.
SUPPLEMENTARY INFORMATION: USTR is
providing notice that the DSB has
established, at the request of Japan, 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 https://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 Japan
In Japan’s request for the
establishment of a panel in connection
with the dispute United States—
Measures Relating to Zeroing and
Sunset Reviews; Recourse to Article 21.5
of the DSU by Japan, Japan challenges
the following:
• The consistency with DSU Articles
17.14, 21.1, and 21.3 of the continued
use of zeroing in transaction-totransaction comparisons in original
investigations, in any comparison
methodology in periodic reviews, and in
any comparison methodology in new
shipper reviews; Japan also alleges that
the failure to eliminate zeroing in these
contexts is a breach of Articles 2.4,
2.4.2, 9.3, and 9.5 of the Antidumping
Agreement and Articles VI:1 and VI:2 of
the GATT 1994;
• The alleged failure to eliminate
zeroing in eight periodic reviews, and,
since the expiration of the
implementation deadline, through the
eight periodic reviews at issue and
related instructions and notices, the
continued imposition, collection, and/or
assessment of antidumping duties in
excess of the proper margin of dumping;
Japan claims that the failure to eliminate
zeroing in these periodic reviews is
inconsistent with Articles 17.14, 21.1,
and 21.3 of the DSU, Articles 2.4 and
VerDate Aug<31>2005
16:10 Jun 16, 2008
Jkt 214001
9.3 of the Antidumping Agreement, and
Article VI:2 of the GATT 1994;
• The consistency of alleged
measures taken to comply with the
DSB’s recommendations and rulings
with Articles 2.4, 9.2, and 9.3 of the
Antidumping Agreement and Article
II:1(a), II:1(b), VI:1, and VI:2 of the
GATT 1994;
• The alleged failure by the United
States to take any action to bring the
sunset review determination of
November 4, 1999 regarding the
antidumping duty order on AntiFriction Bearings from Japan, as well as
the sunset review determination of the
same order of May 4, 2006, into
conformity with its WTO obligations;
Japan alleges that as a result, the United
States acts inconsistently with Articles
17.14, 21.1, and 21.3 of the DSU, and
Article 11.3 of the Antidumping
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 FR0808@ustr.eop.gov,
with ‘‘Japan 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
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
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
Uruguay Round Agreements Act
(‘‘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–322) 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. E8–13518 Filed 6–16–08; 8:45 am]
BILLING CODE 3190–W8–P
OFFICE OF PERSONNEL
MANAGEMENT
[OPM 1153]
Proposed Collection: Comment
Request for Review of an Expiring
Information Collection: Claim for
Unpaid Compensation of Deceased
Civilian Employee
U.S. 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 U.S. Office of
Personnel Management (OPM) intends
to submit to the Office of Management
and Budget (OMB) a request for review
E:\FR\FM\17JNN1.SGM
17JNN1
]]>Agencies
[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34351-34352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13518]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding Regarding Measures Related to
Zeroing and Sunset Reviews
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 Japan, the
Dispute Settlement Body (``DSB'') 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--Measures Relating to Zeroing and
Sunset Reviews; Recourse to Article 21.5 of the DSU by Japan. That
request may be found at https://www.wto.org contained in a document
designated as WT/DS322/27. 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 July 15, 2008.
ADDRESSES: Comments should be submitted (i) electronically, to
[[Page 34352]]
FR0808@ustr.eop.gov, Attn: ``Japan 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.
FOR FURTHER INFORMATION CONTACT: Ronald J. Baumgarten, Jr., Assistant
General Counsel, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC 20508, (202) 395-9583.
SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has
established, at the request of Japan, 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 https://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 Japan
In Japan's request for the establishment of a panel in connection
with the dispute United States--Measures Relating to Zeroing and Sunset
Reviews; Recourse to Article 21.5 of the DSU by Japan, Japan challenges
the following:
The consistency with DSU Articles 17.14, 21.1, and 21.3 of
the continued use of zeroing in transaction-to-transaction comparisons
in original investigations, in any comparison methodology in periodic
reviews, and in any comparison methodology in new shipper reviews;
Japan also alleges that the failure to eliminate zeroing in these
contexts is a breach of Articles 2.4, 2.4.2, 9.3, and 9.5 of the
Antidumping Agreement and Articles VI:1 and VI:2 of the GATT 1994;
The alleged failure to eliminate zeroing in eight periodic
reviews, and, since the expiration of the implementation deadline,
through the eight periodic reviews at issue and related instructions
and notices, the continued imposition, collection, and/or assessment of
antidumping duties in excess of the proper margin of dumping; Japan
claims that the failure to eliminate zeroing in these periodic reviews
is inconsistent with Articles 17.14, 21.1, and 21.3 of the DSU,
Articles 2.4 and 9.3 of the Antidumping Agreement, and Article VI:2 of
the GATT 1994;
The consistency of alleged measures taken to comply with
the DSB's recommendations and rulings with Articles 2.4, 9.2, and 9.3
of the Antidumping Agreement and Article II:1(a), II:1(b), VI:1, and
VI:2 of the GATT 1994;
The alleged failure by the United States to take any
action to bring the sunset review determination of November 4, 1999
regarding the antidumping duty order on Anti-Friction Bearings from
Japan, as well as the sunset review determination of the same order of
May 4, 2006, into conformity with its WTO obligations; Japan alleges
that as a result, the United States acts inconsistently with Articles
17.14, 21.1, and 21.3 of the DSU, and Article 11.3 of the Antidumping
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 FR0808@ustr.eop.gov, with
``Japan 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 Uruguay Round Agreements Act
(``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-322) 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. E8-13518 Filed 6-16-08; 8:45 am]
BILLING CODE 3190-W8-P
